Civil Litigation
-
August 26, 2025
Federal Court of Appeal confirms airlines liable for preventable safety‑related flight disruptions
The Federal Court of Appeal has upheld a ruling that airlines may be required to compensate passengers for disruptions tied to safety issues if the problems arise from a carrier’s failure to take reasonable measures to avoid them.
-
August 26, 2025
Reasonably late? Ontario court clarifies investigative duties in priority disputes
In Intact Insurance Company v. Aviva Insurance Company of Canada, Court File No. CV-22-00690361-0000 (May 7, 2025), the Ontario Superior Court of Justice upheld an arbitration decision allowing Aviva to pursue its priority dispute against Intact despite serving its Notice of Dispute nearly three years after the 90-day deadline had passed.
-
August 26, 2025
Federal Court of Appeal upholds decision to depopulate B.C. farm’s 400 ostriches for avian flu
The Federal Court of Appeal has dismissed an appeal by a B.C. ostrich farm finding that the minister of agriculture and agri-food has broad discretion to order a flock’s depopulation, even in the case of mere suspicion of disease.
-
August 26, 2025
Was father’s money for children to buy house a gift or loan?
Despite the recent market decline in Ontario, the high cost of real estate often pushes families to join together to fund down payments. In such circumstances, the legal consequences of commingling family funds may blur the lines between generosity and expectation.
-
August 26, 2025
Otsuka, Lundbeck agree to settle antipsychotic drug class action for $4.75M
Pharmaceutical companies Otsuka Canada and Lundbeck Canada have agreed to a proposed $4.75-million settlement in a class action alleging that their antipsychotic drug Rexulti may cause compulsive behaviours, including hypersexuality, compulsive gambling and binge eating.
-
August 25, 2025
B.C. to put kids first, support victims of violence via proposed changes to Family Law Act
British Columbia is looking to change its family law legislation in a bid to increase support for victims of domestic violence and enhance parenting arrangements in the name of putting kids first.
-
August 25, 2025
CIVIL PROCEDURE - Judgments and orders - Setting aside judgments or orders - Fresh evidence - Pre-judgment interest
Appeal by Latium Fleet Management from chambers judge’s order for pre-judgment security for interest. Application by Davlyn Corporation Ltd. to adduce new evidence. Davlyn sued Latium for, among other things, rental arrears on lease agreements, interest and costs.
-
August 25, 2025
When human rights meet bureaucracy: The unseen power of tribunals
In the intricate tapestry of justice, where the grand pronouncements of courts often capture headlines, a quieter, yet profoundly impactful, spectacle unfolds daily within administrative tribunals. These specialized bodies, designed to efficiently resolve disputes in specific areas like social benefits, immigration, or labour relations, wield significant power. But what happens when their specific mandates collide with the overarching principles of human rights?
-
August 25, 2025
Court orders combined hearing for Securities Act leave application, class action certification
The B.C. Supreme Court has ruled that a leave petition to bring a secondary market liability class action against Telus International under the Securities Act and the certification motion can be heard together in a single combined hearing.
-
August 25, 2025
Increased judicial intervention to correct unfairness at key tribunals
Ontario’s administrative tribunals are facing increased scrutiny by the courts for unfairness in dismissing claims brought by tenants, landlords, employees, car accident victims and people who believe they have experienced discrimination or are seeking disability benefits.