Civil Litigation
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February 04, 2026
Court upholds decision finding race, disability did not play a role in TD Bank employee’s demotion
The Federal Court has upheld a tribunal decision that a Black employee formerly working at TD Bank was not deprived of his Charter rights due to a demotion through restructuring, despite his arguments on race and disability being a factor.
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February 04, 2026
B.C. Court of Appeal upholds certification of privacy class action against Home Depot
The B.C. Court of Appeal has upheld the certification of a class action against Home Depot for sharing customer information with Meta, confirming that Privacy Act claims may be certified where common liability can be assessed on a class-wide basis.
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February 04, 2026
Alberta seeking greater role in judicial appointments, threatens to withhold funding for judges
Alberta Premier Danielle Smith is asking the federal government for a greater say in judicial appointments and has threatened to withdraw funding to support any new judicial appointments in the province unless a more collaborative process is set up. In an open letter to Prime Minister Mark Carney, Smith also said Ottawa needs to relax bilingualism requirements for judicial appointments “that do not reflect Canada’s broader linguistic diversity in Western Canada and alienates Albertans and western Canadians alike.”
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February 04, 2026
McKercher names Perrault and Wilson as partners
McKercher LLP has welcomed Toni A. Perrault and Cole J.N. Wilson to its partnership in the firm’s Saskatoon office.
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February 04, 2026
When it comes to employee vaccination policy, proportionality matters
The Ontario Superior Court’s recent decision in Paul v. Sensient Colors Canada Ltd., 2025 ONSC 3127 should cause a familiar sense of discomfort for employers who assumed that pandemic-era policies would receive blanket judicial deference.
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February 04, 2026
CIVIL PROCEDURE - Appeals - Grounds for review - Misapprehension of or failure to consider evidence
Appeal by Lungu from chambers judge’s summary dismissal of her negligence claims. This appeal arose from a medical malpractice action involving a trigger point needling treatment performed by Dr. Cabrita, a medical doctor specializing in physiatry. Lungu alleged that Dr. Cabrita performed the trigger point needling treatment without her informed consent and pierced and destroyed her bones with the needles, causing disabling and permanent pain.
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February 03, 2026
Labour board’s view that worker’s comments weren’t ‘sexual harassment’ was unreasonable: FCA
The Federal Court of Appeal has ruled that a longtime WestJet employee’s persistent unwelcome comments, which had sexual undertones, were “sexual harassment” that could possibly justify his termination, notwithstanding that the labour board below made findings that none of his intrusive comments to his female coworkers were “sexual in nature or intent” and that no one interpreted his comments in a sexual manner.
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February 03, 2026
Appeal Court upholds ministerial decision to refuse aquaculture licences in B.C.
The Federal Court of Appeal has upheld as reasonable a 2023 decision by the Minister of Fisheries, Oceans and the Canadian Coast Guard to refuse to re-issue aquaculture licences to salmon farms in B.C.’s Discovery Islands, despite deviating from the department’s recommendation.
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February 03, 2026
Gift or loan? Courts weigh in on nature of financial support given by parents to adult children
When parents provide financial support to their adult children, is it a loan or a gift? While the question might seem straightforward, the assessment can be much more nuanced where clear documentation is lacking.
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February 03, 2026
The open court principle versus reputational loss
The open court principle is a powerful doctrine that has been inextricably linked to the rights guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms. The principle permits public access to information about the court, which, in turn, fosters the public to discuss, opine and criticize court practices and proceedings. As well, the principle permits members of the public to obtain information about the courts and the cases that are heard by them.