Civil Litigation
-
October 10, 2025
SCC clarifies when Quebec 10-year ‘extinctive prescription’ period reboots for collecting on judgments
The Supreme Court of Canada ruled 9-0 in a Quebec appeal that filing and serving a notice to seize property counts as a judicial application interrupting the 10-year deadline to collect payment on a judgment — thereby restarting for a further 10 years the “extinctive prescription” period (comparable to a limitation period in the common law provinces) that applies to rights resulting from most money judgments under art. 2924 of the Civil Code of Québec.
-
October 10, 2025
Court affirms dismissal of employer’s breach of fiduciary duty claim against former employee
The Ontario Court of Appeal has upheld a ruling rejecting an employer’s claim of breach of fiduciary duty by a former executive who launched a competing business, affirming findings of only a minor breach and no evidence of resulting financial harm.
-
October 10, 2025
Court denies stay in case where gaming commission ordered game’s removal
The Ontario Court of Appeal has denied a stay pending appeal in a case where a game offered at establishments serving alcohol was found to involve a mix of skill and chance and was ordered removed.
-
October 10, 2025
Court directs CTA to consider commercial factors in setting interswitching rates
The Federal Court of Appeal has set aside the Canadian Transportation Agency’s 2024 interswitching rate decision, ruling that the agency erred by failing to consider commercial market factors when setting the rates.
-
October 10, 2025
Future capital gains tax may assist parties when equalizing or dividing family assets on separation
No one likes income tax. However, in the context of family law property division and equalization, future capital gains tax may work to the advantage of a spouse. The British Columbia Court of Appeal decision Dignard v. Dignard, 2025 BCCA 43 highlights an important and frequently arising issue in family law: how courts account for potential future tax liabilities, in this case capital gains tax, when dividing or equalizing family property.
-
October 10, 2025
When fired ‘at any time’ doesn’t mean game over: Li v. Wayfair Canada ULC
Termination clauses have long been the horror genre of employment law. Draft them too generously toward the employer, and the courts will strike them down faster than you can say contra proferentem. Draft them too cautiously, and you hand the employee common law notice on a silver platter.
-
October 10, 2025
LIMITATION OF ACTIONS - Extension, interruption, suspension and inapplicability
Appeal by appellant from a judgment of the Quebec Court of Appeal affirming a decision that an unsuccessful attempt to seize a debtor’s property by notice of execution interrupted prescription. The appellant was a band council within the meaning of the Indian Act.
-
October 09, 2025
New law to allow B.C. to go after vape makers for public health costs
The B.C. government has introduced new legislation which would allow the province to recover public health cost from vaping product manufacturers and wholesalers, according to a release issued on Oct. 8.
-
October 09, 2025
New federal Bill C-12 features immigration reforms carved out from contentious ‘strong borders’ bill
The federal government has removed about half of its controversial 140-page omnibus “strong borders” bill (C-2) and inserted excised measures into a newly introduced 70-page “immigration and borders” bill (C-12), which proposes many of the same immigration changes that critics had called on Ottawa to scrap.
-
October 09, 2025
Court finds credit union transactions enforceable despite unregistered operations in Alberta
The Alberta Court of Appeal has dismissed an appeal and cross-appeal relating to the question of validity and enforcement of transactions in a case where the appellants claimed a Saskatchewan credit union could not carry on business in Alberta.