Constitutional

  • August 21, 2026

    Decision in Toronto bike lane case ‘troubling,’ but legal observers divided

    Legal observers are mixed in their reaction to a decision by Ontario’s top court to overturn a finding that the provincial government’s plans to remove three downtown Toronto bicycle lanes violated the Charter, with some calling it a correct interpretation of constitutional principles but others saying it is troublesome for future cases.

  • August 17, 2026

    Ontario cash bail requirements challenged as creating ‘two-tier’ system

    A coalition of legal and civil rights groups has launched a constitutional challenge to Ontario’s new cash bail requirements, arguing the rules create a “two-tier” justice system that favours people who can afford to pay for their release. Changes to the bail system came into effect on Aug. 17, and among other things require a cash security deposit in the full amount pledged to be paid once an accused person is released into custody, with payment due within two business days of release.

  • August 11, 2026

    Prosecutorial independence: Applying the law when politics are at their hottest

    The current debate over Israel and Palestine provides a particularly difficult test of whether we can maintain those distinctions when political passions run high.

  • August 11, 2026

    Cochrane Sinclair adds Josef Rosenthal as senior counsel

    Josef Rosenthal has joined Cochrane Sinclair as senior counsel in its Vancouver office.

  • August 11, 2026

    Protecting prosecutorial independence from political pressure

    Prosecutorial independence matters precisely because the power to prosecute is among the most consequential powers the state possesses.

  • August 10, 2026

    Prosecutorial independence in an age of polarization: When politics surrounds the criminal process

    A number of recent Ontario cases have brought me back to a constitutional principle that tends to receive little public attention until confidence in it begins to erode: prosecutorial independence.

  • August 10, 2026

    CIVIL PROCEDURE - Canadian Charter of Rights and Freedoms - Striking out pleadings or allegations - Grounds

    Appeal by the appellant from an order striking his amended notice of civil claim on the basis that it disclosed no reasonable cause of action. The appellant, after experiencing delays in receiving medical treatment in British Columbia for Conn’s syndrome, obtained surgery in Florida and later sought reimbursement under provincial health legislation.

  • August 07, 2026

    Ontario climate case continues despite failure of bid to reopen appeal

    A constitutional challenge to Ontario’s greenhouse gas emissions standards will carry on despite a decision by the province’s top court not to reopen the appeal that initially gave the case the go-ahead. The Ontario Court of Appeal’s Aug. 5 ruling in Mathur v. Ontario, 2026 ONCA 561 is the latest step in a long running legal dispute that dates back to 2019, when seven young Ontarians launched a challenge arguing the province’s greenhouse gas (GHG) emissions targets, and the plan to reach those targets, violated their rights under sections 7 and 15 of the Charter.

  • August 06, 2026

    Court upholds dismissal of CUPW defamation action over comments that it supports Hamas

    The Ontario Court of Appeal has upheld the dismissal of a defamation action brought by the Canadian Union of Postal Workers (CUPW) over comments suggesting it supported terrorism and Hamas, finding that the defence of fair comment applied even though the statements were defamatory and substantially untrue.

  • August 06, 2026

    NATURAL JUSTICE - Duty of fairness - Procedural fairness

    Appeal by Mi'gmawe'l Tplu'taqnn Inc. (MTI) and Sierra Club Canada Foundation (Sierra Club) from judgment dismissing their application for judicial review of Minister of Environment and Climate Change’s (Minister’s) approval of Bay du Nord Development Project.