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October 23, 2026
Splintering over the results in a multi-defendant personal injury case, the Supreme Court of Canada has elaborated on the elements of “factual causation” and “remoteness” of damages and on the roles they play in analyzing negligence claims. On Oct. 23, a majority of the seven-judge bench dismissed the appeals of plaintiffs Sophia Hemmings, her litigation guardian and her family from a 2024 Ontario Court of Appeal medical negligence decision: Hemmings v. Padmore, 2026 SCC 34.
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October 23, 2026
Appeal by Sophia and members of her family (the Hemmings) from dismissal of the actions against Padmore and Scarborough Hospital; appeal by Jamensky from dismissal of his appeal.
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October 23, 2026
For the first time in more than 50 years, the Court of Appeal for Ontario has updated its test for leave to appeal from a decision of the Divisional Court. In Knauff v. Ontario (Human Rights Tribunal), 2026 ONCA 653, a five-judge panel confirmed that the test for leave is whether the proposed appeal raises an arguable question of law or mixed law and fact that is of sufficient public importance to warrant consideration by the Court of Appeal.
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October 22, 2026
Taylor Graham has joined Alexander Holburn as an associate in its insurance practice group in Vancouver.
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October 22, 2026
The Supreme Court of Canada has granted Ottawa’s request for leave to appeal Federal Court rulings that held that the federal government wrongly declared a national “public order” emergency in 2022. On Oct. 22, the top court granted the federal government’s leave application and also granted leave to cross-appeal to the Canadian Civil Liberties Association (CCLA) and the Canadian Constitution Foundation (CCF).
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October 22, 2026
The Ontario Court of Appeal has allowed an appeal and a $70,000 settlement in a case relating to a motor vehicle accident, finding that the judge made numerous errors relating to jurisdiction, interpretation and procedural fairness.
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October 21, 2026
Dementia Justice Canada is urging Parliament to require an independent legal assessment before medical assistance in dying is administered under an advance request, warning that people who have lost decision-making capacity need protection from coercion, undue influence and abuse.
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October 21, 2026
Appeals by the appellants from the orders granting the respondents summary judgment and dismissing their product-liability actions as statute-barred under the Limitations Act (Act).
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October 19, 2026
Appeal by appellant from damages awarded following a 2018 motor vehicle accident for which respondents admitted liability. The appellant was an ophthalmologist who suffered chronic neck and shoulder pain that affected prolonged static postures and neck flexion required in her work.
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October 16, 2026
For the first time, the Supreme Court of Canada has explained when and how the Criminal Code’s s. 276 rules limiting the admissibility and use of evidence of complainants’ sexual history apply in prosecutions for non-enumerated sexual exploitation crimes, such as human trafficking and selling “sexual services.”
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October 16, 2026
Does anybody think Humpty Dumpty took his fall off the wall lying down? No way. Mr. Dumpty actually commenced a lawsuit seeking compensation as a result of injuries suffered. I recently came across a copy of a little-known decision of the High Court of Wonderland, which I would like to share.
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October 15, 2026
Kelly Kim has joined Lenczner Slaght as counsel, adding to the firm’s health law practice.
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October 14, 2026
Appeal by appellants and cross appeal by respondent from a personal injury judgment awarding the respondent approximately $3.75 million following a rear-end motor vehicle accident.
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October 13, 2026
Last week, the federal government announced that it plans to introduce legislation to decriminalize advance requests for medical assistance in dying (MAID), leaving each province and territory to decide whether to permit them. Advance requests are intended to respect autonomy, but when undue influence, coercive control or other forms of abuse are discovered only after MAID has been provided, no remedy can restore the person’s life.
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October 08, 2026
Just weeks after Canada’s government created a chief firearms officer for the country’s northern territories, the Yukon has tabled legislation that would allow for the creation of its own “firearms advocate.” On Oct. 7, Yukon’s government introduced the Yukon Firearms Act — a law being proposed in a bid “to support responsible firearm owners” in the territory.
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October 08, 2026
“Money is a barren substitute for health and personal happiness, but to the extent within reason that money can be used to sustain or improve the mental or physical health of the injured person it may properly form part of a claim.”
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October 08, 2026
Appeal by Cavanagh from the judgment finding that her negligence caused Ibrahimova’s damages. Ibrahimova was 28 years old and in the second trimester of her first pregnancy.
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October 07, 2026
Federal Justice Minister Sean Fraser says the Liberal majority government will introduce “in weeks” groundbreaking legislation to permit persons with serious medical conditions to consent in advance to medical assistance in dying (MAID), i.e. before they lose their capacity to consent to the procedure. The planned bill would also bar MAID access on an “indeterminate basis” to persons whose sole underlying medical condition is a mental illness, he said.
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October 07, 2026
Hannah L. Siegmund has joined Harper Grey as an associate in its health law and personal injury groups in Vancouver.
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October 06, 2026
Manitoba is looking to remove limitation periods for civil claims stemming from intimate partner violence involving “coercive control.” According to an Oct. 5 news release, the province has introduced legislative amendments to its Limitations Act that “would allow survivors to pursue civil action regardless of when the abuse occurred.”
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October 05, 2026
Although general damages in a defamation action are not subject to a fixed ceiling or are “at-large,” courts rarely award a plaintiff significant damages for their loss of reputation. The Canadian cases in which general damages in the amounts of hundreds of thousands have been awarded are confined to circumstances where the plaintiff is a professional, such as lawyer, whose career is dependant on having a good reputation or where the defendant has been noted in default and the court is asked to assess damages based only on the representations of the defamed plaintiff.
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October 02, 2026
The Supreme Court’s fall session is packed with interesting appeals in diverse areas of law including class actions, contracts, Crown immunity and Charter rights. The top court’s session begins Oct. 5 with an “opening of the court” ceremony in the West Memorial Building at 344 Wellington Street in Ottawa.
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October 02, 2026
When I was called to the bar in 2005, I cut my teeth at an in-house personal injury defence firm, in the era when examinations for discovery still happened in a room.
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October 01, 2026
New Saskatchewan legislation reflecting the digital age and protecting residents against “online misinformation” have come into force.
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October 01, 2026
Mental health, job stress and keeping up with AI remain “front of mind” for the new president of Manitoba’s law society.