The Complete Brief
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January 14, 2026
Scrapping the bar exam won’t fix Ontario’s licensing problem
The Law Society of Ontario is considering removing the written barrister and solicitor examinations as part of the lawyer licensing process. They published a report on the subject and asked members of the legal community to comment. While I agree that the licensing process and especially the examinations require modernization (and I’ve written about this at length before), I disagree that completely replacing standard written examinations will accomplish this goal but rather will be costly and will lower the standards for entry into the profession.
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January 14, 2026
When a client claims their lawyer’s mistakes caused them losses
In Ontario, claims that a lawyer made an error in handling a client’s case are tested under the law of professional negligence. These claims are often referred to as “lawyer negligence” or “professional malpractice.” While clients may feel strongly that their lawyer’s conduct caused them harm, Ontario courts apply a structured and demanding legal test before holding a lawyer liable.
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January 14, 2026
Charter rights trump requirement to take oath of allegiance
The concept of taking an oath of allegiance can be traced back to medieval times when people took oaths of fealty to pledge loyalty or faithful service to a monarch or a lord. Today, it is not uncommon for immigrants seeking citizenship in a new country to be required to take an oath of allegiance or oath of citizenship. Professional regulatory bodies, such as law societies, may also obligate members to take an oath of allegiance in order to be admitted.
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January 14, 2026
Alberta Court of Appeal delivers lesson in legal history, upholds conviction in 1981 cold case
Cold cases dredge up years of history. In a review of a finding of guilt in a cold case, the Alberta Court of Appeal delivered a lesson in legal history through its own dredging up of legal precedents.
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January 14, 2026
NEGLIGENCE - Contributory negligence - Apportionment of liability - Water and flooding
Appeal by the Corporation of the City of Hamilton from the trial judgment awarding damages and injunctive relief to National Steel Car Limited. National’s property was periodically flooded for over 20 years due to wastewater overflow from the adjacent Kenilworth Avenue Drainage Channel, which was jointly owned by the City and ArcelorMittal Dofasco Inc.
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January 13, 2026
Supreme Court of Canada Justice Sheilah Martin to retire in May after eight years at top court
Supreme Court of Canada Justice Sheilah Martin, a former University of Calgary law dean and one of the apex court’s criminal and constitutional law experts, will retire May 30, 2026, after working at the high court for more than eight years.
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January 13, 2026
Ontario fast-tracks Crawford nickel project under new One Project, One Process framework
The Ontario government is fast-tracking a nickel project in Crawford, Ont., under the province’s new One Project, One Process (1P1P) framework launched in October 2025, according to a news release issued on Jan. 13.
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January 13, 2026
Court allows appeal relating to Habitat for Humanity occupancy contract
The British Columbia Court of Appeal has allowed an appeal concerning whether an occupancy agreement with Habitat for Humanity for owning a home could be contemplated as a rental agreement.
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January 13, 2026
Saskatchewan law society events touching on family violence, drug treatment court
Saskatchewan’s legal regulator is kicking off the new year with a handful of conference sessions examining child-inclusive mediation, family violence and 20 years of Regina’s Drug Treatment Court.
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January 13, 2026
No error in judge’s alteration of contingency fee arrangement: Ontario Court of Appeal
Ontario’s top court has dismissed a challenge of a judge’s decision to amend a contingency fee agreement, underscoring a court’s role in protecting vulnerable clients in legal proceedings.