Civil Litigation

  • February 20, 2026

    Court allows Suncor’s appeal of depreciable properties in tax reassessment

    The Federal Court of Appeal has allowed an appeal by Suncor relating to its acquisition of more than $34 million in depreciable property that was transferred to its limited partnership, which did not exist at the time of acquisition, and later used to calculate its 2007 income tax.

  • February 20, 2026

    Tax Court endorses Google Maps for ‘shortest normal route’ in moving expense disputes

    In a decision that bridges traditional tax principles with modern technology, the Tax Court of Canada has upheld a taxpayer’s claim for nearly $130,000 in moving expenses, relying on Google Maps data that accounted for real-world rush-hour traffic in the Greater Toronto Area.

  • February 20, 2026

    Equal or exceptional? Reapportionment and relationship dynamics in Lamoureux v. Hedquist

    In Lamoureux v. Hedquist, 2025 BCCA 438, the parties were involved in a turbulent five-year relationship from 2015 to 2020. Neither entered the relationship with personal assets; however, the husband, Thomas Hedquist, owned substantial and valuable corporate interests at the outset of their union that qualified as excluded property.

  • February 20, 2026

    Judge deems boy’s injuries at Grande Prairie daycare ‘unfortunate fluke’

    911. No, not a distress call. Just the age of the parties in a recent Alberta Court of Justice case, Robinson v. Fellin, 2026 ABCJ 2. Dominic Robinson was 9, and he sued Xavier Fellin, age 11, who struck him at a Grande Prairie, Alta., summer daycare program while arguing and swatting him with a small toy dinosaur. Dominic suffered a severe finger injury requiring surgery.

  • February 20, 2026

    B.C. seeks public input on regulated paralegal roles

    The British Columbia government is asking for public feedback on what kinds of legal work regulated paralegals should be allowed to do. The Legal Professions Act, which became law in 2024, created a new category of legal service provider — regulated paralegals — who differ from those currently known in the province as paralegals, who work under the supervision of a lawyer and are not allowed to provide legal advice.

  • February 20, 2026

    Visual law: Using tables, diagrams and pictures in legal work

    What if the next presentation you attend is only voice without visuals? If an airplane safety card had only text with no pictures? If a furniture assembly guide was not drawn but written? If the television disappears and only books are left?

  • February 20, 2026

    CIVIL PROCEDURE - Pleadings - Amendment of - Striking out pleadings or allegations

    Appeal by appellants from an order striking their claim against the Attorney General of Canada for failure to disclose a reasonable cause of action. The claim arose after Sienna was fatally shot by neighbour Duckett, who held a firearms licence.

  • February 19, 2026

    When conduct drives costs: Bad faith, unreasonableness and a $220,000 award

    The Superior Court’s decision in G.P.R. v. A.K., 2026 ONSC 409 is a pointed reminder of how litigation conduct, both at trial and in the post-trial period, can dramatically shape a costs outcome.

  • February 19, 2026

    Court denies additional evidence in proposed ArriveCan class action

    The Federal Court has dismissed a motion to file a supplemental affidavit ahead of the certification hearing for a proposed class action regarding the ArriveCan app.

  • February 19, 2026

    Non-party to mortgage contract has claim against lender and lawyer struck

    The Rules of Civil Procedure contain powerful rules for the pretrial disposition of actions. One of those rules is rule 21, which, among other things, permits a defendant to strike out an action on the grounds that it discloses no reasonable cause of action or on the grounds that it is frivolous, vexatious or an abuse of process. For malpractice lawyers who defend claims against lawyers, rule 21 is often relied upon to seek the early dismissal of an action in circumstances where the plaintiff and the defendant lawyer were not in a solicitor-and-client relationship.