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November 12, 2026
The Ontario Superior Court has declined to rule out a constructive trust over 651 Crown-owned parcels on the Bruce Peninsula as a potential remedy for historical breaches of the honour of the Crown, including the Crown’s failure to diligently protect First Nations’ lands from settler encroachment.
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November 12, 2026
We hear a lot about growing the game of golf. From Rory McIlroy to Bryson DeChambeau and all the way back to Arnold Palmer and Jack Nicklaus, the notion has been on every player’s lips: “We need to grow the game, bring youth to golf.” Those comments are inevitably followed by full-throated support for some youth-focused program — Drive, Chip & Putt; First Tee Canada; Youth on Course and others. These programs are designed to connect young people with golf professionals and coaches for lessons so they learn the game properly from the ground up.
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November 12, 2026
In our recent article, An estate lawyer’s guide to the estate litigation galaxy, we discussed will challenges and raised that on the planning side, lawyers may consider including a no-contest clause in a will as a deterrent to potential litigation. In this article, I will be highlighting the use of no-contest clauses in wills.
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November 11, 2026
The Federal Court has ruled that a party successful on a motion to strike for lack of jurisdiction may recover justified costs for the entire proceeding, including preparation for motions that were never heard.
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November 11, 2026
The Alberta Court of Appeal has dismissed an appeal in a case where a noting in default was set aside, then restored, finding that a court may consider the test for setting aside a default judgment when deciding whether to lift a noting in default.
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November 11, 2026
When it comes to evidence in motor vehicle matters, “nothing to produce” does not mean spoliation. Before alleging destruction of vehicle data amounting to spoliation, counsel must investigate what records existed, who held them and whether the opposing party took reasonable steps to retrieve them.
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November 11, 2026
On Nov. 5, the federal government tabled Budget 2026: Masters of Our Destiny (Budget 2026), which includes a plan to extend the existing prohibition on non-Canadians purchasing residential property in Canada for an additional two years, to Jan. 1, 2029. The proposed extension includes a carve-out for new residential properties.
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November 11, 2026
In Ontario, a common tax law subject is whether a taxpayer should have charged GST/HST on the sale of a home and remitted same to the Canada Revenue Agency (CRA). At the core of the issue is whether the home was constructed or substantially renovated for residential purposes or for profit. If the latter, was the taxpayer engaged in a business or an adventure or concern in the nature of trade? A business characterization involves identifying ongoing commercial activity while an adventure or concern in the nature of trade may result from a single transaction.
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November 11, 2026
In the third quarter of 2026, class action decisions from the courts in Ontario, British Columbia and the Federal Court demonstrated that courts continue to act as active gatekeepers of class proceedings, both when policing the threshold for certification and at the settlement stage of a proceeding.
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November 11, 2026
A trial judge must instruct a jury on a defence that has an air of reality, even when defence counsel has not clearly advanced it as part of the accused’s case. The British Columbia Court of Appeal reinforced that principle by overturning Duite Simms’s assault conviction and ordering a new trial (R. v. Simms, 2026 BCCA 363).
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November 10, 2026
An owner cannot rely on payments made to subcontractors who do not have a lien to reduce the security posted to vacate a general contractor’s lien, Ontario’s top court has ruled.
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November 10, 2026
Canada and five other countries have signed a declaration to reaffirm interest and common responsibility in building advanced artificial intelligence that is safe, secure and widely available to all.
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November 10, 2026
The Ontario Court of Appeal has quashed an appeal for lack of jurisdiction and declined to transfer it to the Divisional Court after finding that the appellant had failed to bring it before the proper court despite being fully aware that the appeal had been filed to the wrong court.
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November 10, 2026
Saskatchewan is proposing legislation in a bid to align itself with a “national push” to recover health care costs associated with harms caused by opioid medications.
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November 10, 2026
Since Jan. 1, 2020, every lawyer taking a motor vehicle injury file in Newfoundland and Labrador has had a new deadline on the diary. Section 25.1 of the Automobile Insurance Act, RSNL 1990, c. A-22 requires a person who intends to sue for bodily injury or death arising from the use or operation of an automobile to serve written notice of that intention on the insured within 120 days after the accident.
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November 09, 2026
The Office of the Privacy Commissioner of Canada (OPC) has published final summaries of seven completed reports covering topics including the collection of personal information by AI through smart devices, “FemTech” apps for women’s health, privacy risks associated with health-related machine listening and a privacy-protective approach to data analysis from connected vehicles.
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November 09, 2026
Ontario’s top court has overturned the dismissal of a man’s claim over injuries he suffered in a jail attack, finding a motion judge interpreted provincial legislation on Crown liability too broadly.
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November 09, 2026
A multimillion-dollar land deal collapses due to a chaotic procedural failure. A high-stakes legal case, involving six titles comprising 64 acres of land in Mission, B. C., ensues. This appeal concerns foreclosure proceedings and a refusal to extend the redemption period (Grace Mtn. Land Company, Ltd. v. 1055249 B.C. Ltd., 2026 BCCA 349).
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November 09, 2026
The failure to operationalize Canada’s new Miscarriage of Justice Review Commission is more than an administrative delay. It is a serious injustice to people who may be serving prison terms for crimes they did not commit.
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November 09, 2026
Appeal by appellants from order declaring that the affairs of H.N. Co. Enterprises Inc. had been conducted in a manner oppressive and unfairly prejudicial to Tassone and granting remedies under s. 227(3) of the Business Corporations Act.
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November 06, 2026
With all its Quebec judges warning, in dissent, against the improper expansion of federal authority over labour relations, the Supreme Court of Canada has 5-4 affirmed that a union certification bid from Quebec falls within derivative federal jurisdiction over labour relations rather than under the province’s labour code. On Nov. 6, Justice Andromache Karakatsanis, writing for the majority, dismissed the attorney general of Quebec’s appeal: Quebec (Attorney General) v. SGS Canada inc., 2026 SCC 37.
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November 06, 2026
The Ontario Superior Court has certified a class action against TD Bank over allegations that it misrepresented its anti-money laundering (AML) controls, after its main U.S. operating subsidiary and its holding company pleaded guilty to criminal conspiracy to commit money laundering.
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November 06, 2026
The Manitoba Court of King’s Bench has dismissed what it described as the final class action relating to Bill C-18, the Marketing Freedom for Grain Farmers Act, which also encompassed the Canadian Wheat Board (Interim Operations) Act.
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November 06, 2026
Appeal by Attorney General of Quebec from Court of Appeal of Quebec’s judgment upholding refusal to certify 14 inspectors and graders at Montréal Branch of SGS Canada inc. under Quebec Labour Code.
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November 06, 2026
The case of Jakupovic v. Intact Insurance Co., 2026 ONCA 651, decided by the Court of Appeal for Ontario on Sept. 17, 2026, exposes a contradiction at the heart of Ontario’s accident benefits regime. The courts have described the Statutory Accident Benefits Schedule (SABS) as consumer protection legislation, yet the SABS places the burden on the injured person to know that benefits exist.