Civil Litigation
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December 15, 2025
B.C. court dismisses appeal; treaty-rights defence over severalty land can proceed
The British Columbia Court of Appeal has dismissed an appeal of a regional district and the province, upholding the finding that it may be arguable that lands that were transferred in fee simple under a treaty agreement may still have some characteristics of treaty land for purposes of s. 35 of the Constitution Act.
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December 15, 2025
New Alberta legislation limits law society’s education, disciplinary powers
Hot on the heels of a controversial bill to limit the disciplinary authority of professional regulatory bodies, Alberta legislators have also passed a bill that brings significant change to the governance of the legal profession in the province — a move some legal observers are saying seems to reflect a distrust of the provincial law society.
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December 15, 2025
DS Lawyers is now Prelia
DS Lawyers has adopted a new name, Prelia, as the first phase of its international rebranding, the firm announced.
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December 15, 2025
Dependent support claims: The overlooked obligation
In Ontario, estate disputes often erupt where families least expect them. At first glance, wills can appear all in order, assets may be simple, and relationships may seem calm … until someone who depended on the deceased person realizes they have not been adequately provided for. At that point, even the simplest will can be challenged through something called a “dependent support claim,” a process under Part V of the Succession Law Reform Act (SLRA) that is quite important to understand in Ontario.
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December 12, 2025
SCC clarifies warrantless arrest power, affirms right of defence to challenge legality of such arrests
Ruling 9-0, the Supreme Court of Canada has delineated statutory limits on the power of police to make warrantless arrests and the nature of their statutory partial immunity for “good faith” but mistaken warrantless arrests, thereby clarifying that Criminal Code s. 495 does not bar a criminal accused from the opportunity to allege that their warrantless arrest was illegal and thus infringed their s. 9 Charter-guaranteed right not to be arbitrarily detained or arrested.
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December 12, 2025
N.W.T. proposes changes to public service legislation
The Northwest Territories is proposing changes to public service legislation to give unionized workers in that sector greater choice in how they are represented.
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December 12, 2025
CBA warns against undermining courts after B.C. premier’s remarks on ‘toxic’ impact of rulings
Canadian Bar Association president Bianca Kratt has issued a statement calling on governments to avoid statements that damage the legitimacy of courts following B.C. Premier David Eby’s recent comments describing court decisions concerning Indigenous rights as creating “toxic” uncertainty.
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December 12, 2025
Washington jury decides: Hero sandwich or assault sub?
Murder by mustard? You are all no doubt wondering about the outcome of the recent trial in Washington, D.C., of Sean Charles Dunn. A jury found him not guilty of assault for throwing a Subway sandwich at a federal agent who Dunn thought was going to arrest some illegal immigrants.
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December 12, 2025
The push and pull between testamentary freedom, familial obligations in dependant relief claims
One of the hallmarks of Ontario’s estate planning regime is testamentary freedom. It gives individuals, when drafting and executing their wills and estate plans, the ability to distribute their assets in the manner they see fit.
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December 12, 2025
Lawyers’ year end 2025 and upcoming legal challenges 2026
As 2025 comes to an end and everyone attends their holiday parties, let’s prepare for the challenges that will be faced by legal professionals in the upcoming year. Here are a few that come to mind: