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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
When a person who goes by more than one name passes away, it is important to provide not only their legal name when applying for a certificate of appointment of estate trustee, but to also provide alternate names that the deceased used.
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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 23, 2026
Nova Scotia’s highest court has ruled that plaintiffs in a multimillion-dollar civil conspiracy lawsuit provide “full particulars” in their claim against a company accused of dealing in the illegal lobster trade.
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October 23, 2026
Appeal by Erickson, Soucy and Hutchinson (plaintiffs) from a decision granting a permanent stay of their proposed class action. The lawsuit alleged the systemic abuse of attendees of an independent school and church operated by Mile Two Church Inc. (Mile Two) in Saskatoon.
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October 23, 2026
Appeal by SaskEnergy Incorporated (SaskEnergy) from two decisions. Following two unrelated workplace incidents, five members of Unifor Local 649 (union) employed by SaskEnergy grieved management decisions requiring them to undergo drug and alcohol testing.
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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 22, 2026
Ottawa has launched its first-ever cross-country recruitment drive for the federal benches, in the midst of a lawsuit from the judiciary, in which Ottawa denies having a judicial recruitment problem.
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October 22, 2026
Within the practice of cultural property restitution and estate asset recovery, fiduciary litigators and trust administrators frequently encounter unique administrative challenges.
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October 22, 2026
Appeal by the appellants from the decision dismissing their originating application for the balance allegedly payable under a Services Agreement, and cross-appeal by the respondents from the judge’s failure to decide their procedural dismissal application.
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October 21, 2026
Manitoba has set new limits on “above-guideline” residential rent increases landlords put in place for capital expenses. The provincial government is “changing regulations” to cut above-guideline rent increases by up to 40 per cent in a bid to “strengthen protections for renters.”
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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
Estate litigation can take months or years to resolve, but mortgage obligations do not wait. For estate trustees and beneficiaries, the core challenge is preserving the value of estate property while competing claims are litigated.
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October 21, 2026
A royal commission or national commission of inquiry into immigration could boost Canadians’ understanding of hot-button immigration issues and generate positive public dialogue as well as needed policy reforms, says an expert on Quebec’s uniquely autonomous immigration regime that sparks envy from other provincial leaders.
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October 21, 2026
What happens when a struggling franchisee exits the system and leaves its debt behind?
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October 21, 2026
For decades, the estate freeze has been a staple of succession planning for Canadian business families. The mechanics are familiar to any tax or estate practitioner: the owner exchanges growth shares for fixed-value preferred shares, and a newly settled family trust subscribes for fresh common shares that will capture all future growth. The tax benefits are well understood.
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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 20, 2026
The Canadian Labour Congress (CLC) is calling on Parliament to amend Bill C-39 to remove proposed changes to the Canada Labour Code that would establish a framework for the labour minister to intervene to end a strike or lockout.
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October 20, 2026
Paul Reid has joined Fasken as a partner in its litigation and dispute resolution group, based in the firm’s Tsuut’ina, Alta., office.
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October 20, 2026
In the decision of Canada v. Martin, 2026 FCA 144, the Federal Court of Appeal was tasked with determining the scope of taxable Canadian source income earned by two professional baseball players employed by the Toronto Blue Jays: Russell Martin and Josh Donaldson. The Canada Revenue Agency (CRA) reassessed the players’ taxable income to increase the tax owing based on the differing treatment of a retirement compensation arrangement (RCA). The CRA’s position was rejected by the Tax Court of Canada in Martin v. Canada, 2024 TCC 153, which was appealed to the Federal Court of Appeal.
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October 20, 2026
Outside of defence procurement, the Ontario Superior Court is perhaps the most dysfunctional government entity in Canada. Given that responsibility for the court is divided between the federal and provincial governments, that judges have decreed themselves above transparency or accountability, and that the system lacks meaningful feedback mechanisms, that result is largely to be expected. Still, watching this dysfunction play out in a small claims sheriff’s sale demonstrates a system plumbing new lows.
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October 20, 2026
Appeal by Air Passenger Rights (Association) from an order dismissing its petition for judicial review. Two airline passengers brought a claim against WestJet Airlines Ltd. (WestJet) in the Civil Resolution Tribunal (CRT) seeking standardized compensation for a flight delay under the Air Passenger Protection Regulations (Passenger Regulations) and recovery of out-of-pocket expenses during the delay period.
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October 20, 2026
Appeals by Donald and Linda (collectively, Murrays) and Windsor from a residential construction decision, and appeal by Murrays of costs order.
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October 19, 2026
The Federal Court of Appeal has ruled that the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) does not automatically impose additional Indigenous consultation and consent requirements on project approvals, overturning a ruling requiring further consultation over a proposed nuclear waste facility.