Civil Litigation

  • May 13, 2026

    Federal Court orders third CRA review of teacher’s CERB eligibility

    In a case that has now twice been overturned, the Federal Court has remitted the matter of an individual’s eligibility for the Canada Emergency Response Benefit (CERB) back to the Canada Revenue Agency (CRA) for a third review.

  • May 13, 2026

    B.C. expands use of videoconference hearings for civil and family cases

    Case planning conferences and judicial management conferences in civil and family proceedings in British Columbia will now, by default, be held by videoconference, according to a May 13 release.

  • May 13, 2026

    Ontario Appeal Court rejects health care workers’ broad COVID vaccine suit

    Ontario’s highest court has turned back a challenge by more than 400 current and former health care workers who were disciplined or dismissed because of their refusal to receive a COVID-19 vaccine. The workers were challenging the dismissal of their claim by an Ontario Superior Court judge, who said it was both an abuse of process and disclosed no reasonable cause of action.

  • May 13, 2026

    Appeal Court orders trial in greenhouse insurance policy case over acres of plant loss

    The Ontario Court of Appeal has remitted a case to trial in which an insurance provider denied coverage to a greenhouse operator despite it suffering a loss of 23 acres of tomato plants caused by excessive carbon monoxide emissions. It found the judge made numerous errors in the analysis.

  • May 13, 2026

    Virtual mediation: Practical tips for better outcomes

    The vast majority of mediations in Ontario continue to take place virtually. Convenient and often cost-effective, virtual mediation is clearly here to stay — even if I personally would welcome a greater return to in-person mediations (more on that in an upcoming article). It is therefore worth thinking carefully about how virtual mediations can be structured to maximize effectiveness.

  • May 13, 2026

    CIVIL PROCEDURE - Summary judgments - Grounds for review - Moot issues

    Appeal by Kelly from the dismissal of his motion for summary judgment. The motion sought to strike the petitioner Polowy’s claim for an accounting and equalization of family assets, including pensions, on the basis that the petition was filed outside the three‑year limitation period.

  • May 12, 2026

    Court of Appeal quashes appeal of project restructuring order as interlocutory

    The Ontario Court of Appeal has quashed an appeal arising from a court-supervised sale process under the Ontario Business Corporations Act, holding that the order was interlocutory and therefore appealable only to the Divisional Court with leave.

  • May 12, 2026

    Ontario nurses, health care workers fight law blocking strikes

    Ontario nurses have launched a constitutional challenge of a decades-old statute that prohibits them from taking job action. The lawsuit from the Ontario Nurses’ Association (ONA), which represents more than 68,000 nurses and health care professionals, aims to strike down the Hospital Labour Disputes Arbitration Act (HLDAA).

  • May 12, 2026

    Parker v. King: Accommodation, fairness of process and Rico the python

    Family court cases are quite varied. Some involve straight couples. Some same-sex. Some married. Some common law. Some no children. Some blended families. Some complex or foreign assets. More recently, the asset being debated in court is the family pet, such as a cat or dog.

  • May 12, 2026

    BINDING ARBITRATION

    Appeals by Vancouver School District (VSB) from three orders. Two procedural orders were made by Stephens J. staying the effect of an arbitral award and an order was made by Chan J., setting aside that award and substituting a lower valuation. The dispute arose under a long‑term commercial lease between VSB and Kingsgate/Beedie concerning rent for successive renewal terms.