Civil Litigation
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July 17, 2025
Wide-open-door policy ‘is not how we roll,’ Federal Court of Appeal judge tells would-be interveners
The Federal Court of Appeal’s senior puisne judge says those applying to intervene at the national intermediate appellate court should ask themselves whether their presence “will advance our work.”
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July 17, 2025
WeirFoulds adds associate Caelan MacDonald to litigation team
WeirFoulds LLP has welcomed Caelan MacDonald as an associate in its commercial litigation practice group.
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July 17, 2025
Court revives Clearview AI class action, finds query-based class identification not ‘opt-in scheme’
The Federal Court of Appeal has revived a proposed class action against facial recognition firm Clearview AI, ruling that a process requiring potential class members to query the company to confirm their inclusion does not undermine the “opt-out” nature of Canadian class actions.
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July 17, 2025
Forms of beneficial ownership: Inheriting gifts as joint tenants, tenants in common
When property is held by more than one person, beneficial ownership takes one of two forms — joint tenancy or tenancy in common. These forms of beneficial ownership also apply when a will leaves a testamentary gift to multiple beneficiaries, regardless of whether the will expressly addresses the intended form of joint ownership. If a will is silent on this point, the form of beneficial ownership will simply be determined through legal presumptions.
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July 17, 2025
CIVIL PROCEDURE - Parties - Class or representative actions - Certification - Common interests and issues - Representative plaintiff
Appeal by appellants against a certification judge’s decision regarding a class action against respondents and cross-appeal by respondents to narrow the scope of the class action or dismiss it. The appellants proposed a class action against the respondents regarding defective BMW N20 engines in 2012-2015 model vehicles.
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July 17, 2025
Court awards $400K in trial costs after successful appeal of Nigerian oil and gas case
The Ontario Court of Appeal has awarded $400,000 in trial costs relating to a failed oil and gas bid in Nigeria by an Ontario company, finding numerous errors in the trial judge’s findings.
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July 17, 2025
Novel pleadings alleging inferiority of grey market goods survive motion to strike
The decision in Toyota Jidosha Kabushiki Kaisha (c.o.b. Toyota Motor Corp.) v. Marrand Auto Inc., 2025 FC 1105, issued on June 18, 2025, by Justice Janet Fuhrer, upheld a decision by Associate Judge Trent Horne that barely allowed the claim to survive a motion to strike. Justice Fuhrer makes the following query at the outset of her appeal decision on the motion to strike: “When is a TOYOTA bumper no longer a TOYOTA brand product? When it is damaged during shipment by a grey marketer, according to the Plaintiffs. Not so fast, says the Defendant.”
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July 16, 2025
Ontario Court of Appeal upholds municipal authority in Stratford encroachment dispute
In a decision that could provide guidance for property owners, municipalities and municipal law practitioners, the Ontario Court of Appeal has dismissed an appeal by a Stratford, Ont., property owner who sought to avoid entering into a city encroachment agreement for structures built on a municipal road allowance, ruling that the city never expressly approved the encroachments despite having issued building permits and occupancy certificates.
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July 16, 2025
Federal Court rules pulsed electric field tech not covered by McCain patent on french fry treatment
The Federal Court has dismissed a patent infringement suit brought by McCain Foods, finding that the company’s claims over electric field processing of potatoes for french fries does not extend to a newer pulsed electric field (PEF) technology, which applies higher electric fields in rapid pulses.
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July 16, 2025
Resource bills are ‘clear and present danger’ to First Nations’ self-determination rights: lawsuit
Nine Ontario First Nations have launched a lawsuit against both Ottawa and Queen’s Park, saying federal and provincial legislation intended to speed up resource development violates their constitutional rights.