Civil Litigation
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September 04, 2025
ASSESSMENT OF DAMAGES - Measure of damages - Deductions
Appeal by appellants of an award of damages for past and future loss of earning capacity to the respondent for injuries he suffered in two motor vehicle accidents.
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September 04, 2025
Psychedelic disconnect: Charter rights and the case for transparency
A recent Federal Court of Appeal decision (Toth v. Canada (Minister of Mental Health and Addictions and Associate Minister of Health), 2025 FCA 119) about medical psilocybin use exemptions provides some interesting analysis on s. 7 Charter rights and significant policy shifts under the Vavilov framework (Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65).
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September 03, 2025
Court upholds securities class action certification, rejects narrow definition of ‘public corrections’
The Ontario Court of Appeal has upheld the certification of a securities class action against a health care company, ruling that disclosures can qualify as “public corrections” under the Securities Act (SA) even if they are general in nature or are not followed by a decline in share price.
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September 03, 2025
Legal experts & advocates push PM Carney for urgent action to secure Canada’s ‘digital sovereignty’
Legal experts, advocacy organizations and prominent Canadians are asking Ottawa to urgently legislate and implement measures to counter the digital risks to Canada’s autonomy and democracy posed by artificial intelligence (AI), foreign interference and U.S. tech giants’ dominance of domestic digital infrastructure.
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September 03, 2025
Federal Court rejects racism class action by civilian defence, armed forces employees
The Federal Court has denied certification of a proposed discrimination class action against the Department of National Defence (DND) and the Canadian Armed Forces (CAF) by civilian employees who claimed they experienced systemic racism.
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September 03, 2025
Geneviève Lamontagne appointed as judge of the Court of Quebec
Quebec Minister of Justice Simon Jolin-Barrette has announced the appointment of Geneviève Lamontagne as a judge of the Court of Quebec.
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September 03, 2025
A cautionary tale for farm succession planning
The Court of Appeal for Ontario’s recent decision in Metske v. Metske, 2025 ONCA 418 provides an important lesson to farming families and their professional advisers: good intentions and family loyalty, while laudable, are no substitute for clear, enforceable agreements. The decision narrows the scope of proprietary estoppel in the agricultural context and underlines the commercial reality that a succession plan must be both documented and financially achievable.
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September 02, 2025
Ontario implements new framework to return disgorged funds to investors
New rules governing the distribution of funds collected under disgorgement orders to investors who have incurred direct financial losses as a result of violations of Ontario securities law came into effect on Sept. 1, 2025.
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September 02, 2025
Federal Court of Appeal allows Bell to amend counterclaim in $400M copyright dispute
The Federal Court of Appeal has allowed Bell Canada to amend its counterclaim in a copyright dispute with a group of film studios, reversing a lower court’s decision to strike parts of Bell’s pleading alleging misuse of copyright enforcement without leave to amend.
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September 02, 2025
Carney cabinet set to chart Ottawa’s way forward on crime, ‘major projects,’ defence & free trade
As MPs ready their Sept. 15 return to the House of Commons, Prime Minister Mark Carney and his cabinet are meeting for two days in Toronto to strategize how to move forward with the Liberal government’s fall priorities, which include combatting crime, fast-tracking major infrastructure projects including building affordable homes, and “advance the beginnings of Canada’s preparations” for the 2026 joint review of the Canada-U.S.-Mexico Agreement (CUSMA) on free trade.