Civil Litigation
-
June 03, 2025
Beware the nuances of probationary employment
Probationary periods of employment are nothing new, but employers who fail to grasp the nuances involved can face significant legal consequences.
-
June 02, 2025
Prime Minister Carney taps Montreal lawyers for key roles in PMO
Prime Minister Mark Carney has hired prominent Montreal lawyer Marc-André Blanchard, the former chair and CEO of McCarthy Tétrault LLP, as his chief of staff, while ex-federal justice minister David Lametti, counsel with Montreal’s Fasken, is also taking on senior responsibilities in the new Prime Minister’s Office (PMO), according to media reports.
-
June 02, 2025
B.C. ostrich farm refuses to depopulate flock for avian flu
The Canadian Food Inspection Agency (CFIA) has announced that a B.C. farm that has also been subject to litigation continues to refuse to depopulate its ostriches despite orders. The agency has been collaborating with the poultry industry to place controls to protect animal health in response to highly pathogenic avian influenza (HPAI) since 2021.
-
June 02, 2025
Court allows new claims on privacy in period tracker app class action
The British Columbia Supreme Court has certified additional common issues regarding breach of contract and disgorgement in a national class action against a company operating a menstrual health app for alleged breaches of privacy rights.
-
June 02, 2025
BMW awarded $190K in costs in dismissed engine defect class action
BMW has been awarded $190,000 in costs for a dismissed class action that sought damages in relation to alleged defects in the engines of certain BMW vehicles with model years from 2012 to 2015.
-
June 02, 2025
ACTS OF BANKRUPTCY - Ceasing to meet liabilities - Fraudulent preferences, conveyances or transactions
Appeal by appellant against an order denying its application for an order enabling it to assert Higgerty Law’s lien rights and stop interest accrual for all creditors in the receivership.
-
June 02, 2025
Guarantees and summary judgment: Court reviews important considerations
In Royal Bank of Canada v. HI & DQ’s Foods Inc., 2025 ONSC 2774, the Ontario Superior Court of Justice addressed several issues relating to personal guarantees in commercial lending. The decision confirms that summary judgment can be appropriate in a claim against a guarantor and clarifies the limited scope of fiduciary duties owed by financial institutions, the responsibilities of corporate directors acting as guarantors, and the narrow availability of the defence of non est factum.
-
June 02, 2025
Clear as mud? Ontario courts provide context regarding waiver of OBCA dissent rights
In the context of shareholders’ agreements, contracting parties may waive their statutory dissent rights afforded under the Business Corporations Act (Ontario) (OBCA). In order for the waiver to be enforceable it must be made with clear and direct language.
-
May 30, 2025
SCC rules Quebec licensing law does not apply to firms providing airport, maritime private security
In a judgment that turns on the application of the constitutional doctrine of interjurisdictional immunity, the Supreme Court of Canada has ruled 9-0 that Quebec’s Private Security Act (PSA) does not apply to two companies that engage in airport and marine port security in the province because the Quebec law impairs activities at the core of exclusive federal jurisdiction over aeronautics, navigation and shipping.
-
May 30, 2025
Langlois expands litigation team with new partner Élie Tremblay
Langlois has announced the addition of Élie Tremblay as a partner in its litigation group.