Civil Litigation
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April 22, 2026
Relocation law is stacked against mothers — Bill C-223 can fix it
Lucy is a 10-year-old child who spends most of her time in the care of her mother but also spends significant time with her father. Lucy’s mother just got a job across the province and asks the court to authorize the relocation of the child. The father objects.
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April 22, 2026
Nova Scotia failed to consider impact of 2025 woods ban on rights: lawyer
People’s constitutional rights “cannot be ignored by government decision-makers — period,” says the lawyer of a man ticketed during Nova Scotia’s controversial woods ban. That man, Jeffrey Evely, was the face of the Supreme Court of Nova Scotia’s April 17 ruling in Evely v. Nova Scotia (Minister of Natural Resources), 2026 NSSC 118, in which it was found the province failed to consider people’s Charter-protected mobility rights when it prohibited them from entering forested areas for a period last summer.
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April 22, 2026
What can happen when flawed young lawyers meet AI
Vicky was my associate many years ago. She was bright and ambitious. She wanted to learn and she worked hard. If you taught Vicky how to do something once, she would get it right every time after that. But Vicky had a flaw.
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April 22, 2026
Viable claim in civil conspiracy requires more than a franchise relationship
Ontario appellate courts continue to hold that civil conspiracy claims cannot be used to circumvent corporate separateness. In Cervantes v. Pizza Nova Take Out Ltd., 2026 ONSC 713 (Cervantes), the Ontario Divisional Court reaffirmed that an agreement is the core element of a civil conspiracy claim.
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April 21, 2026
B.C. law society benchers tackle finances, AI at April meeting
It was all about numbers and AI at the most recent meeting of Law Society of British Columbia (LSBC) benchers. Benchers reviewed and approved the law society’s 2025 audited year-end financial report at their April 17 meeting, which showed a deficit in the LSBC general fund of $3.85 million, lower than the $4.6-million deficit projected when setting the 2026 budget.
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April 21, 2026
Contractual interpretation and the earn-out dispute
A lot has been written about the Project Freeway Inc. v. ABC Technologies Inc., 2025 ONCA 855 case since the Ontario Court of Appeal rendered its decision in December 2025 dismissing the appeal of Justice Jana Steele’s trial decision in the matter.
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April 21, 2026
CORPORATIONS - Oppression remedy
Appeal by appellants and several related corporate entities from a chambers decision. The decision refused to vary a Mareva injunction to permit release of restrained funds for additional living expenses and to pay previously incurred legal fees.
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April 20, 2026
Federal Court of Appeal rules surgical gloves not ‘for use in’ scalpels, denies tariff relief
The Federal Court of Appeal has ruled that surgical gloves do not qualify for duty-free import under a tariff provision covering goods “for use in” surgical instruments, rejecting a Canadian International Trade Tribunal (CITT) finding that they were sufficiently connected to scalpels in surgical use.
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April 20, 2026
New OBA campaign brings rule of law understanding to public
This month, the Ontario Bar Association (OBA) launched its Rule of Law campaign in which local lawyers host discussions in their communities to help the public better understand the rule of law and its everyday importance to democracy.
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April 20, 2026
Ontario Court of Appeal says lower-paying replacement work counts in mitigation
The Ontario Court of Appeal has now made clear that income earned during the notice period will generally reduce wrongful dismissal damages, even where the replacement job is lower paying or lower ranking.