Civil Litigation
-
May 30, 2025
Alberta’s transgender health care law called ‘unprecedented restriction on medical practice’
The organization representing Canada’s physicians is suing the province of Alberta over a controversial law banning gender-affirming care for minors, saying the legislation infringes on their constitutional rights by denying them the right to provide medical treatment.
-
May 30, 2025
Can a will altered by someone other than the deceased be validated?
The will validation power is a potent tool, empowering the courts to save testamentary documents that do not comply with the statutory formalities of execution applicable to wills. However, the will validation power does not place any restrictions on who can create a non-compliant instrument for the deceased — validation is not limited to instruments created or altered by the deceased or their lawyer.
-
May 30, 2025
N.L. accepting grant proposals for violence prevention program
The government of Newfoundland and Labrador is inviting proposals for its 2025 Community Violence Prevention Grants Program.
-
May 30, 2025
Canada might not be for sale ... but is Ontario?
Ontario Premier Doug Ford campaigned on a tough response to Trump’s bullying, but now that he has his new mandate, it sure looks to me like he is adopting the president’s authoritarian playbook. That should be no surprise, since he frequently expressed admiration for the Donald before the latter declared a trade war.
-
May 29, 2025
Carney says CIT ruling that certain Trump tariffs on Canada are illegal accords with Ottawa’s view
Prime Minister Mark Carney welcomed yesterday’s now-paused U.S. Court of International Trade (CIT) ruling that set aside the Trump administration’s recent imposition of certain hefty tariffs on goods from Canada and other countries.
-
May 29, 2025
Court dismisses action for no genuine issues related to joint venture
The British Columbia Supreme Court has dismissed a lawsuit involving alleged breaches of a joint venture agreement, ruling that there were no genuine issues requiring a trial.
-
May 29, 2025
B.C. Court of Appeal decision offers clarity on assessing injunctions in nuisance cases
In a nuisance complaint over a village gas station in British Columbia’s West Kootenays, the B.C. Court of Appeal has ruled that a trial judge erred by failing to properly consider a permanent injunction — but upheld her decision to grant only damages due to mitigating factors.
-
May 29, 2025
B.C. court: ITA no bar to refund of tax overpayments per court-ordered priorities
The British Columbia Court of Appeal has held that tax overpayments from a foreclosure sale remain subject to the priorities in the sale order, rejecting the CRA’s argument that such funds can only be refunded to the taxpayer.
-
May 29, 2025
Is it a rabbit or a duck? Why lawyers must be storytellers
Every lawyer has been there. We have laid out the facts. We have cited the law. We have prepared what we believe is a clear and persuasive argument. And yet the court saw something else — something that seems, at first glance, unrecognizable.
-
May 29, 2025
Judge blows the cap on retroactive child support
Not every case has such juicy facts like those in Jansen v. DiCecco, 2025 ONCJ 189, in which a father was ordered to pay $899,811 forthwith in back child support for 22 years.