Civil Litigation
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April 17, 2026
Officers of the court: First line of defence in catching fake cases, fabricated quotations
Almost three years ago, the decision of the U.S. District Court for the Southern District of New York in Mata v. Avianca, Inc., 2023 U.S. Dist. LEXIS 108263 made sensational worldwide headlines as one of the first cases to penalize lawyers for the use of fake cases generated by ChatGPT in their legal briefs.
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April 17, 2026
The case for in-person court attendances
My friend Steve Benmor made some excellent arguments recently in favour of Zoom attendances on motions (The Zoom paradox: When a judge’s words and his court’s actions collide). He backs it up by quoting the extremely persuasive comments of Justice Fred Myers of the Ontario Superior Court of Justice. I recognize and respect their arguments but let me address a couple of matters not addressed in their submissions on this issue.
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April 16, 2026
Indigenous leaders object to ‘one project, one review’ agreement between Manitoba, Ottawa
First Nations leaders in Manitoba are claiming to have been wrongly left out of an agreement between the province and Ottawa designed to accelerate assessments of how development projects will impact the environment.
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April 16, 2026
Court upholds finding that potato-processing tech does not infringe McCain patent
The Federal Court of Appeal has upheld a decision that the use of pulsed electric field (PEF) technology to treat potatoes before cutting does not infringe a McCain Foods patent covering “high electric fields” used to reduce resistance in fruits and vegetables.
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April 16, 2026
The Zoom paradox: When a judge’s words and his court’s actions collide
There is something deeply ironic unfolding within Ontario’s family court system — an irony that cuts to the heart of what access to justice actually means in practice.
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April 16, 2026
Court allows leave to appeal in foreclosure case regarding privileged legal accounts
The British Columbia Court of Appeal has granted leave to appeal in a case requiring a lender to produce its legal bills for a costs assessment in a foreclosure dispute, saying the case raises important and unresolved questions about privilege and redemption rights.
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April 15, 2026
Manitoba giving more money for child and family services
Manitoba’s government is providing millions in additional funding to child and family welfare services in the province.
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April 15, 2026
Tax appeals held in abeyance don’t justify enhanced costs for Crown: court
The Federal Court of Appeal has rejected the Crown’s bid for enhanced costs in a tax case, dismissing its reliance on other appeals held in abeyance and ruling that only the amounts and parties directly before the court were relevant to the costs award.
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April 15, 2026
Tax Court broadens CEWS revenue test in Ratti v. The King
During the pandemic, the government provided various forms of financial support to Canadian individuals and businesses. One of the more widely known is the Canada Emergency Response Benefit (CERB) for individuals, governed by the Canada Emergency Response Benefit Act, S.C. 2020, c. 5, s. 8. The subsequent Canada Recovery Benefit (CRB) was somewhat of an extension of CERB and again provided support to individuals pursuant to the Canada Recovery Benefits Act, S.C. 2020, c. 12, s. 2.
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April 15, 2026
B.C. bar president says UNDRIP law implementation must be transparent, protect court access
As B.C. contemplates making changes to its landmark Indigenous relations law, the president of the province’s bar association is affirming her organization’s support for the legislation and is calling on the government to be transparent in its implementation. In a statement issued April 14, Canadian Bar Association British Columbia Branch (CBABC) president Patricia Blair called the Declaration on the Rights of Indigenous Peoples Act (DRIPA), which mandates the B.C. government to bring provincial laws into alignment with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), the cornerstone of British Columbia’s commitment to reconciliation.