Civil Litigation
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January 16, 2026
ABUSE OF LEGAL PROCEDURE OR PROCESS - Malicious prosecution - Want of reasonable and probable cause
Appeal by appellant from the dismissal of his civil action against the respondents. The civil action was for malicious prosecution, negligent investigation, misfeasance in public office, intentional infliction of emotional distress, and Canadian Charter of Rights and Freedoms damages. The appellant was the target of a corruption investigation known as Project Bar District.
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January 15, 2026
Federal Court upholds negative LMIA for trucking employer over recruitment failures
The Federal Court has upheld a negative labour market impact assessment (LMIA) issued by Employment and Social Development Canada (ESDC), finding that the employer failed to justify the need to hire a foreign transport truck driver or demonstrate reasonable efforts to recruit Canadians.
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January 15, 2026
Court finds judge erred in royalties determination relating to B.C. mine
In a dispute regarding a 1986 royalty agreement stemming from production at a B.C. mine, the British Columbia Court of Appeal has allowed an appeal finding the judge erred in his consideration of accounting evidence.
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January 15, 2026
Ontario protection order regime in need of urgent reform: law commission
A major law reform agency is saying that Ontario’s system for protection orders needs urgent reform to better prevent intimate partner and family violence in the province.
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January 15, 2026
The case for in-person appearances, part two
I have taught professionalism for years, starting at the old Bar Admission course, at two law schools and on an ad hoc basis to articling students and juniors. I tell all of them same thing on the first day: everything you need to know about professional responsibility can be summed up in two sentences.
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January 14, 2026
Federal Court approves $100,000 settlements for children of woman killed in boating accident
The Federal Court has approved a settlement under which two minors whose mother died in a boating collision will each receive about $100,000 in damages, resolving claims against the owners and operators of the vessels for loss of guidance, care and companionship, and loss of dependency and services.
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January 14, 2026
When a client claims their lawyer’s mistakes caused them losses
In Ontario, claims that a lawyer made an error in handling a client’s case are tested under the law of professional negligence. These claims are often referred to as “lawyer negligence” or “professional malpractice.” While clients may feel strongly that their lawyer’s conduct caused them harm, Ontario courts apply a structured and demanding legal test before holding a lawyer liable.
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January 14, 2026
Charter rights trump requirement to take oath of allegiance
The concept of taking an oath of allegiance can be traced back to medieval times when people took oaths of fealty to pledge loyalty or faithful service to a monarch or a lord. Today, it is not uncommon for immigrants seeking citizenship in a new country to be required to take an oath of allegiance or oath of citizenship. Professional regulatory bodies, such as law societies, may also obligate members to take an oath of allegiance in order to be admitted.
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January 14, 2026
NEGLIGENCE - Contributory negligence - Apportionment of liability - Water and flooding
Appeal by the Corporation of the City of Hamilton from the trial judgment awarding damages and injunctive relief to National Steel Car Limited. National’s property was periodically flooded for over 20 years due to wastewater overflow from the adjacent Kenilworth Avenue Drainage Channel, which was jointly owned by the City and ArcelorMittal Dofasco Inc.
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January 13, 2026
Supreme Court of Canada Justice Sheilah Martin to retire in May after eight years at top court
Supreme Court of Canada Justice Sheilah Martin, a former University of Calgary law dean and one of the apex court’s criminal and constitutional law experts, will retire May 30, 2026, after working at the high court for more than eight years.