Civil Litigation
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June 25, 2025
Court of Appeal finds judge misinterpreted civil rules, overturns dismissal of wind turbine lawsuit
A motion judge was unreasonable when she dismissed a self-represented couple’s legal action against a wind turbine operator for “inordinate and inexcusable delay,” the Ontario Court of Appeal has found.
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June 25, 2025
Court dismisses real estate company’s motion to stay receivership order
The Ontario Court of Appeal has dismissed a motion to stay a receivership order stemming from the Ontario Securities Commission’s investigation into companies in the real estate business.
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June 25, 2025
Stewart McKelvey welcomes two new lawyers to Charlottetown office
Stewart McKelvey has welcomed Emma Halliday and Emma Jean Griffin as associates in its Charlottetown office.
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June 25, 2025
B.C. Court of Appeal upholds trial judge’s findings on liability, causation and damages
The case of Dynamic Air Solutions Ltd. v. Yu, 2025 BCCA 91 arose from a motorcycle accident in which the plaintiff, Yi Hao Yu, collided with the open door of a truck parked in the curb lane. The trial judge found both Yu and the truck driver, Chan Wai Chan, equally at fault and awarded Yu $413,000 in damages, split fifty-fifty. Both parties appealed the apportionment of liability.
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June 25, 2025
Substantial estate law compliance in Ontario: The sequel
I once wrote about Ontario’s topical “validating” provision — s. 21.1 of the Succession Law Reform Act (SLRA) — and whether it might risk “emboldening those seeking self-help remedies.” That was in November 2023. More than a year later, the case law has continued to evolve on this provision, and I feel there is wisdom in revisiting it.
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June 25, 2025
CIVIL PROCEDURE - Disposition without trial - Dismissal of action - Action unfounded in law
Appeal by Stockford against a decision dismissing his action, and motion by respondent Enbridge Inc. to dismiss appellant’s appeal.
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June 24, 2025
Ontario court rejects hospital liability in abuse case
Ontario’s top court has turned back a lawsuit from a man claiming a hospital was liable for historic sexual abuse he suffered at the hands of a doctor who ran an alternative education program on its grounds.
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June 24, 2025
Nova Scotia court confirms ‘some basis in fact’ standard for class action certification evidence
The evidentiary burden to certify a class action remains low, but the “some basis in fact” standard must still be satisfied through admissible evidence, the Nova Scotia Supreme Court has confirmed.
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June 24, 2025
N.S. court denies leave to appeal certification of class action related to COVID-19 deaths
The Nova Scotia Court of Appeal has denied a care home’s leave to appeal for an interlocutory certification order of a class action. The home argued that the judge incorrectly applied the test to certify common issues in a case where over 50 residents died at its facility due to COVID-19 exposure.
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June 24, 2025
Ontario court certifies negligence class action against Smith & Wesson over Danforth shooting
The Ontario Court of Appeal has certified a class action against Smith & Wesson over allegations that the gun manufacturer was negligent in failing to implement technology to prevent unauthorized use of the gun used in a 2018 mass shooting in Toronto.