Civil Litigation
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June 17, 2025
CBA backs constitutional amendment to constrain federal use of Charter’s ‘notwithstanding’ clause
In a rare move, the Canadian Bar Association (CBA) has thrown its support behind a Senate public bill (S-218), which proposes a constitutional amendment to restrict and structure the discretion of the federal government to breach Charter rights via the contentious s. 33 “notwithstanding” clause.
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June 17, 2025
$11-million proposed settlement reached in securities class action
Quebec company Lightspeed Commerce Inc. has announced that it has reached an $11-million proposed settlement in a securities class action against it.
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June 17, 2025
Ontario faces $30M class action over alleged mass abuse at Maplehurst jail
Ontario is facing a $30-million proposed class action over allegations that nearly 200 inmates at a correctional facility were subjected to illegal strip searches and systematic violence as collective punishment for an individual inmate assaulting a guard.
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June 17, 2025
CIVIL PROCEDURE - Service - Substituted - Disposition without trial - Dismissal of action - Action unfounded in law
Appeal by appellant Kidd from chambers judge’s decision regarding substitutional service and cross-appeal by Osadchuk challenging the chambers judge’s decision that other service attempts were ineffective.
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June 17, 2025
Proposed $7M settlement reached in RBC duplicative NSF fee class action
A proposed $7.05-million settlement has been announced in an ongoing class action against Royal Bank of Canada relating to alleged charging of multiple non-sufficient funds (NSF) fees on an attempted transaction.
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June 17, 2025
When parents clash over facts, the child’s voice tips the scale
In high-conflict parenting disputes, the courtroom often becomes the stage for two sharply divergent narratives. Each parent casts themselves as the stable caregiver and paints the other as unsafe or unfit. But when a child is old enough to meaningfully express their own perspective, the courts are increasingly turning to one crucial piece of evidence to cut through the fog: the Voice of the Child Report (VOC).
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June 17, 2025
23andMe data breach a ‘cautionary tale’ for all organizations, warns OPC
The Office of the Privacy Commissioner of Canada (OPC) has warned that the global data breach at 23andMe serves as a “cautionary tale for all organizations about the importance of data protection in an era of growing cyberthreats.”
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June 17, 2025
Capacity: No one test to rule them all
Ontario’s Rules of Professional Conduct require lawyers to turn their minds to their clients’ capacity throughout the retainer. However, determining capacity is often much more complex than it initially appears.
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June 17, 2025
The importance of a well-drafted confidentiality clause, and the dangers of AI
A recent US$3.1-million award by a Florida jury in favour of Pliteq, Inc. (Pliteq, Inc. v. Mostafa, 2025 U.S. Dist. LEXIS 60316), a Canadian international engineering services and manufacturing enterprise, against a high-ranking Dubai-based employee who stole trade secrets demonstrates that — despite cross-border tensions — Donald Trump’s America may still be a favourable place for Canadian businesses to seek and obtain justice.
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June 16, 2025
Canadian IP Office advances online tools, cuts application backlog: report
The Canadian Intellectual Property Office (CIPO) has tabled its 2023–2024 annual report in Parliament noting progress it made in that fiscal year, including developing over 200 online intellectual property (IP) tools.