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A common misconception in criminal proceedings is that any communications between an accused and their spouse cannot be used against them.

On January 1, 2021, the amendments to the Rules of Civil Procedure pursuant to O. Reg. 689/20 will take effect.

The Supreme Court of Canada has confirmed that under British Columbia law finance companies may be vicariously liable for motor vehicle accidents when they finance a consumer’s acquisition of a motor vehicle through a lease with an option to purchase instead of a contract of conditional sale Transportaction Lease Systems Inc. v. Jennifer Yeung, 2007 SCC 45.

The Supreme Court of Canada has unanimously confirmed a constitutional guarantee of judicial review for administrative decisions, marking a landmark moment in Canadian public law. In Democracy Watch v. Canada (Attorney General), the Court ruled that privative clauses cannot exclude judicial review of the legality of any aspect of administrative decisions, reinforcing the rule of law and the constitutional role of courts. The decision clarifies that while legislatures may limit certain aspects of judicial re

The Supreme Court of British Columbia has ruled that video surveillance evidence obtained after defence counsel improperly shared a plaintiff's confidential mediation brief with private investigators must be excluded from trial. This decision reinforces the fundamental principle that settlement negotiation privilege protects parties engaging in good faith mediation, and violations of this privilege will result in strict exclusionary remedies to preserve the integrity of the settlement process.

The government of British Columbia has announced its ambition to sue a wide range of companies—including social media operators, vaping product manufacturers, and makers...

Yesterday, I blogged about motions to dismiss an application for delay. Today, I will discuss the recent decision in Estate of Angela Sebanc v Peter Sebanc, released on May 8, 2024...

Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on April 4, 2024.

Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on August 15, 2024.

Each week, we'll be providing a short blog post that summarizes some of the upcoming cases and gives a prediction of the probability that leave will be granted.

It is a fact of life in the modern world that manufacturers and distributors of products often do business in multiple jurisdictions, across multiple borders

Ontario courts maintain a high threshold for challenging international arbitral awards, but recent decisions reveal when they will intervene. Two contrasting cases involving Mexico demonstrate the narrow circumstances...

As summarized in our periodically-updated post regarding appellate courts' responses to COVID-19, certain courts are using written "hearings" as an alternative hearing format during the...

A Certificate of Pending Litigation (CPL) is a common remedy used by a party claiming an interest in real property. Once registered on title, a CPL puts prospective purchasers and other parties dealing with the property on notice that an interest in the property is being claimed adverse to the registered owner.

The Canada Revenue Agency possesses extraordinarily broad collection powers when it comes to unremitted GST/HST, even while taxpayer appeals remain pending before the Tax Court of Canada. A recent TCC decision reveals the stark limitations on judicial intervention in CRA collection activities and highlights critical differences between GST/HST and income tax collection mechanisms. Understanding these distinctions proves essential for taxpayers facing GST/HST assessments, as the window for effective legal in

The Court of Appeal of Québec recently enforced an international arbitration clause despite its use of permissive rather than mandatory language. This decision clarifies how Canadian courts interpret dispute resolution clauses in cross-border commercial agreements, particularly when parties use imperfect wording like "may" instead of "shall." The ruling emphasizes that courts will look beyond literal language to the broader context and intent of international parties seeking legal certainty through arb

International arbitration is premised on a simple but powerful idea: parties who agree to arbitrate their disputes should be able to rely on the outcome and enforce the decision without opening the door...

In an important decision, the Ontario Court of Appeal has recently (a) clarified the scope of prospectus disclosure, (b) established that forecasts in prospectus need not necessarily be objectively reasonable, and (c) reinforced the legitimacy and application of the business judgment rule.