Civil Litigation
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April 01, 2025
Alberta’s proposed auto insurance model creates system where ‘insurers call the shots,’ lawyer says
Alberta is proposing what it calls a “care-first” automobile insurance system aimed at moving away from court battles and providing more affordable coverage for drivers, but legal observers are saying it would take too many rights away and put too much power in the hands of insurance companies.
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April 01, 2025
When a three-way priority dispute ends in a tie
In Gore Mutual v. Dominion and Certas Home, 2024 ONSC 5239, Alyssia, at the age of 17, was an occupant of a vehicle insured by Certas that was involved in a single vehicle collision. Alyssia’s application for accident benefits triggered a priority dispute over whether she was principally financially dependent on either one of her parents, who were not married and no longer in a relationship.
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April 01, 2025
Lee Reid joins McDougall Gauley LLP
McDougall Gauley LLP has announced Lee Reid is joining the firm.
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April 01, 2025
LIENS - Right to lien - Lienable claims - By contractor or subcontractor - Improvements
Appeal by Xemex Contracting Inc. (Xemex) from chambers judge’s declaration that the lien Xemex filed against Aspen Properties (Northland Place) Ltd. (Aspen) was invalid. Xemex filed the lien for renovations Xemex completed on a leased property occupied by Koor Energy Ltd. (Koor).
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April 01, 2025
What 2024 taught us about trusts and estates litigation in Canada
As litigation in estates and trusts law continues to evolve, 2024 marked a significant year for Canadian courts. Several appellate decisions pushed the boundaries of existing doctrines while reinforcing core principles that define estate planning, administration and disputes. The legal landscape increasingly demands sharper attention to detail from lawyers and trustees alike, particularly around limitation periods, testamentary capacity, fiduciary obligations and procedural fairness.
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March 31, 2025
Court approves $30-million settlement in securities class action against cannabis firm Aphria
The Ontario Superior Court has approved a $30-million settlement in a securities class action against cannabis company Aphria Inc., stemming from allegations of misrepresentations regarding certain acquisitions that unfairly benefited company insiders at the expense of non-insider shareholders.
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March 31, 2025
Proposed national class action alleges Apple misled consumers about AI capabilities of iPhone 16
A Burnaby, B.C.-based law firm has launched a proposed national class-action lawsuit against tech giant Apple Inc. and its Markham, Ont.-based Canadian subsidiary, Apple Canada Inc., alleging the companies falsely advertised that their iPhone 16 has advanced artificial intelligence (AI) features that it does not actually possess.
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March 31, 2025
Judicial Council dismisses Barreau’s complaint; no sanction for sentencing judge’s ethical lapse
The Canadian Judicial Council (CJC) has dismissed a complaint from the Barreau du Québec against a sentencing judge who failed to meet judicial ethical standards in expressing from the bench his personal “disgust and contempt” for an offender and his crime.
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March 31, 2025
B.C.’s top court rules against Jehovah’s Witness congregations in religious privacy case
B.C.’s top court has ruled against two Jehovah’s Witness congregations who argued the province’s information protection legislation infringed their Charter-protected religious rights.
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March 31, 2025
Ontario auditor general warns of risks from uninspected drinking water systems
More than one-third of Ontario’s 1,816 small, non-municipal drinking water systems have gone uninspected for over five years, putting residents at risk of unsafe drinking water, according to a special report by Ontario’s auditor general.