The Complete Brief
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January 30, 2026
SCC gives guidance on interpreting insurance contracts, interplay of endorsements & exclusions
Elaborating on how to interpret insurance contracts, the Supreme Court of Canada dismissed 7-2 the appeal of two homeowners who sought to compel their insurer to fully pay for rebuilding their flood-destroyed house, despite an exclusion for “compliance costs” and the ancillary exception that caps the compliance costs payout at $10,000 “for the increased cost of demolition, construction, or repair to comply with any law regulating the zoning, demolition, repair or construction of any insured buildings.”
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January 30, 2026
Federal Court dismisses proposed harassment class action for lack of jurisdiction
The Federal Court has dismissed a proposed negligence class action against an oil and gas company operating on First Nations land, finding it does not have jurisdiction over the claims of sexual harassment, physical assault and other grievances in the federal service context.
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January 30, 2026
Court rebukes Binance for renewed bid to revive barred arbitration in class action
Ontario’s Superior Court rebuked cryptocurrency platform Binance for attempting to revive arbitration against the representative plaintiffs in a certified class action against it, despite repeated rulings barring it from doing so.
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January 30, 2026
Feds giving New Brunswick funding for tenants’ rights program
Canada’s government is supporting a new initiative providing renters in New Brunswick with free legal advice and education in navigating their “housing challenges.”
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January 30, 2026
Is international law really law or just a script the powerful edit at will?
International law likes to enter the room wearing a tailored suit, speaking in solemn tones about order, peace and a rules-based world. It carries binders full of treaties, conventions, charters and resolutions from an era post 1945. It invokes history, morality and the collective will of nations. It sounds authoritative. It looks official. It insists it is law.
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January 30, 2026
Werbeski v. Werbeski: ONCA decision a reminder of principles of property division and child support
There are certain fundamental principles of family law practice in Ontario that are enshrined in the consciousness of family law practitioners. Two of these principles are set out in Werbeski v. Werbeski, 2026 ONSC 57. These are: (i) family property will be equalized between spouses at the time of separation absent unconscionable circumstances as set out in s. 5(6) of the Family Law Act and (ii) parents must pay support for their dependent children; no excuses.
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January 30, 2026
Pet project: What to do about furry friends in family court
Pets. Are the courts in a divorce action where both parties seek custody to treat them like children or property? The law in this area is all over the zoo. An Alberta judge, Douglas Mah, recently held in a case dealing with four cats that pets are to be treated like property, not kids. However, next door in B.C., the Family Law Act considers pets as family members, and the courts must determine who would best care for the pet.
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January 30, 2026
Legal career reflections: Three things I wish I had known 50 years ago
In 1975 I was a young and enthusiastic teacher in a progressive middle school in rural eastern Ontario. By then I had aggressively completed my bachelor’s degree at night school and summer school, once knocking off five full courses in one calendar year, the same as if I had been a full-time student. I had written both the LSAT (law) and the GMAT (business) entrance tests with flattering scores, with dreams of a career either in law or management. At the same time, my then school principal was mentoring me to become a principal, giving me more responsibilities and coaching toward becoming qualified. The world, it seemed, was my oyster.
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January 30, 2026
PBO: Extended EI benefits to cost $853M, minimal impact on EI premiums
Temporary measures extending Employment Insurance (EI) benefits by up to 20 weeks for long-tenured workers are expected to cost $853 million over five years, according to a legislative costing note released by the Parliamentary Budget Officer (PBO).
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January 30, 2026
Ontario court orders new law licence review for man who admitted to sexually abusing children
Ontario’s top court has ordered a new law licence assessment for a man who admitted to the sexual abuse of children, saying a fresh look is required to determine whether he is of the “good character” required of a lawyer.