Civil Litigation
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November 21, 2025
New Brunswick Court of Appeal confirms modern approach to the ‘armchair rule’
In Canada, there is somewhat of a divide when it comes to the armchair rule. When interpreting a will in some provinces, including Ontario and Manitoba, it is now the norm for courts to apply the armchair rule at the outset, even if a will is not patently ambiguous, and consider surrounding circumstances that existed when the will was made. Interpreting a will this way is often referred to as the modern approach to the armchair rule.
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November 21, 2025
Kitties in court: Like herding cats
It was the best of times, it was the worst of times. It was a time to growl, it was a time to purr. It was a time to bark, it was a time to hiss. No, this story is not about the Toronto Blue Jays. Let’s start with Istanbul, Turkey.
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November 21, 2025
Ontario’s impaired-driving restitution proposal: Legal and policy challenges ahead
As reported by Law360 Canada, the Ontario government is exploring a new measure that would require impaired drivers who kill a parent or guardian in a motor vehicle accident to make ongoing financial support payments to the victim’s surviving children. The idea mirrors Bentley’s Law in Texas, enacted in 2023, which mandates long-term restitution — essentially child support — whenever an impaired driver is convicted of what Texas law refers to as “intoxication manslaughter” (the Canadian analogue most closely maps to “Impaired Operation Causing Death” under s. 320.14(3) of the Criminal Code).
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November 21, 2025
CIVIL PROCEDURE - Parties - Class or representative actions - Certification - Common interests and issues
Appeal by appellants from decision of the motion judge rejecting their motion for certification. The appellants alleged that for decades, many young players in major junior hockey leagues endured serious abuse.
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November 20, 2025
Saskatchewan proposes changes to animal protection legislation
Saskatchewan has introduced new animal protection legislation in a bid to better address suffering, set a code of conduct for animal welfare officers and further educate both the public and those in the livestock industry.
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November 20, 2025
Ontario Superior Court rules delayed medical malpractice case can move forward
The Ontario Superior Court has ruled that a delayed medical malpractice lawsuit over the death of a patient can proceed, finding that plaintiffs had adequately explained procedural delays and that the case was ready to be set down for trial following mediation.
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November 20, 2025
Canadian law firms integrate with DWF
Whitelaw Twining, a litigation law firm and Barnescraig & Associates, an insurance claims management and adjusting business, have united with DWF, a global legal and business services firm.
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November 20, 2025
Ontario Superior Court issues AI guidelines for civil, family cases
The Ontario Superior Court has published new artificial intelligence (AI) practice directions for both civil and family law proceedings.
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November 20, 2025
Do letters of intent fall outside the principle of good faith?
The principle of good faith in Canada includes an obligation to perform contractual obligations honestly and to exercise any discretion under the agreement in a reasonable manner, consistent with the purposes for which the discretion was granted. (See Bhasin v. Hrynew, 2014 SCC 71; C.M. Callow v. Zollinger, 2020 SCC 45; Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7.)
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November 20, 2025
Real estate agreements of purchase and sale: Beware HST provisions
In a real estate transaction, buyers and sellers often haggle over the purchase price of a property. While the buyer will want to pay as little as possible for a property, a seller will want to maximize their return.