Civil Litigation
-
January 21, 2026
More on civil conduct during mediation, arbitration
Alternate dispute resolution continues to grow in popularity in family law matters. The reasons are well known: avoiding delay, choosing your “judge,” and the avoidance of multiple expensive procedures within the court system that may not lead to resolution. However, with this trend comes a number of real concerns.
-
January 21, 2026
Billable hours, client trauma and vicarious stress in legal practice
Lawyers who live in a billable-hour world know that time is money, but for those working with traumatic subject matter, time equals exposure. The more hours spent inside a client’s worst days, the more likely it is that the work follows you home at night.
-
January 20, 2026
B.C. court finds retroactive share repurchase at low valuation unfair to former employees
The B.C. Supreme Court has held that the retroactive amendment and application of shareholder agreements to compel the repurchase of shares held by former employees under a stock option plan was unfairly prejudicial, and ordered the company to pay more than US$100,000 in compensation.
-
January 20, 2026
Establishing gifts and excluded assets in family law: The Court of Appeal weighs in
The Ontario Court of Appeal recently released its reasons for decision in the matter of Lau v. Tao, 2025 ONCA 819, an appeal addressing a series of property-related disputes arising from the breakdown of the parties’ marriage. The decision addresses intergenerational gifts and trusts in the context of equalization under Ontario’s Family Law Act.
-
January 20, 2026
Devry Smith Frank adds associate David Cooper
Devry Smith Frank LLP (DSF) has welcomed David Cooper as an associate in its collections and mortgage recovery and commercial litigation groups.
-
January 19, 2026
Federal Court clarifies leave requirement for new evidence in trademark appeals
The appellant appeals from a decision of the Trademarks Opposition Board, refusing its application for registration of the trademark FILTER DESIGN. The FILTER DESIGN trademark consists of the “positioning of a sign” in the form of a pattern of diamond-shaped apertures on the surface of certain air filters. The board refused the application on grounds that the diamond-shaped apertures were dictated primarily by a utilitarian function, and the trademark was unregistrable pursuant to subsection 12(2) of the Trademarks Act (Products Unlimited, Inc. v. Five Seasons Comfort Limited, 2026 FC 48).
-
January 19, 2026
Court rejects union appeal over arbitrator’s preliminary jurisdiction ruling
The Alberta Court of Appeal has denied a union leave to appeal an Alberta Labour Relations Board ruling that an arbitrator’s decision on jurisdiction over grievances brought by Sobeys was preliminary and not yet reviewable by the board.
-
January 19, 2026
When will parental alienation lead to reduced child support?
When does a parent’s deliberate obstruction of court-ordered parenting time justify the cancellation or reduction of child support? That question was addressed by the Supreme Court of British Columbia in K.A.N. v. N.L., 2025 BCSC 2477.
-
January 19, 2026
What estate litigators can expect in 2026
2025 marked significant updates in estate litigation, introducing key reforms for practitioners. Changes to Estate Forms under Rules 74, 74.1 and 75 of the Rules of Civil Procedure, which took effect mid-August to simplify probate applications, will remain active into 2026. A notable Ontario Superior Court ruling in Mavalwala Estate v. Fast, 2025 ONSC 4100 confirmed that only physically executed wills are valid, and that electronic drafts are not valid. There have also been discussions regarding the changes to the Rules, which started in 2025 and will be implemented in 2026.
-
January 19, 2026
B.C. Appeal Court upholds tax on foreign real estate buyers
B.C.’s top court has ruled the province’s so-called “foreign buyer’s tax” for certain real estate sales is payable on the whole transaction when any transferee is a foreign entity or taxable trustee.