Personal Injury
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February 12, 2026
‘Distemper of our times’ calls for judges to balance restraint with principled ‘bold action’: CJ Joyal
“Bold” but “properly calibrated” judicial action, rather than reflexive judicial reticence and reserve, is sometimes necessary to preserve public confidence in the justice system — a confidence on which the foundational principle of judicial independence depends, says Manitoba Court of King’s Bench Chief Justice Glenn Joyal.
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February 12, 2026
Ontario Court of Appeal calling for papers to honour late Justice Bertha Wilson
The Ontario Court of Appeal is calling for papers to mark the 50th anniversary of the late Bertha Wilson’s appointment to the court as part of a symposium honouring the woman who went on to become Canada’s first female Supreme Court justice.
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February 11, 2026
Court dismisses appeal for defendant hockey leagues to cross-examine before certification
The British Columbia Court of Appeal has dismissed an appeal by various hockey leagues seeking to conduct cross-examinations at the pre-certification stage of a proposed class action against them.
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February 11, 2026
The new accountability: Why process is becoming a professional requirement in negotiation
For decades, negotiation remained the “black box” of legal work. While research became transparent and file management became auditable, negotiation stayed insulated behind “instinct” and “professional judgment.” Those things mattered — and still do — but they were hard to explain, document and audit. That insulation used to be acceptable.
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February 10, 2026
Federal listing of plastic manufactured items as ‘toxic’ may soon land on top court’s steps
The Federal Court of Appeal’s recent judgment that Ottawa reasonably added plastic manufactured items to the federal list of “toxic” substances in Schedule 1 of the Canadian Environmental Protection Act (CEPA), enabling the regulation of single-use plastics under s. 93 of the Act, may soon head to the Supreme Court of Canada.
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February 10, 2026
Recent developments in Canadian class action law: Q4 2025, part two
As we discussed in the first article (see below for link) of this two-part series, the final quarter of 2025 marked notable developments in Canadian class action law, with courts continuing to refine the boundaries of certification and leave across securities, consumer protection and privacy class actions in eight important decisions. We covered three of the eight key decisions from the Supreme Courts of Canada, Ontario and British Columbia in the first article, and we will now discuss the remaining five.
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February 04, 2026
Alberta seeking greater role in judicial appointments, threatens to withhold funding for judges
Alberta Premier Danielle Smith is asking the federal government for a greater say in judicial appointments and has threatened to withdraw funding to support any new judicial appointments in the province unless a more collaborative process is set up. In an open letter to Prime Minister Mark Carney, Smith also said Ottawa needs to relax bilingualism requirements for judicial appointments “that do not reflect Canada’s broader linguistic diversity in Western Canada and alienates Albertans and western Canadians alike.”
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February 04, 2026
CIVIL PROCEDURE - Appeals - Grounds for review - Misapprehension of or failure to consider evidence
Appeal by Lungu from chambers judge’s summary dismissal of her negligence claims. This appeal arose from a medical malpractice action involving a trigger point needling treatment performed by Dr. Cabrita, a medical doctor specializing in physiatry. Lungu alleged that Dr. Cabrita performed the trigger point needling treatment without her informed consent and pierced and destroyed her bones with the needles, causing disabling and permanent pain.
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February 03, 2026
Labour board’s view that worker’s comments weren’t ‘sexual harassment’ was unreasonable: FCA
The Federal Court of Appeal has ruled that a longtime WestJet employee’s persistent unwelcome comments, which had sexual undertones, were “sexual harassment” that could possibly justify his termination, notwithstanding that the labour board below made findings that none of his intrusive comments to his female coworkers were “sexual in nature or intent” and that no one interpreted his comments in a sexual manner.
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February 03, 2026
The open court principle versus reputational loss
The open court principle is a powerful doctrine that has been inextricably linked to the rights guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms. The principle permits public access to information about the court, which, in turn, fosters the public to discuss, opine and criticize court practices and proceedings. As well, the principle permits members of the public to obtain information about the courts and the cases that are heard by them.