2025 saw a significant statutory change and the long-awaited Supreme Court of Canada hearing of an appeal regarding the patentability of methods of medical treatment. The courts also considered due care in the context of...more
Two recent court decisions have brought renewed attention to the question of whether Aboriginal title can apply to privately owned (or “fee simple”) land. These cases provide different answers to this consequential question...more
In SS&C Technologies Canada Corporation v. Bank of New York Mellon Corporation, the Supreme Court of Canada is expected to provide national guidance on spoliation — the intentional destruction of relevant evidence to affect...more
Dans un arrêt publié le 28 novembre 2025, la Cour suprême du Canada (la « CSC ») a confirmé que le critère à deux étapes relatif à un « changement important » en vertu de la Loi sur les valeurs mobilières de l’Ontario (la «...more
The Supreme Court of Canada has released its much-anticipated decision in Lundin Mining Corp. v. Markowich, 2025 SCC 39, clarifying the definition of a "material change" under securities law and providing guidance on when a...more
In Lundin Mining Corp. v. Markowich, 2025 SCC 39, the Supreme Court of Canada (“Supreme Court”) provided notable guidance on the concept of “material change,” which sets the threshold for timely disclosure. The decision...more
In a decision released on November 28, 2025, the Supreme Court of Canada reaffirmed that the two-step test for a “material change” under Ontario’s Securities Act (Act) governs timely disclosure, and rejected a narrower...more
With its much anticipated decision in Lundin Mining Corp. v Markowich, the Supreme Court of Canada (SCC) has weighed in on the distinction between “material fact” and “material change” under Canadian securities laws, offering...more
Introduction - Arbitration is an inherently flexible mechanism that allows parties, by agreement, to create a bespoke process that suits their preferences and circumstances. However, drafting errors often lead to disputes...more
There is a welcoming trend in family law, namely one where the courts are using tort law to address acts of family violence. In Canada, the legislation governing family law addresses issues like separation, divorce,...more
On September 18, 2025, the Supreme Court of Canada declined leave to appeal with respect to two high-profile arbitration cases. First, the Supreme Court dismissed the application for leave to appeal in United Mexican...more
On August 11, 2025, the Court of Appeal for Saskatchewan (SKCA) released a major decision about section 33 of the Canadian Charter of Rights and Freedoms (Charter), which is colloquially referred to as the “notwithstanding”...more
In Sinclair v. Venezia Turismo (Sinclair), the Supreme Court of Canada (SCC) clarified when Canadian courts can assume jurisdiction over international or interprovincial disputes. A contract made in a Canadian province and...more
In Opsis Airport Services Inc. v. Quebec (Attorney General), 2025 SCC 17 (Opsis), the Supreme Court of Canada (SCC) held that a statute can be declared constitutionally inapplicable to an enterprise carrying on activities...more
The inclusion of limitation and exclusion of liability clauses in contracts entered into in Quebec requires an understanding of civil law and public order restrictions. Since the Supreme Court of Canada (SCC) ruling in...more
Dans l’affaire Opsis Services aéroportuaires inc. c. Québec (Procureur général) (l’« affaire Opsis »), la Cour suprême du Canada (la « CSC ») a statué que la doctrine de l’exclusivité des compétences demeure une composante...more
In Opsis Airport Services Inc. v. Quebec (Attorney General) (Opsis), the Supreme Court of Canada (SCC) affirmed that the doctrine of interjurisdictional immunity (IJI) remains an essential feature of Canada’s federal...more
We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to...more
In the recent case of Sandhu v Mangat, 2025 BCCA 34, the BC Supreme Court shed some light on the scope of parenting coordinators’ (PC) jurisdiction and section 7 expenses relating to ‘special or extraordinary expenses’ under...more
The Supreme Court of Canada (SCC) has endorsed the constitutionality of British Columbia (BC) legislation empowering the province to seek recovery of opioid epidemic healthcare costs in a proposed class action brought on...more
The Supreme Court of Canada (SCC) is set to issue its decision in Lundin Mining Corporation v Dov Markowich (Markowich). This highly anticipated SCC decision regarding disclosure obligations could alter the landscape for...more
Recent Canadian case law is reshaping how legal drafters should approach contractual clauses. Key decisions, including rulings from the Supreme Court of Canada and appellate courts in British Columbia, Alberta, Ontario and...more
Les tiers qui exercent des activités de publicité politique en Ontario devraient s’attendre à des changements dans l’avenir, la Cour suprême du Canada (la « CSC ») ayant rendu sa décision dans le cadre de la contestation...more
More changes are coming for third parties looking to engage in Ontario elections, after the Supreme Court of Canada (SCC) settled the constitutional challenge to the province’s third-party pre-election political advertising...more