Canada’s online legal magazine.

Archive for February, 2026

Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. SOQUIJ | Le Blogue 2. Employment & Human Rights Law in Canada 3. Civil Resolution Tribunal blog 4. Canadian occupational health & safety law 5. Eloise Gratton

SOQUIJ | Le Blogue
L’usage du téléphone cellulaire à l’origine d’une maladie professionnelle

Le télétravail et les outils numériques

. . . [more]
Posted in: Monday’s Mix

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) : Selon l’approche souple et modulée appliquée par le juge, celui-ci avait raison de conclure que le délai postérieur à la déclaration de culpabilité de l’accusé n’était pas déraisonnable; quant à son appréciation du niveau de culpabilité morale de l’accusé, qui n’était pas réduite de façon importante par . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: Supreme One-Liners

As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter, summarizing all Appeals, Oral Judgments and Leaves to Appeal granted.

Appeals

Charter: Mobility Rights
Taylor v. Newfoundland and Labrador, 2026 SCC 5 (40952)

Clarification of mobility rights during pandemic.

Leaves to Appeal Granted

Criminal Law: Sexual Assault
B. v. R., 2025 ABCA 270 (42030)

Issues re alleged non-condom sexual assault. 

Civil Litigation; Charter: . . . [more]

Posted in: Summaries Sunday

From Pleadings to Trial in Two Years: All Together Now?

Imagine having a civil trial, just two years after pleadings. To Ontario litigators this may seem an absurd fantasy, like a Stanley Cup for the Leafs or pulling matching socks straight out of the dryer. Four or five years, at least, is the status quo today.

And yet Ontario’s Civil Rules Review suggests that this fantasy can become standard practice. “Trial in Two,” for most two-party actions, is the aspiration animating its 281-page Final Policy Report, released in mid-December.

The Report sets out default timetables that would squeeze documentary disclosure, judicial conferences, and even pared-down examinations for discovery into . . . [more]

Posted in: Legal Ethics

Book Review: Kellinde Wrightson’s Decoding Canadian Legal Research, Writing, and Conventions

Several times each month, we are pleased to republish a recent book review from the Canadian Law Library Review (CLLR). CLLR is the official journal of the Canadian Association of Law Libraries (CALL/ACBD), and its reviews cover both practice-oriented and academic publications related to the law.

Decoding Canadian Legal Research, Writing, and Conventions: A Guide for Internationally Trained Lawyers. By Kellinde Wrightson. Toronto, ON: Emond Montgomery, 2024. xviii, 259 p. Includes bibliographic references and index. ISBN 9781774624296 (softcover) $56.00; ISBN 9781774624319 (ePub) $50.00.

Reviewed by Dominique Garingan
Manager, Legal Learning & Development
Gowling WLG (Canada) LLP . . . [more]

Posted in: Book Reviews, Legal Information

Towards AI-Centric Law Firms

“[Productivity] gains only come when companies use AI to redesign processes and ultimately rethink whole business domains. Thats where the step-change in efficiency and growth will come from. To get there, the foundations must be right — clean, well-governed data; secure and interoperable systems; and people who understand how to work alongside AI.”

This observation from Jonathan Keane, Strategy and Consulting Lead at Accenture for UK, Ireland and Africa, was a highlight of the recent Financial Times Special Report on AI. It was meant to apply to a range of businesses, but I think it lands most . . . [more]

Posted in: Practice of Law

Federal Court of Appeal Comments on Non-Use in Response to Section 45 of Canadian Trademark Act

The Federal Court of Appeal had the occasion to review the so-called non-use cancellation action under section 45 of the Trademark Act in the context of the acquisition of the trademarks by a new owner in the case Comité interprofessionnel du vin de champagne v. Coors Brewing Company[1].

Section 45, and more specifically subsection 45(3), authorizes the Registrar of Trademarks, at the request of any person or on the Registrar’s own initiative, and following a proceeding initiated by a notice to the registered owner under subsection 45(1), to expunge from the Register of Trademarks the registration of . . . [more]

Posted in: Intellectual Property

Summaries Sunday: SOQUIJ

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

PÉNAL (DROIT) Le tribunal inflige une peine de 12 mois d’emprisonnement à une proxénète; bien que la culpabilité morale de celle-ci soit importante, elle est atténuée notamment par sa reconnaissance des torts, ses remords, l’absence de casier judiciaire et la dynamique relationnelle avec le coaccusé (son proxénète) au moment des . . . [more]

Posted in: Summaries Sunday

Summaries Sunday: Supreme One-Liners

As a supplement to our Sunday Summary each month, Supreme Advocacy LLP in Ottawa presents Supreme One-Liners, a super-short descriptive guide to the most recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers its more comprehensive weekly electronic newsletter, Supreme Advocacy Letter, summarizing all Appeals, Oral Judgments and Leaves to Appeal granted.

Appeals

Insurance: Guaranteed Rebuilding Cost Coverage
Emond v. Trillium Mutual Insurance Co., 2026 SCC 3 (41077)

Guaranteed rebuilding cost endorsement subject to compliance cost exclusion herein.

Criminal Law: Solicitor-Client Privilege
R. v. Fox, 2026 SCC 4 (41215)

Counsel can pierce solicitor-client privilege to defend

. . . [more]
Posted in: Summaries Sunday

Reframing Attendance as a Question of Process Design: Spiegelman v. Avantia and Mandatory Mediation in Ontario

In a seminal article from 1994, Fitting the Forum to the Fuss: A user-Friendly Guide to Selecting an ADR Procedure, the authors, Frank Sandler and Stephen Goldberg, both leaders in the ADR movement in the U.S. used ‘Fit the Forum to the fuss” as a principle in dispute resolution design meaning you should choose the right process (the “forum”) for the specific conflict (the “fuss”), tailoring it to the parties (people), the problem’s nature, and the process goals.

For more than four years, lawyers and mediators have lived with a quiet but persistent question, or minor irritant left by . . . [more]

Posted in: Dispute Resolution

Wednesday: What’s Hot on CanLII? – January 2026

Each month, we tell you which three English-language cases and French-language cases have been the most viewed* on CanLII in the previous month and we give you a small sense of what the cases are about.

For this past month, the three most-consulted English-language decisions were:

1. Sullivan v. Culic et al, 2026 ONSC 23

[1] This motion involves a request by the applicant to amend the notice of application to add a party and for interim relief related to lawyer, Clinton Harrison Culic, and his law firm, Veritasa Law Office. The allegations against Mr. Culic arise out of

. . . [more]
Posted in: Wednesday: What's Hot on CanLII

How AI Can (And Can’t) Enhance Practice Efficiency

AI came up with this blog title – pretty great, right? It’s descriptive with just a hint of my cheeky writing-style. I tweaked it so it sounded more like my ‘voice’, but I like the blog title. I used a SMART prompt to come up with it – while it is highly probable that my AI prompt took longer to draft than simply coming up with my own title, we’ll just ignore that possibility for now. I use AI in my practice, and it is likely that most of you do as well.

I use AI to assist with social . . . [more]

Posted in: Practice of Law

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