Insights
& Commentary

Insights list

Holding Back on Holding in Contempt: The Ontario Court of Appeal on Civil Contempt Proceedings - photo
  • Commentaries

Holding Back on Holding in Contempt: The Ontario Court of Appeal on Civil Contempt Proceedings

Written By: Avery Cameron Reviewed By: Grace Murdoch Introduction While the court’s use of civil contempt proceedings sends a strong message, it is not always the most appropriate mechanism to ensure parties are abiding by their legal obligations.  In the recent decision of Association of Architectural Technologists of Ontario v. Ontario Association of Architects,[1] the … Continued

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The Consequences of Breaking the “Inflexible Rule”: The Court of Appeal Ruling in Chubb Insurance Company of Canada v. Zurich Insurance Company, 2026 ONCA 302 (CanLII) - photo
  • Commentaries

The Consequences of Breaking the “Inflexible Rule”: The Court of Appeal Ruling in Chubb Insurance Company of Canada v. Zurich Insurance Company, 2026 ONCA 302 (CanLII)

Written by Jason Taggart Reviewed by Grant Ferguson Introduction The recent Ontario Court of Appeal decision, Chubb Insurance Company of Canada v. Zurich Insurance Company, [1] (“Chubb v. Zurich”) raises the risk of insurer’s paying accident benefits permanently if they do not comply with an increasingly “inflexible rule”. That rule: “pay now dispute later,” has … Continued

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Ontario Court of Appeal Clarifies the Public Interest Threshold in Anti-SLAPP Motions - photo
  • Commentaries

Ontario Court of Appeal Clarifies the Public Interest Threshold in Anti-SLAPP Motions

By: Danika Osborne Reviewed by: Katie Di Tomaso INTRODUCTION The Court of Appeal for Ontario (“ONCA”) in Rajic v. MacDonald, 2026 ONCA 288 clarified the interpretation of the “public interest” requirement under s. 137.1(3) of the Courts of Justice Act (“CJA”) in anti-SLAPP motions. The ONCA held that the motion judge applied a restrictive approach … Continued

Ontario Court of Appeal Rules that Actions Against Barrick Gold Cannot Proceed in Ontario on the Basis of Forum Non Conveniens. - photo
  • Commentaries

Ontario Court of Appeal Rules that Actions Against Barrick Gold Cannot Proceed in Ontario on the Basis of Forum Non Conveniens.

Written by Dimitris Logothetis Reviewed by Rovena Hajdëri INTRODUCTION In Matiko John v. Barrick Gold Corporation,[1] the Ontario Court of Appeal considered whether actions brought by Tanzanian individuals arising from alleged human rights abuses at a gold mine in Tanzania should proceed in Ontario or be stayed and heard in Tanzania. The Court dismissed the … Continued

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The Supreme Court of Canada Unveils New Tort of Intimate Partner Violence in Ahluwalia v Ahluwalia, 2026 SCC 16 - photo
  • Commentaries

The Supreme Court of Canada Unveils New Tort of Intimate Partner Violence in Ahluwalia v Ahluwalia, 2026 SCC 16

By Felisia Milana INTRODUCTION The Supreme Court of Canada (“SCC”) delivered its much-anticipated decision in Ahluwalia v Ahluwalia, 2026 SCC 16, where the Court was tasked with grappling whether a new tort of family violence should be recognized in Canada. Following from the teetering decisions of the Ontario Superior Court of Justice (“ONSC”) and the Ontario Court … Continued

Expert Evidence as a Double-Edged Sword: The Court of Appeal Reaffirms Trial Judges’ Gatekeeper Role - photo
  • Commentaries

Expert Evidence as a Double-Edged Sword: The Court of Appeal Reaffirms Trial Judges’ Gatekeeper Role

Written by Caroline Swiderski  Reviewed by Linette King Introduction In Pederson v Forget,[1] the Court of Appeal for Ontario upheld a trial judge’s decision to exclude expert evidence he found to be unreliable. In doing so, the Court reaffirmed the importance of the trial judge’s role as a gatekeeper and the deference that it attracts. … Continued

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