FCA rejects Ottawa’s ‘expansive’ view of cabinet authority to wield ‘draconian’ emergency powers
Federal Court of Appeal Chief Justice Yves de Montigny
Federal Court of Appeal Chief Justice Yves de Montigny and two fellow judges rejected the Attorney General of Canada’s argument ‘that the threshold for declaring a public order emergency, which allows cabinet to make use of a vast array of draconian powers without any prior authorization, could be lower than the threshold for using the surveillance powers and the more circumscribed threat reduction measures under the Canadian Security Intelligence Service Act.’

Wednesday, January 21, 2026 @ 4:55 PM

In a case that might land on the steps the Supreme Court of Canada, the Federal Court of Appeal has ruled unanimously that the federal cabinet wrongly invoked the Emergencies Act to declare a national “public order” emergency in 2022. ... [read more]

Court upholds stay of enforcement against Webuild pending Italian liability ruling

Thursday, January 22, 2026 @ 3:07 PM

The Ontario Court of Appeal has upheld a stay of proceedings seeking to enforce a Chilean arbitration award against Webuild, ruling that whether the company assumed the underlying liability through an acquisition must first be decided by Italian courts. ... [read more]

Court allows appeal in restaurant dispute for unjust enrichment

Thursday, January 22, 2026 @ 2:54 PM

The Ontario Court of Appeal has allowed an appeal regarding an alleged unjust enrichment claim for chattels used by a restaurant despite its refusal to complete an asset sale agreement. ... [read more]

Two former justice ministers among Alberta lawyers criticizing province’s ‘unacceptable behaviour’

Thursday, January 22, 2026 @ 2:29 PM

Two former Alberta justice ministers are among a group of lawyers and articling students attacking the provincial government for what they call “unacceptable behaviour” and urging Albertans to “use their voices to preserve our democratic institutions.” ... [read more]

Nova Scotia issues new summary offences, fines for illegal fishing

Thursday, January 22, 2026 @ 1:47 PM

Nova Scotia is clamping down on illegal fishing in the province by adding dozens of new offences and hiking fines. ... [read more]