SCC takes deep dive into ‘spoliation’ for the first time in more than a century
Chris Paliare of Toronto’s Paliare Roland Rosenberg Rothstein LLP said the Supreme Court’s judgment sends ‘a message to litigants that they cannot, and should not, destroy or not produce documents. I think trial judges in the future, based on this set of reasons, will look at failure to do that in a much harsher way than the trial judge in this case.’
Friday, July 31, 2026 @ 6:04 PM
The Supreme Court of Canada has unanimously set out the presumptions, procedure and remedies applicable to litigated claims of “spoliation” — i.e., claims against parties who engage in the “intentional destruction, alteration, mutilation, or concealment of evidence with a view to subverting the truth-finding process during litigation.” ... [read more]
Immigration consultant given new trial due to delay between ‘bottom-line’ verdict and written reasons
Friday, July 31, 2026 @ 5:19 PM
An immigration consultant accused of misrepresentation in relation to the sponsorship of refugees has been given a new trial after it was found the trial judge took too long to deliver written reasons for finding him guilty. ... [read more]
First Nation membership dispute outside of Federal Court jurisdiction, Appeal Court finds
Friday, July 31, 2026 @ 3:59 PM
In a case spanning more than 25 years, the Federal Court of Appeal has agreed that the Federal Court does not have jurisdiction over issues relating to a First Nation band’s denial of membership to women who married out and their children, even though it had ruled on the merits in their favour. ... [read more]
Law Commission of Canada issues annual report, provides project updates
Friday, July 31, 2026 @ 1:04 PM
The Law Commission of Canada (LCC) has released its annual report, which “highlights the commission’s work and achievements over the past reporting year, providing updates on projects and programs” between April 2025 to March 2026. ... [read more]
First TSX-listed CVRs could pave way for more listings
Friday, July 31, 2026 @ 10:35 AM
Last Updated: Friday, July 31, 2026 @ 2:15 PM
The first-ever listing of contingent value rights (CVRs) on a Canadian exchange could establish a pathway for other issuers to use the instruments to bridge valuation gaps in M&A deals, according to Ghaith Sibai of Davies Ward Phillips & Vineberg LLP, who advised on the listing. ... [read more]