SCC explains how to determine ‘factual causation’ and ‘remoteness of damage’ in negligence cases
Supreme Court of Canada Justice Malcolm Rowe
Writing with Justice Michelle O’Bonsawin for the Supreme Court of Canada’s majority, Justice Malcolm Rowe said ‘it is essential that factual causation and remoteness of damage remain analytically distinct and be treated separately.’

Friday, October 23, 2026 @ 5:14 PM

Splintering over the results in a multi-defendant personal injury case, the Supreme Court of Canada has elaborated on the elements of “factual causation” and “remoteness” of damages and on the roles they play in analyzing negligence claims. On Oct. 23, a majority of the seven-judge bench dismissed the appeals of plaintiffs Sophia Hemmings, her litigation guardian and her family from a 2024 Ontario Court of Appeal medical negligence decision: Hemmings v. Padmore, 2026 SCC 34. ... [read more]

Appeal Court rejects First Nations child welfare class action as not preferable procedure

Friday, October 23, 2026 @ 5:30 PM

The Federal Court of Appeal has allowed an appeal dismissing the certification of a First Nations constitutional class action relating to child and family services, finding that it was not the preferable procedure as it demanded involvement of provinces and territories. ... [read more]

Canada, Türkiye declare ‘strategic partnership,’ set dates for free trade talks

Friday, October 23, 2026 @ 2:58 PM

Prime Minister Mark Carney and Turkish President Recep Tayyip Erdoğan have launched an “ambitious Canada-Türkiye strategic partnership” back by a three-year action plan. According to a federal release, the partnership will “deepen cooperation in key areas, including trade and investment, defence and security, energy, and people-to-people ties.” ... [read more]

Plaintiffs in $10M illegal fishing suit must provide ‘full particulars’ to defendants: Appeal Court

Friday, October 23, 2026 @ 10:11 AM

Nova Scotia’s highest court has ruled that plaintiffs in a multimillion-dollar civil conspiracy lawsuit provide “full particulars” in their claim against a company accused of dealing in the illegal lobster trade. ... [read more]

Supreme Court of Canada agrees to hear groundbreaking Emergencies Act case

Thursday, October 22, 2026 @ 5:03 PM

The Supreme Court of Canada has granted Ottawa’s request for leave to appeal Federal Court rulings that held that the federal government wrongly declared a national “public order” emergency in 2022. On Oct. 22, the top court granted the federal government’s leave application and also granted leave to cross-appeal to the Canadian Civil Liberties Association (CCLA) and the Canadian Constitution Foundation (CCF). ... [read more]