Canada: Professional Negligence

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Article
Recent Decisions Illustrate The Consequences Of Deficient Or Absent Motion Materials
Recent Ontario Superior Court decisions demonstrate how procedural missteps in civil litigation can derail even straightforward motions. From improperly served materials and excessive hearsay to missing factums and deficient affidavits, these cases reveal the tangible consequences when litigants fail to comply with the Rules of Civil Procedure. Courts are increasingly willing to adjourn, dismiss, or deny relief when parties cannot meet basic evidentiary and procedural requirements.
Canada Litigation
GR
Gardiner Roberts LLP
Article
Behemoth B.C. Case Delivers A Blizzard Of Professional Negligence Findings
A British Columbia Supreme Court case examines how a seemingly minor pleading error in a $30 million settlement led to a decade-long legal battle, resulting in findings of professional negligence, breach of fiduciary duty, and breach of contract against the lawyer responsible. The court's analysis explores the boundaries of lawyer liability, client responsibility, and the duty of candor when mistakes occur in high-stakes commercial litigation.
Canada Litigation
GR
Gardiner Roberts LLP
Article
When Trust Is Exploited: Abuse By Professionals In Positions Of Power
When professionals entrusted with the care of children exploit their positions of authority for harmful purposes, the impact extends far beyond the abusive acts themselves. This examination explores the complex dynamics of institutional sexual abuse, the barriers survivors face in coming forward, and the legal pathways available for pursuing accountability when systems fail to protect those in their care.
Canada Litigation
SL
Siskinds LLP
Article
Here’s The Drill – Introducing The New CCDC 33 – 2026 Progressive Design-Build Service Contract
The Canadian Construction Documents Committee has released CCDC 33, a standardized service contract governing the relationship between design-builders and consultants on progressive design-build projects. This new form establishes the framework for professional design services, payment structures, and liability provisions in the downstream contractual chain. How does this companion document to CCDC 32 balance the consultant's professional obligations with the commercial realities of multi-party construction
Canada Real Estate
WL
WeirFoulds LLP
Article
Dans quelles circonstances le tribunal peut-il « corriger » un testament ?
Following a testator's death, disputes may arise when parties claim errors in a will that fail to reflect the deceased's true testamentary intentions. Ontario courts can apply the legal doctrine of rectification to correct wills, but only under specific, narrowly defined circumstances that balance respect for testamentary freedom with the need to remedy genuine drafting errors.
Canada Family
MT
Miller Thomson LLP
Article
Boating Accidents In British Columbia: What Are Your Legal Rights After A Marine Injury?
A charter boat incident near Roberts Bank in the Georgia Strait, where passengers were found in the water after the vessel began sinking, raises critical questions about commercial operator responsibilities and passenger safety on British Columbia waters. When boating emergencies occur, determining liability requires careful investigation of vessel maintenance, safety equipment availability, and operator procedures. Injured passengers and their families may have legal remedies under both provincial negligen
Canada Litigation
WG
Watson Goepel LLP
Article
$22.5 Million Verdict: Court Rules Against Toronto Plastic Surgeon For Patient Privacy Breaches
Howie, Sacks & Henry LLP secured a landmark $22.5 million judgment for approximately 7,000 patients whose privacy was violated by Dr. Martin Jugenburg through undisclosed surveillance cameras at the Toronto Cosmetic Surgery Institute. The Ontario Superior Court found Dr. Jugenburg liable for negligence, breach of fiduciary duty, and intrusion upon seclusion after operating 24 cameras in private medical spaces without patient knowledge or consent from 2017 to 2018.
Canada Privacy
HS
Howie, Sacks & Henry LLP
Article
AI-Generated Construction Schedules: Who Is Liable When The Algorithm Is Wrong?
Artificial intelligence is transforming construction project scheduling in Ontario, but when AI-generated schedules contain errors leading to delays and cost overruns, determining liability becomes complex. This analysis examines whether software vendors, professional schedulers, or contractors will bear responsibility when algorithmic scheduling tools fail, and outlines practical risk management steps for construction industry participants.
Canada Litigation
SW
Soloway Wright
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