Canada: Civil Law

When a senior software developer secretly creates competing software on his own time, who owns the copyright? The Ontario Court of Appeal's decision in Nexus Solutions Inc. v. Krougly clarifies the boundaries of employer ownership over employee-created work, establishing that broad job descriptions alone cannot secure intellectual property rights without clear contractual terms or direct involvement in the creation process.

Recent Canadian case law demonstrates that limitation defences are no longer categorically off-limits at class action certification. Courts will now engage with limitations arguments where they expose fundamental deficiencies in the proposed proceeding, potentially narrowing class definitions, defeating certification entirely, or informing preferability analyses—though fact-intensive disputes remain reserved for summary judgment or trial.

WeirFoulds welcomes Stephen Corrington as an Associate in Commercial Litigation and Caribbean & Offshore Practice Groups. Called to the Bar in Ontario, Jamaica, and Saint Lucia, Stephen brings extensive experience from his roles as Executive Legal Assistant to the Chief Justice and Judicial Law Clerk at the Eastern Caribbean Supreme Court.

In AB v Google, the Court of Appeal of Québec held that internet intermediaries, such as search engines, may be liable for listing hyperlinks to undisputedly false and defamatory content.

The Canadian Charter of Rights and Freedoms [Charter] provides protection against government action. Among the protections conferred by the Charter are those set out in section 11.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of February 17, 2026.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of December 1, 2025.

On July 18, 2025, the Court of Appeal of Quebec (the "Court") issued its decision in Checkbook Inc., marking a significant victory for Gowling WLG.

In Bellway Homes Limited v The Occupiers of Samuel Garside House [2025], the Court of Appeal (CoA) has overturned an earlier decision of the Technology and Construction Court (TCC)...