Canada: Professional Negligence

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.

Two recent Quebec court decisions clarify the boundaries of employers' duty to provide reasonable accommodation under the Charter of Human Rights and Freedoms. These cases examine when safety concerns and essential job requirements may limit accommodation obligations, and emphasize the importance of employee cooperation in the accommodation process.

In Sienna v. Duckett, 2025 ONCA 867, the Court of Appeal allowed the plaintiffs leave to amend their claim against the Attorney General of Canada relating...

Lawyers are human which means that even the most diligent lawyer will make mistakes from time-to-time. One of the most common mistakes a lawyer can make is missing a limitation period, thereby barring their client from pursuing litigation.

In the landscape of Ontario real estate litigation, the principle of caveat emptor (buyer beware) has long served as a formidable defense for vendors.

If you are like almost 40 per cent of Canadians, you own a dog. According to Agriculture Canada, the dog population in this country was around 8.3 million in 2024.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of November 3, 2025.

It is well established that the owner of an automobile is vicariously liable for the negligence of those who drive the vehicle with the owner's consent.

On my evening walk one day last week, I was surprised to see that the streetlights in our neighbourhood were on before I reached my house.