Artificial intelligence (“AI”) is changing the legal landscape. AI can assist with research, drafting and even formulating legal arguments. However, as recently cautioned by Justice Griffin in the BC Court of Appeal, when used improperly, AI can undermine a litigant’s position and even increase their costs. 1182573 B.C. Ltd. v Gerber, 2026 BCCA 399 involves
In April 2026, I wrote about the decision in Kunka Estate v. Giasson, which considered whether resulting trust principles apply to beneficiary designations on registered accounts such as TFSAs and RRIFs.
In estate litigation, costs awards follow the ‘loser pays’ principle. Generally, this means the losing party has to pay a portion of the winning party’s costs.
One of the most common concerns voiced by litigants is how they can recover their costs of the litigation. In Ontario, you do not need to bring a separate claim against the opposing party to recover your legal fees. Rather, at the end of the litigation (or at the end of a particular step of
In Canada, at the end of a court proceeding, a judge will often order one party (usually the loser) to pay a portion of the other party’s costs. Costs are awarded at the judge’s discretion. As set out in s. 131 of the Courts of Justice Act, RSO 1990, c C.43: “… the costs of
