Legally Briefed (Canada)
PublicCurated updates on recent Canadian court decisions, legal developments, and analysis from major legal databases for law firms and students.
Ontario Appeal Court Upholds Cross-Border iGaming Pool
Monday, Jul 27, 2026
Today's brief centers on the Ontario Court of Appeal clearing a major legal hurdle for international player pools in online gaming, while also refining damages measures in real estate contract breaches and setting a new standard for assessing real estate agent negligence.
The iGaming ruling removes legal uncertainty for Ontario’s regulated market, and practitioners should note the appeal court’s shift toward a duty-to-correct in real estate disputes.
These decisions, alongside the SCC’s updated guidance on judgment types and LexisNexis’s practitioner editions, underscore a broader trend of judicial clarification and practical tools for legal professionals.
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Geography: Canada, Ontario, British Columbia
1. Ontario Appeal Court clarifies damages and negligence in real estate disputes
The Ontario Court of Appeal issued two significant real estate law rulings this week. In Block Developments Inc.
v Brewers Retail Inc. , the court upheld a $15.
5 million damages award based on projected development profits rather than standard market value, departing from the usual measure of breach-of-contract damages for failed property sales. Separately, in Painchaud v.
Krimker, the appeal court ordered a new trial in a real estate agent negligence case, finding the trial judge wrongly focused only on whether the agent actively misled clients and failed to assess whether the agent breached his duty by not correcting the clients' misunderstanding of the purchase agreement.
Key facts:
- Block Developments v Brewers Retail upheld $15.5 million in damages for lost development profits.
- The damages award relied on projected profits, not traditional appraisal or resale price evidence.
- Painchaud v Krimker ordered a new trial for broader consideration of realtor negligence.
- The trial judge had focused only on whether the realtor actively misled the appellants.
- The appeal court found signatures and initials alone insufficient proof of proper contract review.
Why it matters: These decisions clarify that Ontario courts can award damages beyond standard market-value formulas in real estate contract breaches, potentially increasing exposure for sellers who back out of development-focussed deals.
The reckless conduct of real estate agents is also now under a broader judicial microscope: agents may face liability for failing to correct client misunderstandings, not just for active misrepresentation.
Developers and real estate professionals should review their contract language and client communication practices accordingly.
2. Ontario Court of Appeal approves international pooled liquidity for online gaming
The Ontario Court of Appeal has issued a significant ruling in Reference re iGaming Ontario, upholding a proposed model that would allow online players in Ontario to compete against players in other jurisdictions through shared player pools, known as international pooled liquidity.
The decision clears a major legal hurdle for the Alcohol and Gaming Commission of Ontario (AGCO) and iGaming Ontario, the province's online gaming regulator and operator.
This ruling confirms that Ontario's regulated iGaming framework can lawfully include cross-border player matching. The court's opinion addresses constitutional questions about the provincial authority to authorize such cross-border gaming arrangements.
While the full legal reasoning is detailed in the appellate decision, the practical effect is immediate: it opens the door for Ontario-licensed operators to offer games like poker with larger, international player bases.
The ruling removes legal uncertainty that had been a barrier to implementing this aspect of Ontario's iGaming market, which launched in April 2022.
Key facts:
- Ruling issued by the Ontario Court of Appeal in Reference re iGaming Ontario.
- Approves model for online players in Ontario to compete in international player pools.
- Decision removes a legal barrier for the Alcohol and Gaming Commission of Ontario.
- Ontario's regulated iGaming market launched in April 2022.
Why it matters: This decision directly impacts licensed online gaming operators in Ontario, who can now plan for product offerings that depend on large player pools, such as poker tournaments. Players in Ontario will have access to larger prize pools and more game variety.
The ruling also sets a Canadian precedent for how provinces can regulate cross-border iGaming within federal criminal law constraints, potentially influencing other provinces considering similar models.
Legal uncertainty for investors and operators is significantly reduced.
3. Ontario Appeal Court clarifies standard for recovered memory evidence
The Ontario Court of Appeal released its decision in R. v.
G.D., 2026 ONCA 354 on July 24, 2026, addressing how courts should handle evidence based on recovered memories of childhood sexual abuse.
The court focused on the admissibility and reliability of the evidence itself, rather than on the underlying scientific debate about memory recovery. The ruling drew on the Supreme Court of Canada's framework in R.
v. Abdullahi, 2023 SCC 19, which sets out how trial judges must assess the reliability of expert evidence.
This decision signals that appellate courts will scrutinize whether trial judges properly applied evidentiary gatekeeping duties, not whether the science behind recovered memory is broadly accepted.
Key facts:
- Case: R. v. G.D., 2026 ONCA 354, decided July 24, 2026.
- Court examined admissibility of recovered memory evidence in a criminal case involving childhood sexual abuse.
- Appeal court focused on the reliability of evidence, not the validity of memory science itself.
- The Supreme Court precedent R. v. Abdullahi, 2023 SCC 19 governed the analysis.
Why it matters: This ruling clarifies that Ontario trial courts must rigorously test the reliability of recovered memory evidence under existing evidentiary rules, rather than deferring to broad scientific controversies.
For defence counsel and prosecutors, the decision provides a concrete framework for challenging or defending such evidence in sexual assault prosecutions.
Legal professionals using CanLII or Westlaw Canada to research precedent will find this case now controls the standard for recovered memory issues in the province.
4. SCC explains judgment types as litigation pipeline shifts
The Supreme Court of Canada has published updated guidance on its two types of rulings: leave applications and appeal judgments. A leave application decides whether the Court will hear a case; a dismissal closes the file, while a grant leads to a full hearing.
Appeal judgments are the final decisions, either delivered orally or with written reasons. Detailed reasons explain the outcome, which can be unanimous or governed by a majority vote, with dissenting judges filing separate opinions.
Final judgments are later compiled into the Canada Supreme Court Reports.
Key facts:
- SCC issues leave applications and appeal judgments.
- Leave dismissal closes case; grant leads to full hearing.
- Appeal judgments can be oral or reserved with written reasons.
- Non-unanimous decisions are determined by majority vote.
- Dissenting judges may write separate reasons.
Why it matters: Practitioners and litigants gain procedural clarity on how finality attaches at Canada's highest court. Understanding the distinction between leave and appeal stages helps lawyers calibrate strategy and manage client expectations.
With written reasons only appearing in official reports months later, reliance on interim digital versions remains essential for timely precedent tracking.
5. LexisNexis Canada Releases 2021 Practitioner Editions with Updated Case Law
LexisNexis Canada has made a suite of 2021 practitioner titles available in eBook format, responding to practitioner demand.
The list includes eight key works such as The Practitioner's Criminal Code, Ontario Superior Court Practice, and British Columbia Family Law Practice.
These editions incorporate recent court interpretations of legislation like the Divorce Act and provincial family laws.
The new British Columbia Family Law Practice edition explicitly reflects recent court approaches in applying the Child Support Guidelines and the B.C. Family Law Act.
Ontario Superior Court Practice is noted for being frequently cited by lower courts and the Court of Appeal. All eBooks come free with the print purchase and are compatible with major devices.
Key facts:
- Eight 2021 practitioner titles released in eBook format by LexisNexis Canada.
- British Columbia Family Law Practice edition reflects recent court interpretations of federal and provincial family legislation.
- Ontario Superior Court Practice is often cited in lower courts and the Ontario Court of Appeal.
- eBooks are provided at no extra charge with print purchase, in EPUB format.
Why it matters: Practitioners and judges gain portable, annotated references that integrate the latest judicial reasoning on key statutes.
This update streamlines legal research in family, criminal, and immigration law, especially for those appearing in Ontario and British Columbia courts.
The electronic format allows quick access to current case law during argument or judgment drafting, reducing reliance on outdated print editions.