Litigation Law, Mediation Law and Arbitration Law

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
Article
Court Of Appeal Summaries (August 24 – 28, 2026)
The Ontario Court of Appeal examines whether provincial legislation that retroactively extinguished civil claims and designated land within the Greenbelt violates the constitutional core jurisdiction of superior courts under section 96 of the Constitution Act, 1867. The majority and dissent offer sharply contrasting views on the limits of legislative power to immunize public officials from misfeasance claims and predetermine litigation outcomes.
Canada Litigation
BM
Blaney McMurtry LLP
Article
A Lawyer’s List Is Not A Limitations Lifeline: The ONCA Confirms Plaintiffs Must Exercise Reasonable Diligence
The Ontario Court of Appeal's decision in Wiebe v. Johnson & Johnson Inc. clarifies when the two-year limitation period begins under Ontario's Limitations Act, 2002, emphasizing that plaintiffs cannot delay the clock by failing to investigate potential claims when they knew or should have known the material facts. The Court ruled that a law firm's opinion about product defects does not constitute a new material fact that resets the limitation period.
Canada Litigation
ML
McMillan LLP
Article
Greenbelt Crown Immunity: Court Of Appeal For Ontario Divides On The Scope Of Section 96
The Court of Appeal for Ontario's recent decision in Minotar Holdings Inc. v. Ontario examines the constitutional limits of provincial legislation that shields the Crown from civil liability, particularly for claims of misfeasance and bad faith by government officials. With a 2:1 split decision upholding broad immunity provisions in the Greenbelt Act, the case raises fundamental questions about the balance between legislative supremacy and the superior courts' constitutionally protected role as guardians of
Canada Litigation
MT
McCarthy Tétrault LLP
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Class Actions

Article
B.C. Court Dismisses Securities Class Action Against Alio Gold: Four Key Lessons For Defendants
The B.C. Supreme Court dismissed a securities class action against Alio Gold Inc., ruling in favor of the defendant on all 21 certified common issues. This decision provides important guidance on defending securities class actions, particularly regarding the standard of care for technical mining matters, the role of hindsight in analyzing misrepresentations, and the requirements for proving reliance, causation, and damages in common law claims.
Canada Litigation
MT
McCarthy Tétrault LLP
Article
Appeal Court Confirms Class Action Plaintiffs Cannot Elect Disgorgement To Sidestep The Need For Evidence Of Loss
The Ontario Divisional Court has upheld a lower court's decision denying class certification in a data privacy case against Facebook, establishing important boundaries for when disgorgement remedies can be pursued in breach of contract claims. The ruling addresses whether plaintiffs can strategically elect disgorgement to avoid proving compensable loss, and reinforces fundamental prerequisites for class action certification.
Canada Litigation
OH
Osler, Hoskin & Harcourt LLP
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Libel & Defamation

Article
Ontario Court Of Appeal Allows Social Media Defamation Claim To Proceed And Awards Costs Against Anti-SLAPP Applicant
A recent Ontario Court of Appeal decision examines the boundaries of social media criticism in development disputes, addressing when heated online debate crosses into actionable defamation. The case explores how courts balance freedom of expression against reputational harm when Facebook posts allege corruption and misconduct, and clarifies the costs consequences for unsuccessful anti-SLAPP motions where malice may be present.
Canada Litigation
BL
Borden Ladner Gervais LLP
Article
Lawyer Obtains Injunction To Stop Defamatory Online Harassment (Miller v. Ahn)
A lawyer successfully obtained an interim injunction to remove defamatory social media posts after a defendant orchestrated a campaign of online harassment, including review bombing and anti-Semitic attacks. The Ontario court found a strong prima facie case of internet harassment and ordered the removal of offending content, balancing freedom of expression against irreparable harm to the lawyer's professional reputation and family safety.
Canada Litigation
GR
Gardiner Roberts LLP
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Disclosure & Electronic Discovery & Privilege

Article
Surveillance Evidence Kept Out Of Court | Taylor v. Brar, 2026 BCSC 96
The Supreme Court of British Columbia has ruled that video surveillance evidence obtained after defence counsel improperly shared a plaintiff's confidential mediation brief with private investigators must be excluded from trial. This decision reinforces the fundamental principle that settlement negotiation privilege protects parties engaging in good faith mediation, and violations of this privilege will result in strict exclusionary remedies to preserve the integrity of the settlement process.
Canada Litigation
CC
CLC (Canadian Litigation Counsel)
Article
Staged Collisions, Surprise Discoveries, And The Limits Of Privilege
A rear-end collision in Ontario evolved into allegations of insurance fraud and conspiracy after the defendant testified he was paid to participate in what may have been a staged accident. The court's April 2026 ruling addresses litigation privilege over pre-litigation investigations, the threshold for amending pleadings based on newly discovered evidence, and procedural rights for unrepresented third parties.
Canada Litigation
PV
Pallett Valo LLP
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Professional Negligence

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
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