Canada: Litigation, Mediation & Arbitration

The British Columbia Supreme Court decision in Lewis v. WestJet Airlines Ltd. (2025 BCSC 1565) clarifies the circumstances under which accountants' work may be protected by legal privilege.

Senior in-house lawyers rarely get the space to think. The demands of the role are relentless - the urgent matter, the inbox, the open door - and genuine strategic thinking is hard to protect when the operational pull never stops. The conversations that actually need to happen get deferred, again and again, in favour of whatever is most pressing today.

Parties to litigation can expect that particulars of the advice they have received from counsel will remain privileged in most instances. However, there are times when a party, through its actions or its pleadings...

The Ontario Court of Appeal examines whether a foreign arbitral award should be enforced when the arbitration proceeded under different institutional rules than those originally specified in the parties' agreement, following legislative changes in Dubai that transferred arbitration authority from DIFC to DIAC.

Arbitration is an increasingly popular tool for the efficient resolution of disputes. With the rapidly evolving pace and globalisation of commercial operations, the need for efficient international dispute resolution remains at the forefront of most commercial parties’ minds.

The Construction Act (the “Act”) governs Ontario’s construction industry, establishing the framework for key industry mechanisms to regulate cash flow, and prescribe alternative dispute resolution on construction projects throughout the Province. Originally enacted as the Construction Lien Act in 1983, the statute has been subject to significant reform in response to evolving industry practices and concerns voiced from stakeholders.

The Ontario Court of Appeal examines whether a foreign arbitral award should be enforced when the arbitration proceeded under different institutional rules than those originally specified in the parties' agreement, following legislative changes in Dubai that transferred arbitration authority from DIFC to DIAC.

Lenczner Slaght is a leading Canadian litigation firm that specializes in distilling complicated legal concepts into sharp, winning arguments.

The Supreme Court of Canada has delivered a landmark decision addressing whether courts can recognize new torts when existing legal remedies may already provide compensation. In Ahluwalia v. Ahluwalia, the justices...

In January 2025, former Federal Minister of Health, the Honourable Mark Holland, released a Letter to provinces and territories on the importance of upholding the Canada Health Act – 2025. We wrote about it here.

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...

Plea-bargain agreements form an integral part of our criminal justice system as they aide the amicable resolution of criminal cases. These agreements are not foreign in labour matters...