Litigation Law, Mediation Law and Arbitration Law

When can citizens sue government officials for abuse of power? A landmark Supreme Court case examines the boundaries between administrative law and civil litigation, revealing...

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...

The Tax Court of Canada has ruled that subsection 296(2.1) of the Excise Tax Act cannot rescue late-filed GST/HST rebate claims, potentially leading to unjust enrichment of the Canada Revenue Agency. This decision in Heritage Square Retirement raises critical questions about whether taxpayers who miss the two-year limitation period can rely on relieving provisions during audits to recover taxes paid in error.

Effective October 1, 2026, the Supreme Court of British Columbia will implement a fundamental procedural change requiring parties to exchange application materials before filing with the court or setting hearing dates. This reversal of the traditional "file and serve" sequence shifts much of the procedural activity to the pre-filing stage, fundamentally altering how chambers applications are initiated and managed.

The Court of Appeal for Ontario has introduced a new framework for granting leave to appeal from Divisional Court decisions, marking the first significant update to this test in over half a century. The decision in Knauff v. Ontario (Human Rights Tribunal) establishes that leave will be granted when a proposed appeal raises an arguable question of law or mixed law and fact of sufficient public importance, moving away from a rigid categorical approach toward a more flexible analysis.

A Quebec Superior Court has authorized a class action examining whether professional contact information collected by business intelligence platform Apollo.io falls within Quebec privacy law's "professional information" exception. The case raises critical questions about the boundaries between protected personal data and exempted professional information in today's digital workplace, particularly regarding cell phone numbers, LinkedIn profiles, and algorithmic profiling outputs.

The Ontario Superior Court of Justice has certified a proposed class action against Hatts Off Inc., alleging systemic abuse, neglect and misconduct at youth group homes and foster placements across Ontario spanning nearly four decades. With approximately 180 individuals already identified as potential class members, this certification decision allows the case to proceed on common issues affecting all proposed class members, though the allegations remain unproven and liability is denied by the defendants.

This newsletter provides timely updates and practical insights on securities litigation, regulatory enforcement, shareholder disputes, governance developments, and other issues affecting Canadian capital markets and their participants.

Saskatchewan has officially brought The Defamation Act into force. The Defamation Act replaces the province's century-old Libel and Slander Act, which had been in place since 1909. The new legislation reflects the realities of modern communication and is designed to address how reputational harm occurs in an era dominated by online publishing, social media, and digital news platforms.

In SGS Canada Inc v. Carrier, 2026 ONSC 4751 (CanLII), the corporate plaintiff was a Canadian subsidiary of a large multinational company operating laboratories and offices across the country. The defendant was a manager of business development for the plaintiff for approximately two years until October 2025, when his employment was terminated without cause.

A Canadian court awarded $800,000 in damages to a couple defamed by serious false allegations of sexual assault and criminal misconduct spread through social media. The case examines how factors like the severity of accusations, use of social media platforms, and a defendant's failure to mount a defense can dramatically escalate defamation damages beyond typical awards.