Canada: Litigation, Mediation & Arbitration

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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.

Thank You, Sherlock: A Claimant's Duty To Investigate Following Eberhardt

In Eberhardt v Insurance Corporation of British Columbia, 2025 BCSC 1069, the Supreme Court of British Columbia considered the scope of a claimant's duty to investigate and identify an unknown owner/driver alleged to have caused an accident when they seek compensation from the Insurance Corporation of British Columbia (ICBC)

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

Ontario Court Of Appeal Certifies Negligence Class Action Against Gun Manufacturer In Mass Shooting Case

The Ontario Court of Appeal's decision in Price v Smith & Wesson Corporation is a significant development in product liability law and class action procedure, particularly in cases involving harm from criminal acts.

Canada Litigation

LS

Lenczner Slaght LLP

All You Need To Know About Latent Defects, Presumptions And Legal Warranties

Québec stands out in many respects, particularly with regard to its legal framework. Whether you are a non-professional seller, a professional seller or a manufacturer...

Canada Litigation

DG

De Grandpré Chait

Golf Carts Can Be Fun, But Also Dangerous

The ubiquitous golf cart is more than just a conveyance for golfers. Golf carts can also be found in residential communities, airports, universities, holiday resorts or industrial settings.

Canada Litigation

GP

Gluckstein Lawyers

Geographical Considerations Regarding The Location Of Defence Medical Exams

Canada Litigation

MO

McLeish Orlando LLP

Lincoln Caylor: Mareva Injunctions In Canada: Now Easier To Get?

Canada Litigation

BJ

Bennett Jones LLP

10 Tips To Succeed At Mediation

Canada Litigation

Wallace Smith LLP

Brenda Agnew Featured On The Mobility Mindset Podcast

Canada Litigation

GP

Gluckstein Lawyers

Understanding When A Municipality Can Be Sued In Saskatchewan: A Guide For Residents And Municipalities

Canada Litigation

PL

Procido LLP

Travel Insurance And Alcohol: What Every Canadian Needs To Know

Canada Litigation

Wallace Smith LLP

Achieving Timely Justice In Personal Injury Claims

Canada Litigation

Wallace Smith LLP

No Common Employer Means No Class Action—Ontario Court Of Appeal

Canada Litigation

BJ

Bennett Jones LLP

Electric Scooter Accidents And Insurance In Ontario: What You Need To Know Before You Ride

Canada Litigation

HS

Howie, Sacks & Henry LLP

Success At Trial – Grandfather Not Liable For Grandson's Actions In Fatal Collision

Canada Litigation

Wallace Smith LLP

Re-Paving The Process: Bill C-5's Impact On Major Project Approvals And Mobility

Canada Government

ML

McMillan LLP

What Impact Does A 'Time Is Of The Essence' Clause Have In A Contract?

Canada Commercial

Woitzik Polsinelli LLP

Harassment And Workplace Violence: What Recent Case Law Teaches Us

Canada Employment

BB

BCF Business Law

Changes To Canada's C11 Work Permit In 2025: What Matters And How To Win .

Canada Immigration

S

Sobirovs Law Firm

AI For Legal: 5 Trends Transforming The Legal Industry Today!

Canada Technology

Alexa Translations

Disclosure & Electronic Discovery & Privilege

Tax Court Rejects The CRA's Attempt To Obtain Documents Protected By Solicitor-Client Privilege: Stack v The King, 2024 TCC 137

In Stack v The King, 2024 TCC 137, the Tax Court of Canada blocked the Canada Revenue Agency's attempt to obtain various documents, including an email record, that were protected by solicitor-client privilege.

Canada Litigation

RS

Rotfleisch & Samulovitch P.C.

Be Careful What You Waive: Partial Disclosure Of Privileged Documents Can Create Unintended Consequences

Litigation routinely involves thousands or even tens of thousands of documents. Expensive and time-consuming disputes over what must be disclosed and what is protected by privilege are commonplace.

Canada Insurance

MA

MLT Aikins LLP

Sexual Abuse Survivors Beware — The Defamation Risk

Two adult sisters accuse their uncle of sexually assaulting them as young children through spoken words and emails sent to family members. The uncle successfully sues them for defamation.

Canada Litigation

LL

Lerners LLP

Protecting Privilege In Privacy Breach Investigations: 2025 Privacy Breach Insights – Part 4

MT

McCarthy Tétrault LLP

Lawyer Did Not Breach Privilege By Disclosing Confidential Email To Former Clients' Trustee In Bankruptcy (Milot Law v. Sittler)

Canada Insolvency

GR

Gardiner Roberts LLP

Defamation In Academia: A Legal And Practical Limit On Academic Freedom

Worldwide Litigation

WL

WeirFoulds LLP

Estate Administration And The Issue Of Privilege

LK

Lindsay Kenney LLP

Reminder: Accountant-Client Privilege Does Not Exist

Canada Litigation

D

Dentons

Lawyer's Letter Protected From Defamation Claim By Absolute Privilege (Neve v. Adams)

Canada Litigation

GR

Gardiner Roberts LLP

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Arbitration & Dispute Resolution

Achieving Timely Justice In Personal Injury Claims

The Ontario civil justice system has been under significant pressure for over 10 years and is currently overwhelmed.

Canada Litigation

Wallace Smith LLP

No Common Employer Means No Class Action—Ontario Court Of Appeal

The Ontario Court of Appeal has concluded that a client's influence over a service provider's processes does not establish an employment relationship between the client and the service provider's employees.

Canada Litigation

BJ

Bennett Jones LLP

Just Cause And Dishonesty: When Progressive Discipline Isn't Enough

When it comes to disciplining unionized employees, the rules are different – and often more complex – than in non-union settings. The terms and conditions of unionized employees are governed by a collective agreement...

Canada Employment

AB

Aird & Berlis LLP

Court Of Appeal Summaries (June 16-20, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Contracts For Services vs. Contracts For Goods In Ontario

Canada Commercial

Pacific Legal PC

How To Write A Share Purchase Agreement In Ontario: A Complete Guide.

Canada Commercial

Pacific Legal PC

Break Glass In Case Of Emergency: Imminent Filing Deadlines And What To Do

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

Première ligne directrice du Chartered Institute of Arbitrators sur l'utilisation de l'IA dans le contexte de l'arbitrage

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Probative Video Evidence: The Vital Importance Of Its Integrity And Authenticity

Canada Litigation

F

Fasken

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Court Procedure

Court Of Appeal Summaries (June 9-13, 2025)

John has been the editor of Blaneys Appeals since the inception of the blog in the Summer of 2014.

Canada Litigation

BM

Blaney McMurtry LLP

Ontario's Civil Rules Revolution? Breaking Down The Key Proposed Reforms

In April 2025, the Ontario Civil Rules Review Working Group (CRR Working Group) released its Phase 2 Consultation Report [PDF], proposing comprehensive changes to the Rules of Civil Procedure (Rules).

Canada Litigation

OH

Osler, Hoskin & Harcourt LLP

The Limits Of The "Inevitable Accident" Argument: Case Comment On Zapata, Et Al. v. Reid, Et Al.

Earlier this year, the Superior Court of Ontario released its decision in Zapata, et al. v. Reid, et al., dismissing the plaintiffs' personal injury claim on a summary judgment motion from the defendants.

Canada Litigation

DS

Devry Smith Frank LLP

Court Of Appeal Summaries (June 2-6, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

An Update On The Proposed Changes To Ontario's Rules Of Civil Procedure

Canada Litigation

LS

Lenczner Slaght LLP

There Is No Right To Party (Waterloo (City) v. Persons Unknown)

Canada Litigation

GR

Gardiner Roberts LLP

Regional Practice Directions – Scheduling, Filing, And Communicating With The Courts

Canada Litigation

CM

Casey & Moss LLP

AI Legal Ethics: The Case Of Ko v Li

Canada Technology

MT

McCarthy Tétrault LLP

Lawyer Escapes Contempt Consequences After Using AI-generated Case Law (Ko v. Li)

Canada Litigation

GR

Gardiner Roberts LLP

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Banking/ Finance

A Financial Institution Must Live With Its Own Mistake: A Loan With A 0% Interest Rate Is Maintained By The Quebec Court

In Caisse populaire Desjardins d'Aylmer v Roy, the Quebec Court dismissed a claim against two individuals by a financial institution ("CPDA") for payment of interest allegedly due on a loan.

Canada Litigation

ML

McMillan LLP

A Financial Institution Is Condemned To Live With Its Own Mistake: A Loan With A 0% Interest Rate Is Maintained By The Quebec Court

In Caisse populaire Desjardins d'Aylmer v Roy,1 the Quebec Court dismissed a claim against two individuals (the "Debtors") by a financial institution ("CPDA") for payment of interest allegedly due on a loan.

Canada Litigation

ML

McMillan LLP

Check Those Cheques: Is The Payee Plausible?

Companies victimized by cheque fraud from within their own ranks often turn to their banks for recovery.

Canada Litigation

ML

McMillan LLP

For Whom the Bell Tolls: Know Your Limitations

Canada Litigation

C

Cassels

"Not Valid": The Supreme Court Of Canada’s Advisory Opinion In Reference Re Securities Act

Canada Litigation

D

Dentons

BLG Monthly Update - March 2012

Canada Litigation

BL

Borden Ladner Gervais LLP

The Superior Court Applies Restrictive Interpretation To Additional Hypothecs

Canada Litigation

L

Lavery

B.C. Supreme Court Takes First Look At New Secondary Market Liability Provisions

Canada Litigation

ML

McMillan LLP

The Latest Chapter In Litigation Finance – Back From The Brink?

GY

Guild Yule LLP

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Latest Videos

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International Rescue – What You Can Do If Global Supply Chains Break Down (Video)

GW

Gowling WLG

Class Actions In Canada: Hot Topics Shaping Tech Litigation (Video)

F

Fasken

Les actions collectives au Canada : les sujets d'actualité qui façonnent les litiges dans le secteur des technologies (Video)

FF

Fasken (French)

Podcast: Breaking Down The Dollars. The Real Value Of General Damages In Civil Litigation (Video)

NL

Nelligan Law

What Makes A Case Historic? (Video)

BD

Burnet, Duckworth & Palmer LLP

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