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.

Ontario's Civil Litigation Shake-Up: Three Proposed Rule Changes Insurance Claims Professionals Should Know

Significant changes may soon be coming to Ontario's Rules of Civil Procedure. The Civil Rules Review Working Group's Phase Two Consultation Paper proposes...

Canada Litigation

BM

Blaney McMurtry LLP

The SCC Leave Project: Predictions For September 18, 2025

Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on September 18, 2025.

Canada Litigation

LS

Lenczner Slaght LLP

Developer's $300,000 Lawsuit Against Student For Complaints To City SLAPPed Down

Roy moved to have the proceeding thrown out as a SLAPP suit, and on May 13, 2025, Justice Mandhane of the Ontario Superior Court of Justice agreed, dismissing the proceeding as a "gag suit" aimed at intimidating Roy into silence, and awarding full-indemnity costs and damages to him

Canada Litigation

DA

DMG Advocates

Is Your Arbitration Clause Abusive? The Québec Court Of Appeal's Decision Hydro-Québec v. Terrassement St-Louis Inc., Examines The Scope Of Such Clauses In A Contract Of Adhesion

The recent decision by the Québec Court of Appeal in a case between Terrassement St-Louis Inc. (hereinafter "Terrassement") and a Crown corporation raises issues regarding access to justice.

Canada Litigation

GW

Gowling WLG

Court Of Appeal Summaries (September 8 – 12, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Standstill Agreement: Alberta Decision Finds Advance In Coverage Action Constitutes Advance In Main Action

Canada Litigation

BL

Borden Ladner Gervais LLP

Protecting Project Value: Using Dispute Resolution Mechanisms To Keep Projects On Track And Manage Cost Risk

Canada Litigation

TL

Torys LLP

Trauma-Informed Practices In Class Action Claims Administration

Canada Litigation

HS

Howie, Sacks & Henry LLP

Deane v. Canada Post: Critical Drip Pricing Class Certification Decision Is On Appeal

Canada Litigation

MT

McCarthy Tétrault LLP

Summary Dismissal Denied: ABCA Upholds Need For Full Trial In Construction Hazard Case

Canada Litigation

SV

Scott Venturo Rudakoff LLP

Hawreschuk v. Condominium Plan No. 782 2678: Guidance On Rule 4.33 And Judicial Duty To Self-Represented Parties

Canada Litigation

SV

Scott Venturo Rudakoff LLP

Back To School, Back To Court? In-person Interventions At The Supreme Court

Canada Litigation

LL

Lerners LLP

Limitation Periods For Product Liability Claims - Statute Of Limitations vs. Statute Of Repose

Canada Litigation

SV

Scott Venturo Rudakoff LLP

Liability First, Repairs Later: Case Comment On Murray v. Windsor Brunello

Canada Litigation

WT

Whitelaw Twining

Canada-U.S. Trade: Canada Rolls Back Retaliatory Tariffs On CUSMA-Compliant Goods, Matching Current U.S. Approach

TL

Torys LLP

No Salary, No Problem – The Use Of Dividends In Small Businesses To Reduce Tax Liability

DS

Devry Smith Frank LLP

Investment Opportunities In Canada: The Best Businesses To Start And Invest In.

Canada Immigration

S

Sobirovs Law Firm

Le Canada retire les tarifs douaniers sur certaines marchandises américaines

Canada International

BC

Blake, Cassels & Graydon LLP

US Suspends De Minimis Duty-Free Treatment

Canada International

MK

Millar Kreklewetz

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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.

Selective Disclosure = Full Exposure: BC Court Expands Privilege Waiver In Coverage Case

The Insurer's ‘liberal' approach to document production opened the door to wider waiver of privilege in Pacific Sands Beach Resort v. Co-Operators General Insurance Company, 2025 BCSC 858.

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

AI Notetaking In The Legal And Business Context: Does It Risk Confidentiality Or Privilege?

As businesses modernize, many are turning to artificial intelligence (AI) tools to increase productivity and lower costs. One such tool is AI notetaking—automated meeting transcriptions...

Canada Technology

BJ

Bennett Jones LLP

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

Canada Insurance

MA

MLT Aikins LLP

Sexual Abuse Survivors Beware — The Defamation Risk

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

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Arbitration & Dispute Resolution

Ontario's Civil Litigation Shake-Up: Three Proposed Rule Changes Insurance Claims Professionals Should Know

Significant changes may soon be coming to Ontario's Rules of Civil Procedure. The Civil Rules Review Working Group's Phase Two Consultation Paper proposes...

Canada Litigation

BM

Blaney McMurtry LLP

How Does My Child Get A Lawyer In A Family Law Dispute?

Law360 Canada (September 15, 2025, 2:44 PM EDT) -- Let's talk about something that often comes up in family law disputes — can a child have their own lawyer?

LL

Lerners LLP

Reducing Dispute Risk In Construction Projects: The Role Of Experts

Involving experts early and thoughtfully in construction projects is critical to mitigating disputes and achieving successful outcomes.

Canada Real Estate

BC

Blake, Cassels & Graydon LLP

Is Your Arbitration Clause Abusive? The Québec Court Of Appeal's Decision Hydro-Québec v. Terrassement St-Louis Inc., Examines The Scope Of Such Clauses In A Contract Of Adhesion

Canada Litigation

GW

Gowling WLG

Protecting Project Value: Using Dispute Resolution Mechanisms To Keep Projects On Track And Manage Cost Risk

Canada Litigation

TL

Torys LLP

Adoption du projet de loi 89 : Vers une considération accrue des besoins de la population lors de grève ou de lock-out

Canada Employment

BL

Borden Ladner Gervais LLP

Passage Of Bill 89: Giving Greater Consideration To The Public's Needs During Strikes And Lock-outs

Canada Employment

BL

Borden Ladner Gervais LLP

Random Testing Goes Nuclear: SCC Dismisses Application For Leave To Appeal Decision Upholding Random Drug And Alcohol Testing As Constitutional

Canada Employment

DA

DMG Advocates

Ontario Court Of Appeal Finds Stepped Dispute Clause Does Not Bar Arbitration

Canada Litigation

BC

Blake, Cassels & Graydon LLP

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Court Procedure

Ontario's Civil Litigation Shake-Up: Three Proposed Rule Changes Insurance Claims Professionals Should Know

Significant changes may soon be coming to Ontario's Rules of Civil Procedure. The Civil Rules Review Working Group's Phase Two Consultation Paper proposes...

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Summaries (September 8 – 12, 2025)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of September 8, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

Inference Of Dissipation Not Automatic When Considering Suitability Of Mareva Injunction

In fraud claims, plaintiffs are often concerned that defendants will dissipate assets beyond the court's reach. While the Mareva injunction, which freezes assets, is a useful (and, sometimes, essential) tool, the legal bar remains exceptionally high.

Canada Criminal

DA

DMG Advocates

Court Of Appeal Summaries (September 1 – September 5)

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Summaries (August 25 – August 29)

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Summaries (August 11 – 15, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

No Putting Off Until Tomorrow: Ontario Court Of Appeal Again Unwilling To Tolerate Delay, This Time For Applications

Canada Litigation

MT

McCarthy Tétrault LLP

Court Of Appeal Summaries (July 21-25, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Summaries (July 14-18, 2025)

Canada Litigation

BM

Blaney McMurtry 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 Canada LLP

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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Marco P. Falco Featured In Coffee With Convery Podcast

TM

Torkin Manes LLP

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

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