Canada: Arbitration & Dispute Resolution

Earn-out clauses have become increasingly popular in M&A transactions, particularly during periods of economic uncertainty, as they help bridge valuation gaps between buyers and sellers by tying a portion of the purchase price to post-closing performance. While these arrangements offer flexibility and risk-sharing benefits, they also present significant challenges in terms of metric selection, structural design, and potential litigation.

Patent trials are rarely just about the hard science of an underlying claim. They are human dramas with two competing storylines, where the Court must decide not only what the science shows, but whether the people explaining that science can be trusted.

The Ontario Court of Appeal has released its first annual report in over a decade, revealing critical insights about civil appeal timelines, success rates, and procedural trends. With civil appeals taking an average of 13 months to resolve and only one in four succeeding, the report provides essential data for parties considering appellate litigation. The analysis also highlights the growing presence of self-represented litigants and the court's ongoing digital transformation efforts.