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.

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

On May 29, 2025, the Supreme Court of Canada dismissed the application for leave to appeal from the judgment of the Federal Court of Appeal ("FCA") in Power Workers' Union v. Canada (Attorney General), 2024 FCA 182, which upheld the constitutionality of mandatory drug and alcohol testing requirements for nuclear workers in safety-critical positions.

Canada Litigation

DA

DMG Advocates

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 Litigation

DA

DMG Advocates

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

In Murray v Windsor Brunello Ltd, 2024 ABKB 281 ("Murray"), the Alberta Court of King's Bench ruled that the home owners' decision to hold off on beginning remediation work...

Canada Litigation

WT

Whitelaw Twining

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

In J.P. Thomson Architects Ltd. v. Greater Essex County District School Board (Thomson v. Essex School Board), the Court of Appeal for Ontario found that a "stepped" dispute resolution clause did not bar recourse to...

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Lessons Learned While Walking My Dog

Canada Litigation

LL

Lerners LLP

Statistically Significant, Or It Didn't Happen? Corrective Disclosure Under The Securities Act

Canada Litigation

LS

Lenczner Slaght LLP

Principes essentiels régissant le droit des fiducies : Edmonton Regional Airports Authority c. Lynx Air Holdings Corporation

Canada Litigation

MT

Miller Thomson LLP

Disbarred Lawyer's Claim Against Bank Dismissed (Murray v. The Toronto-Dominion Bank)

Canada Litigation

GR

Gardiner Roberts LLP

L'arrêt Collège des médecins du Québec c. Maison Jacynthe – Interprétation de l'article 32 et exercice illégal de la médecine

Canada Litigation

MT

McCarthy Tétrault LLP

A Cautionary Tale For Farm Succession Planning: Metske v Metske, 2025 ONCA 418

Canada Litigation

LL

Lerners LLP

Tort Of Human Trafficking In Ontario

Canada Litigation

SL

Siskinds LLP

Good Change: Amendments To The Rules For Settlement Approval Motions For Parties Under Disability

Canada Litigation

CM

Casey & Moss LLP

Neither All Nor Nothing? Navigating The Complexity Of Witness Credibility

Canada Litigation

WL

WeirFoulds LLP

Marco P. Falco Featured In Coffee With Convery Podcast

Canada Litigation

TM

Torkin Manes LLP

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

DS

Devry Smith Frank LLP

Court Of Appeal Summaries (August 25 – August 29)

Canada Litigation

BM

Blaney McMurtry LLP

Ontario Court Of Appeal Clarifies Jurisdiction Over Global Crypto Platforms

Canada Technology

OH

Osler, Hoskin & Harcourt LLP

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

TL

Torys LLP

Canada Removes Tariffs On U.S. Goods

Canada International

BC

Blake, Cassels & Graydon LLP

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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 Court Of Appeal Finds Stepped Dispute Clause Does Not Bar Arbitration

In J.P. Thomson Architects Ltd. v. Greater Essex County District School Board (Thomson v. Essex School Board), the Court of Appeal for Ontario found that a "stepped" dispute resolution clause did not bar recourse to...

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Enforceability Of Limitation Periods Embedded In Multi-tier Dispute Resolution Clauses – The Court Of Appeal For Ontario Takes A View

The case concerns the interpretation of a standard form construction contract between the Minister of Transportation (MTO) and J&P Leveque Bros. Haulage Ltd.

Canada Real Estate

WT

Whitelaw Twining

Mediation Of Construction Liability Claims In Toronto: A Practical, Cost-Effective Path Forward

Construction liability claims are among the most complex and contentious disputes in the legal landscape. They often involve multiple parties, including owners, contractors, subcontractors, consultants...

Canada Real Estate

WT

Whitelaw Twining

Le gouvernement du Québec adopte le Règlement sur les paiements et le règlement rapides des différends en matière de travaux de construction

Canada Real Estate

MT

McCarthy Tétrault LLP

Marco P. Falco Featured In Coffee With Convery Podcast

Canada Litigation

TM

Torkin Manes LLP

Canada Litigation

LS

Lenczner Slaght LLP

Bluesky Rolls Out New Community Guidelines

Canada Technology

GL

Goodmans LLP

Legal Pulse - Summer 2025

Canada Real Estate

RA

Robins Appleby LLP

Political Or Judicial: Insights From Fair Voting BC v. Canada (Attorney General)

Canada Litigation

F

Fasken

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Court Procedure

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 Litigation

DA

DMG Advocates

Court Of Appeal Summaries (September 1 – September 5)

In Terry Longair Professional Corporation v. Akumin Inc., the Court upheld the certification of a class action against a public company and its officers for alleged misrepresentations...

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Summaries (August 25 – August 29)

R.L. v. M.F. involved a dispute over spousal support following the end of an over 14-year marriage in which both the husband and wife were high income earners.

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

Artificial Advocacy: How Canadian Courts And Legislators Are Responding To Generative AI

Canada Technology

OH

Osler, Hoskin & Harcourt LLP

Updated Rules Of Civil Procedure: "Obligation To Promptly Disclose" A Partial Settlement Agreement And The Immediacy Of Disclosure

Canada Litigation

AB

Aird & Berlis 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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