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.

Classic Car-ma: The Court Of Appeal's Approach To Rare Property

What happens when a trusted family friend sells off a priceless vintage Corvette — not just any car, but a labour of love? The recent Ontario Court of Appeal decision in Kew Estate v. Konarski...

Canada Litigation

SB

SBA Lawyers LLP

SCC To Consider Spoliation: Remedies For Document Destruction

The Supreme Court of Canada granted leave in a case that could clarify spoliation remedies, and particularly where a party destroys or refuses to produce documents relevant to damages.

Canada Litigation

AG

Affleck Greene McMurtry LLP

Changes To Alberta's Auto Insurance vs. Ontario's Current System

Alberta has announced a major change to the province's auto insurance system, which is set to roll out across Alberta by 2027.

Canada Litigation

MO

McLeish Orlando LLP

Ontario Court Of Appeal Addresses The Duty To Warn And Declines To Certify Claims For Pure Economic Loss In A Product Liability Class Action

In North v. Bayerische Motoren Werke AG, 2025 ONCA 340 the Ontario Court of Appeal addresses the limits of claims for pure economic loss in product liability cases.

Canada Litigation

MT

McCarthy Tétrault LLP

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

Canada Litigation

CM

Casey & Moss LLP

Interpreting Time Requirements In Dispute Resolution Clauses

Canada Litigation

OH

Osler, Hoskin & Harcourt LLP

Integrity In Legal Practice: Lessons From Ko v. Li And Reaffirmation Of Our Commitment At Lerners

Canada Litigation

LL

Lerners LLP

Keep Social Media Private

Canada Litigation

WG

Watson Goepel LLP

Supreme Court To Hear Appeal In Democracy Watch v. Attorney General Of Canada: Implications For Judicial Review And Legislative Sovereignty

Canada Litigation

F

Fasken

What To Do After A Motorcycle Accident: Legal Steps Every Ontario Rider Should Know

Canada Litigation

MO

McLeish Orlando LLP

What Is A Dependant? – Okenge v. Certas Home And Auto Insurance Company, 2025 ONLAT 23-008696/AABS

Canada Litigation

MO

McLeish Orlando LLP

The SCC Leave Project: Predictions For May 29, 2025

Canada Litigation

LS

Lenczner Slaght LLP

Which Decisions Are Binding On What Court And When? The Impact Of Stare Decisis

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

Moo-Ving Past Negligence: Court Dismisses Negligence Claim Without Evidence Of Breach

Canada Litigation

SB

SBA Lawyers LLP

U.S. Tariffs Expose Vulnerability Of Canada's Manufacturing Sector

Canada Commercial

RS

RSM Canada

RSM US Supply Chain Special Report 2025: U.S. And Canada

Canada International

RS

RSM Canada

Increased LIFE Offering Limits And Other Measures To Support The Competitiveness Of Canada's Capital Markets And Help Companies Grow Introduced By Canadian Securities Regulators

Canada Commercial

C

Cassels

2025 Mid-Year Update: Five Privacy Law Developments

TM

Torkin Manes LLP

"How Can We Help?" Considering Accommodation For Persons With Disabilities In Workplace Investigations

Canada Employment

RT

Rubin Thomlinson LLP

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.

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

This article is part of our 2025 Privacy Breach Insights series, designed to help companies navigate the evolving privacy breach landscape.

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

Access To Information

OH

Osler, Hoskin & Harcourt LLP

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Arbitration & Dispute Resolution

Interpreting Time Requirements In Dispute Resolution Clauses

In a recent decision, J.P. Thomson Architects Ltd. v. Greater Essex County District School Board, the Court of Appeal for Ontario clarified the interpretation of a dispute resolution...

Canada Litigation

OH

Osler, Hoskin & Harcourt LLP

The SCC Leave Project: Predictions For May 29, 2025

Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on May 29, 2025.

Canada Litigation

LS

Lenczner Slaght LLP

Court Of Appeal Summaries (May 19 – 23, 2025)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 19 to 23, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

Alberta's Public Works Act Explained: Key Processes For Contractors And Subcontractors

Canada Real Estate

MT

McCarthy Tétrault LLP

Québec Introduces New Changes To Labour Laws

Canada Employment

L,

Langlois Lawyers, LLP

La Cour d'appel renforce l'autonomie du droit québécois et priorise la stabilité et l'efficacité des processus de restructuration sous la LACC à l'arbitrage

Canada Insolvency

FF

Fasken (French)

L'incidence réelle des délais sur l'administration de la preuve : quand le temps efface les preuves dans des litiges complexes

Canada Litigation

BL

Borden Ladner Gervais LLP

A Single Québec Appellate Court Judge Can Summarily Annul a Superior Court Judgment — Important Lessons from Autorité des marchés publics c. Valosphère environnement Inc.

Canada Litigation

F

Fasken

Factum Containing Fake Case Law Likely Generated By AI Submitted In Ontario Litigation (Ko v. Li)

Canada Technology

GR

Gardiner Roberts LLP

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Court Procedure

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

When it comes to scheduling a date with the courts and subsequently serving and filing materials, you must first consult your region's Practice Directions.

Canada Litigation

CM

Casey & Moss LLP

AI Legal Ethics: The Case Of Ko v Li

In a prior blog post, AI Hallucinations Lawyers: Understanding the Risks: Ko v Li, I summarized the folly of a Toronto lawyer who was reprimanded by an Ontario judge for citing non-existent cases in a legal brief.

Canada Technology

MT

McCarthy Tétrault LLP

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

In a follow up to the decision we discussed in Factum containing fake case law likely generated by AI submitted in Ontario litigation (Ko v. Li)...

Canada Litigation

GR

Gardiner Roberts LLP

Big News For Small Claims – Increase In Monetary Jurisdiction For Small Claims Court

Canada Litigation

LL

Lerners LLP

The Doctrine Of Abuse Of Process In An Aboriginal Law Context: Case Comment On Saskatchewan (Environment) v. Métis Nation – Saskatchewan, 2025 SCC 4

Canada Government

ML

McKercher LLP

Court Of Appeal Summaries ( May 12 – May 16, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Factum Containing Fake Case Law Likely Generated By AI Submitted In Ontario Litigation (Ko v. Li)

Canada Technology

GR

Gardiner Roberts LLP

Wagg Motions: Reforms Needed To Stop Delays And Unnecessary Costs When Accessing Criminal Records For Civil Sexual Assault Proceedings

Canada Litigation

LL

Lerners LLP

Use Of Fake Cases By A Lawyer Qualifies Quite Clearly As Professional Misconduct (R. (Ayinde) v. The London Borough Of Haringey)

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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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

Is It An "Accident"? A Roadmap Of The Latest Decisions (Video)

SB

SBA Lawyers LLP

What Makes A Case Historic? (Video)

BD

Burnet, Duckworth & Palmer LLP

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