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.
Article
Time’s Up: Ontario Court Of Appeal Clarifies That If A Continuing Tort Claim Is Dismissed For Delay, The New Damages May Not Give Rise To A New Cause Of Action
The Ontario Court of Appeal examined whether a plaintiff could bring a second claim for coal tar contamination after its first action was dismissed for delay, raising critical questions about the abuse of process doctrine and continuing torts. The decision addresses the intersection of procedural fairness, litigation delay, and the finality of court dismissals in the context of environmental contamination claims.
Canada Litigation
BB
Babin Bessner Spry LLP
Article
Interest On Litigation Loans – Selleck V. Stanutz (Estate) Et Al., 2026 ONSC 4219
When settlement funds are unreasonably delayed after a personal injury case resolves, should plaintiffs be forced to continue paying high-interest litigation loan charges? An Ontario Superior Court decision examines whether defendants can be held responsible for post-settlement financing costs when payment is substantially delayed, potentially opening a narrow avenue for recovery in cases involving prolonged fund releases.
Canada Litigation
MO
McLeish Orlando LLP
Article
Behemoth B.C. Case Delivers A Blizzard Of Professional Negligence Findings
A British Columbia Supreme Court case examines how a seemingly minor pleading error in a $30 million settlement led to a decade-long legal battle, resulting in findings of professional negligence, breach of fiduciary duty, and breach of contract against the lawyer responsible. The court's analysis explores the boundaries of lawyer liability, client responsibility, and the duty of candor when mistakes occur in high-stakes commercial litigation.
Canada Litigation
GR
Gardiner Roberts LLP
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Disclosure & Electronic Discovery & Privilege

Article
The Supreme Court Of Canada Affirms Mandatory Adverse Inference For Spoliation
After more than a century, the Supreme Court of Canada has revisited the evidentiary doctrine of spoliation and the available remedies in SS&C Technologies Canada Corporation v. Bank of New York Mellon Corporation, 2026 SCC 29 (SS&C). The Court described spoliation as “the intentional destruction, alteration, mutilation or concealment of evidence with a view to subverting the truth-finding process during litigation”.
Canada Litigation
BJ
Bennett Jones LLP
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Arbitration & Dispute Resolution

Article
Federal Court’s Decision Is Not A Wash
A Federal Court decision dismissed a patent infringement claim involving detergent formulations packaged in water-soluble film, finding problems with the plaintiff's experimental evidence and expert testimony. The court also invalidated certain patent claims for insufficient disclosure, ruling that the inventor failed to reveal which formulations succeeded or failed during the patent application process.
Canada IP
OW
Oyen Wiggs Green & Mutala LLP
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Court Procedure

Article
Time’s Up: Ontario Court Of Appeal Clarifies That If A Continuing Tort Claim Is Dismissed For Delay, The New Damages May Not Give Rise To A New Cause Of Action
The Ontario Court of Appeal examined whether a plaintiff could bring a second claim for coal tar contamination after its first action was dismissed for delay, raising critical questions about the abuse of process doctrine and continuing torts. The decision addresses the intersection of procedural fairness, litigation delay, and the finality of court dismissals in the context of environmental contamination claims.
Canada Litigation
BB
Babin Bessner Spry LLP
Article
Interest On Litigation Loans – Selleck V. Stanutz (Estate) Et Al., 2026 ONSC 4219
When settlement funds are unreasonably delayed after a personal injury case resolves, should plaintiffs be forced to continue paying high-interest litigation loan charges? An Ontario Superior Court decision examines whether defendants can be held responsible for post-settlement financing costs when payment is substantially delayed, potentially opening a narrow avenue for recovery in cases involving prolonged fund releases.
Canada Litigation
MO
McLeish Orlando LLP
Article
Federal Court’s Decision Is Not A Wash
A Federal Court decision dismissed a patent infringement claim involving detergent formulations packaged in water-soluble film, finding problems with the plaintiff's experimental evidence and expert testimony. The court also invalidated certain patent claims for insufficient disclosure, ruling that the inventor failed to reveal which formulations succeeded or failed during the patent application process.
Canada IP
OW
Oyen Wiggs Green & Mutala LLP
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Sovereign Immunity: Public Sector Government

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Latest Videos

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