Canada: Court Procedure

Subscribe
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
CBSA Investigating Steel Racks From China
The Canada Border Services Agency has launched an anti-dumping investigation into steel racks imported from China, which could result in additional duties that significantly increase costs for Canadian importers. This investigation, running parallel to a Canadian International Trade Tribunal injury inquiry, offers affected parties critical opportunities to participate and potentially obtain favorable Normal Values or request product exclusions.
Worldwide International
MK
Millar Kreklewetz
Article
Ex Parte, Not Carte Blanche: The FCA Pushes Back On Overbroad Section 11 Requests
The Federal Court of Appeal recently upheld limits on the Competition Bureau's investigative powers, ruling that production orders under the Competition Act must be reasonable in scope and cannot be excessively broad or burdensome. This decision arose from the Bureau's investigation into Amazon's handling of fake product reviews, where the court rejected a data request covering billions of products as insufficiently justified and disproportionate.
Canada Anti-trust
MT
McCarthy Tétrault LLP
Article
Beyond “Exceptional Circumstances”: Raising Limitations Defences At Certification
Recent Canadian case law demonstrates that limitation defences are no longer categorically off-limits at class action certification. Courts will now engage with limitations arguments where they expose fundamental deficiencies in the proposed proceeding, potentially narrowing class definitions, defeating certification entirely, or informing preferability analyses—though fact-intensive disputes remain reserved for summary judgment or trial.
Canada Litigation
MT
McCarthy Tétrault LLP
See more