Canada: Court Procedure

Many people delay taking legal action after an assault because of trauma, fear, ongoing criminal proceedings, or simply not knowing their legal rights. Understanding the limitation period for assault claims in British Columbia is essential if you’re considering seeking compensation through a civil lawsuit

An Ontario court ruled that arbitration agreements containing "final and binding" language may prevent parties from appealing legal errors made by arbitrators. The decision examines how a $3 million construction dispute was resolved through arbitration, and why the losing party could not challenge the arbitrator's legal mistakes despite their significant financial impact.

A U.S. appeals court has unanimously overturned certification of a securities class action against Boeing, establishing that plaintiffs must demonstrate a workable, class-wide damages methodology at the certification stage. This decision reinforces heightened standards for class certification that parallel evolving requirements in Canadian securities litigation, where courts increasingly demand concrete evidence and specific liability theories before approving class actions.

When garnishment isn't enough to recover a debt, initiating a land sale offers a powerful enforcement remedy. This guide walks through the detailed process of preparing for and executing a sheriff's sale of a debtor's property, from the mandatory waiting period to gathering essential documentation like parcel registers, mortgage statements, and certified appraisals.

The Alberta Court of King's Bench has confirmed its jurisdiction to grant injunctive relief against the Alberta Energy Regulator despite a broadly worded statutory privative clause. This landmark decision, arising from Sumerian Oil & Gas's application to stay a suspension order affecting approximately 900 wells, represents one of the first considerations of the Supreme Court of Canada's recent Democracy Watch ruling and may significantly impact future disputes involving AER orders.

British Columbia's Money Judgment Enforcement Act promises to revolutionize debt collection by creating a centralized registry and empowering civil enforcement officers with expanded seizure authority. While the 2023 legislation was expected in 2025, creditors and debtors alike need to understand how these sweeping changes will transform the enforcement landscape once implemented.

When a judgment debtor relocates from Alberta to Ontario with assets in the new province, creditors face specific procedural requirements to enforce their judgment. Ontario's Reciprocal Enforcement of Judgments Act provides a framework for registration, but creditors must navigate service requirements, statutory exceptions, and strict time limitations to successfully enforce their out-of-province judgments.

A lawyer successfully obtained an interim injunction to remove defamatory social media posts after a defendant orchestrated a campaign of online harassment, including review bombing and anti-Semitic attacks. The Ontario court found a strong prima facie case of internet harassment and ordered the removal of offending content, balancing freedom of expression against irreparable harm to the lawyer's professional reputation and family safety.

The Human Rights Tribunal of Ontario has implemented sweeping procedural changes to address its notorious backlog and accessibility concerns.