Canada: Litigation, Mediation & Arbitration

The British Columbia Supreme Court decision in Lewis v. WestJet Airlines Ltd. (2025 BCSC 1565) clarifies the circumstances under which accountants' work may be protected by legal privilege.

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.

The growing use of generative Artificial Intelligence is undeniable. According to Justice Rakoff of the United States District Court of the Southern District of New York...

In a recent decision, the Superior Court (the “Court”) set aside an arbitration award after finding that a transport company (the “Employer”) had lawfully dismissed a commercial freight truck driver for driving while intoxicated and causing a serious accident. In the Court’s view, despite the driver’s disability due to alcohol addiction, her dismissal did not breach the Employer’s duty to provide reasonable accommodation.

The purpose of this bulletin, the ninth in our “Dispute Resolution Clauses - Two Minute Drafting Tips” series, is to provide parties involved in negotiating commercial agreements with quick, actionable tips for crafting effective dispute resolution clauses. This bulletin explains why drafting a contract to include both an “attornment” clause and an arbitration clause can lead to problems in the event of a dispute.

In December 2025, the Superior Court of Quebec dismissed an application that sought to end a C$600-million lawsuit...

Plea-bargain agreements form an integral part of our criminal justice system as they aide the amicable resolution of criminal cases. These agreements are not foreign in labour matters...

In television dramas, lawsuits often appear to move at an unrealistic pace, with a claim filed one day and the parties appearing in court the next.

In Lalli v Lalli, the Court allowed an appeal from the trial judge's dismissal of a resulting trust claim. The dissent would have dismissed the appeal.

In January 2025, former Federal Minister of Health, the Honourable Mark Holland, released a Letter to provinces and territories on the importance of upholding the Canada Health Act – 2025. We wrote about it here.

In Sienna v. Duckett, 2025 ONCA 867, the Court of Appeal allowed the plaintiffs leave to amend their claim against the Attorney General of Canada relating...

Plea-bargain agreements form an integral part of our criminal justice system as they aide the amicable resolution of criminal cases. These agreements are not foreign in labour matters...