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.

Parties to litigation can expect that particulars of the advice they have received from counsel will remain privileged in most instances. However, there are times when a party, through its actions or its pleadings...

As AI has reached a stage of ubiquity, some authors have heralded it as a transformative form of technology akin to electricity and the invention of the steam engine.

Gavin and Stephen examine the Waterloo homeless encampment decision as a major example of courts moving beyond traditional Charter review and into the realm of public policy design.

Les propriétaires de marques de commerce disposent de plusieurs options pour lutter contre l'utilisation non autorisée de leur marque dans des noms de domaine, allant de l'intervention du registraire à l'arbitrage rapide et aux procédures judiciaires formelles. Le choix du mécanisme approprié dépend des circonstances particulières du différend, de la nature de la contrefaçon et des objectifs stratégiques du propriétaire de la marque.

Gavin and Stephen examine the Waterloo homeless encampment decision as a major example of courts moving beyond traditional Charter review and into the realm of public policy design.

As AI has reached a stage of ubiquity, some authors have heralded it as a transformative form of technology akin to electricity and the invention of the steam engine.

The recent decision in R. v. Sloka has raised difficult questions about how the justice system responds to allegations of sexual assault in medical settings where there is a clear power imbalance. This case highlights the challenges of addressing allegations of sexual violence in professional settings, where trust, vulnerability, and authority intersect...

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...