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.

May Is Motorcycle Safety Awareness Month: A Lawyer's Perspective

In Ontario, few communities feel the pulse of motorcycle culture like Port Dover — especially on a Friday the 13th.

Canada Litigation

LL

Lerners LLP

From Court To Contract: Navigating Recent Supreme Court And Appellate Decisions

Recent Canadian case law is reshaping how legal drafters should approach contractual clauses. Key decisions, including rulings from the Supreme Court of Canada and appellate courts in British Columbia, Alberta, Ontario...

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Interpreting Insurance Coverage: Lessons From SureFire Dividend Capture LP v Berkshire Hathaway

The recent decision in Surefire Dividend Capture, LP v. Berkshire Hathaway, offers insights into insurance coverage disputes and the interpretation of fidelity bonds, especially when multiple insureds are involved.

Canada Litigation

WG

Watson Goepel LLP

Conflit d'intérêts dans l'administration d'une succession : ce que l'affaire Virdi Estate (Re) enseigne aux exécuteurs testamentaires

Lorsque dynamique familiale et administration de succession s'entrechoquent, les conséquences peuvent être complexes, tant sur le plan émotionnel que juridique.

Canada Litigation

MT

Miller Thomson LLP

Choosing The Seat For Your Next Arbitration: The Case For Canada

Canada Litigation

F

Fasken

Wagg Motions: Reforms Needed To Stop Delays And Unnecessary Costs When Accessing Criminal Records For Civil Sexual Assault Proceedings

Canada Litigation

LL

Lerners LLP

No Harm, No Foul, No Class: Ontario Court Of Appeal Denies Certification In Pure Economic Loss Case

Canada Litigation

TL

Torys LLP

A Product Cannot Damage Itself: Ontario Court Of Appeal Sets Aside Certification Of Motor Vehicle Engine Class Action

Canada Litigation

BJ

Bennett Jones LLP

"Mere Opportunity" Is Not Sufficient To Ground A Finding Of Vicarious Liability

Canada Litigation

BL

Borden Ladner Gervais LLP

British Columbia Bill 4 Targeting Class Action Waivers And Arbitration Clauses Receives Royal Assent

Canada Litigation

BJ

Bennett Jones LLP

More Than Mere Opportunity: BC Court Of Appeal Reaffirms Strong Connections Test For Vicarious Liability

Canada Litigation

AH

Alexander Holburn Beaudin + Lang LLP

Use Of Fake Cases By A Lawyer Qualifies Quite Clearly As Professional Misconduct (R. (Ayinde) v. The London Borough Of Haringey)

Canada Litigation

GR

Gardiner Roberts LLP

When Myths And Stereotypes Mean Inadmissibility: Lawmakers Take Action!

Canada Litigation

L,

Langlois Lawyers, LLP

New Amendments To Rules 7.08 And 49 – What Ontario Litigants And Lawyers Need To Know

Canada Litigation

MO

McLeish Orlando LLP

New Sick Leave Rules Coming Soon: What BC Employers Need To Know

Canada Employment

ML

McMillan LLP

Avantage Concurrentiel Par Blakes : Mise À Jour D'avril 2025

Canada Anti-trust

BC

Blake, Cassels & Graydon LLP

Employer Due Diligence Required for Employee Use of Generative AI at Work

Canada Technology

MR

McLennan Ross LLP

Canadian Securities Regulators Implement Changes To Support Capital Markets

Canada Commercial

TM

Torkin Manes LLP

Employers In Ontario: Be Aware Of Upcoming New Employer Requirements

Canada Employment

WL

WeirFoulds LLP

Disclosure & Electronic Discovery & Privilege

Tax Court Rejects The CRA's Attempt To Obtain Documents Protected By Solicitor-Client Privilege: Stack v The King, 2024 TCC 137

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.

Canada Litigation

RS

Rotfleisch & Samulovitch P.C.

Sexual Abuse Survivors Beware — The Defamation Risk

Two adult sisters accuse their uncle of sexually assaulting them as young children through spoken words and emails sent to family members. The uncle successfully sues them for defamation.

Canada Litigation

LL

Lerners LLP

Protecting Privilege In Privacy Breach Investigations: 2025 Privacy Breach Insights – Part 4

This article is part of our 2025 Privacy Breach Insights series, designed to help companies navigate the evolving privacy breach landscape.

MT

McCarthy Tétrault LLP

Lawyer Did Not Breach Privilege By Disclosing Confidential Email To Former Clients' Trustee In Bankruptcy (Milot Law v. Sittler)

Canada Insolvency

GR

Gardiner Roberts LLP

Defamation In Academia: A Legal And Practical Limit On Academic Freedom

Worldwide Litigation

WL

WeirFoulds LLP

Estate Administration And The Issue Of Privilege

LK

Lindsay Kenney LLP

Reminder: Accountant-Client Privilege Does Not Exist

Canada Litigation

D

Dentons

Lawyer's Letter Protected From Defamation Claim By Absolute Privilege (Neve v. Adams)

Canada Litigation

GR

Gardiner Roberts LLP

Access To Information

OH

Osler, Hoskin & Harcourt LLP

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Arbitration & Dispute Resolution

How The Mutual Agreement Procedure (MAP) Can Help Businesses And Individuals Resolve Cross-Border Tax Problems, Plus Tips From Canadian Tax Lawyer

Cross-border tax issues have become more and more common for Canadian taxpayers, whether they are individuals or corporations, as a quarter of the Canadian population is now immigrants.

RS

Rotfleisch & Samulovitch P.C.

Consent In The Clinic: What Informed Consent Really Means

For any practising veterinarian, obtaining informed consent is an important step before proceeding with an important treatment, especially surgery.

Canada Insurance

AH

Alexander Holburn Beaudin + Lang LLP

From Court To Contract: Navigating Recent Supreme Court And Appellate Decisions

Recent Canadian case law is reshaping how legal drafters should approach contractual clauses. Key decisions, including rulings from the Supreme Court of Canada and appellate courts in British Columbia, Alberta, Ontario...

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Choosing The Seat For Your Next Arbitration: The Case For Canada

Canada Litigation

F

Fasken

Updated Policies And Procedures – Surrogate Case Conferences

BM

Bishop & McKenzie

New Regulation On Complaint Handling In Québec's Financial Sector

BL

Borden Ladner Gervais LLP

British Columbia Bill 4 Targeting Class Action Waivers And Arbitration Clauses Receives Royal Assent

Canada Litigation

BJ

Bennett Jones LLP

More Than Mere Opportunity: BC Court Of Appeal Reaffirms Strong Connections Test For Vicarious Liability

Canada Litigation

AH

Alexander Holburn Beaudin + Lang LLP

Upending The Ground Rules: Proposed Major Overhaul Of The Ontario Rules Of Civil Procedure

Canada Litigation

BJ

Bennett Jones LLP

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Court Procedure

Wagg Motions: Reforms Needed To Stop Delays And Unnecessary Costs When Accessing Criminal Records For Civil Sexual Assault Proceedings

A question that often arises in civil sexual assault proceedings is how to gain access to evidence collected for the purpose of a related criminal proceeding.

Canada Litigation

LL

Lerners LLP

Use Of Fake Cases By A Lawyer Qualifies Quite Clearly As Professional Misconduct (R. (Ayinde) v. The London Borough Of Haringey)

We have written several blogs about the use of fakes cases by lawyers to support arguments made in court. Among those blogs is the one published this week by my colleague, James Cook...

Canada Litigation

GR

Gardiner Roberts LLP

New Amendments To Rules 7.08 And 49 – What Ontario Litigants And Lawyers Need To Know

The Rules of Civil Procedure are the foundation of Ontario's civil justice system.

Canada Litigation

MO

McLeish Orlando LLP

"Status Quo Is Not An Option": Phase 2 Consultation Paper Published For Ontario Civil Rules Review

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Rules Of Engagement: Ontario Civil Rules Review Proposes Overhaul Of Civil Procedure

Canada Litigation

TL

Torys LLP

A New Era For Civil Litigation In Ontario? What Litigants Need To Know About The Proposed Rules Overhaul

Canada Litigation

F

Fasken

Court Of Appeal Summaries (April 21 – 25, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Understanding The Process For A Criminal Case Bail Hearing In Ontario

Canada Criminal

RA

Rashidy & Associates

Court Of Appeal Summaries (April 14-18, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

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Banking/ Finance

A Financial Institution Must Live With Its Own Mistake: A Loan With A 0% Interest Rate Is Maintained By The Quebec Court

In Caisse populaire Desjardins d'Aylmer v Roy, the Quebec Court dismissed a claim against two individuals by a financial institution ("CPDA") for payment of interest allegedly due on a loan.

Canada Litigation

ML

McMillan LLP

A Financial Institution Is Condemned To Live With Its Own Mistake: A Loan With A 0% Interest Rate Is Maintained By The Quebec Court

In Caisse populaire Desjardins d'Aylmer v Roy,1 the Quebec Court dismissed a claim against two individuals (the "Debtors") by a financial institution ("CPDA") for payment of interest allegedly due on a loan.

Canada Litigation

ML

McMillan LLP

Check Those Cheques: Is The Payee Plausible?

Companies victimized by cheque fraud from within their own ranks often turn to their banks for recovery.

Canada Litigation

ML

McMillan LLP

For Whom the Bell Tolls: Know Your Limitations

Canada Litigation

C

Cassels

"Not Valid": The Supreme Court Of Canada’s Advisory Opinion In Reference Re Securities Act

Canada Litigation

D

Dentons

BLG Monthly Update - March 2012

Canada Litigation

BL

Borden Ladner Gervais LLP

The Superior Court Applies Restrictive Interpretation To Additional Hypothecs

Canada Litigation

L

Lavery

B.C. Supreme Court Takes First Look At New Secondary Market Liability Provisions

Canada Litigation

ML

McMillan LLP

The Latest Chapter In Litigation Finance – Back From The Brink?

GY

Guild Yule LLP

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Latest Videos

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Class Actions In Canada: Hot Topics Shaping Tech Litigation (Video)

F

Fasken

Les actions collectives au Canada : les sujets d'actualité qui façonnent les litiges dans le secteur des technologies (Video)

FF

Fasken (French)

Podcast: Breaking Down The Dollars. The Real Value Of General Damages In Civil Litigation (Video)

NL

Nelligan Law

Future Of Litigation: 5 Big Ideas To Solve The Court Backlog (Video)

BL

Borden Ladner Gervais LLP

Slips, Trips, And Legal Tips: Navigating Snow And Ice Liability (Video)

SB

SBA Lawyers LLP

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