Canada: Disclosure & Electronic Discovery & Privilege

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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.

Big News For Small Claims – Increase In Monetary Jurisdiction For Small Claims Court

Access to justice is a fundamental principle of our legal system, yet for many Ontarians, it is often constrained by financial and temporal realities. Legal fees, administrative costs, and the length of lawsuits can often deter individuals and businesses from pursuing their claims in the courts.

Canada Litigation

LL

Lerners LLP

L'incidence réelle des délais sur l'administration de la preuve : quand le temps efface les preuves dans des litiges complexes

Dans les litiges complexes impliquant plusieurs parties défenderesses ayant participé à la construction d'un immeuble, le temps est rarement un allié.

Canada Litigation

BL

Borden Ladner Gervais LLP

Ontario Court Of Appeal Overturns Certification Of BMW Class Action: The Limits Of Negligence Claims For Defective Products

In North v Bayerische Motoren Werke AG, the Ontario Court of Appeal delivered a significant ruling on the boundaries of product liability

Canada Litigation

LS

Lenczner Slaght LLP

Developer Can't Charge Buyer For Adjustments Not Included In Agreement Of Purchase And Sale (Bellisario v. 2200 Bromsgrove Development Inc.)

Over the past few years, there have been several media reports of developers in Ontario attempting to levy charges against buyers for various matters that were not included in the original purchase price.

Canada Litigation

GR

Gardiner Roberts LLP

Appealing Briefs – Episode 21 Benchwood: Can Businesses Sue For Negative Online Reviews? (Podcast)

Canada Litigation

MT

McCarthy Tétrault LLP

Accessing A Global Internet Platform From Ontario Is Not Enough To Assert Jurisdiction Says The Court Of Appeal For Ontario

Canada Litigation

MT

McCarthy Tétrault LLP

Court Of Appeal Summaries ( May 12 – May 16, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Un juge unique de la Cour d'appel du Québec peut-il annuler sommairement un jugement de la Cour supérieure? Leçons à tirer du jugement Autorité des marchés publics c. Valosphère environnement inc., 2025 QCCA 198.

Canada Litigation

FF

Fasken (French)

A Single Québec Appellate Court Judge Can Summarily Annul a Superior Court Judgment — Important Lessons from Autorité des marchés publics c. Valosphère environnement Inc.

Canada Litigation

F

Fasken

Choisir le siège de votre prochain arbitrage : arguments en faveur du Canada

Canada Litigation

FF

Fasken (French)

Risk Of Evidence Destruction: A $5.7M Reminder From The Courts

Canada Litigation

MR

McLennan Ross LLP

Court Of Appeal Summaries (May 5 – 9, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Class Action Against BMW Hits A Legal Dead End

Canada Litigation

OH

Osler, Hoskin & Harcourt LLP

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

Canada Litigation

LL

Lerners LLP

Understanding The Chilling Effect On Mergers And Market Share

Canada Anti-trust

AG

Affleck Greene McMurtry LLP

Employers In Ontario: Be Aware Of Upcoming New Employer Requirements

Canada Employment

WL

WeirFoulds LLP

Canadian Securities Regulators Implement Changes To Support Capital Markets

Canada Commercial

TM

Torkin Manes LLP

Mental Health In The Workplace: Obligations And Best Practices

Canada Employment

BB

BCF Business Law

U.S. Tariffs Expose Vulnerability Of Canada's Manufacturing Sector

Canada Commercial

RS

RSM Canada

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.

L'incidence réelle des délais sur l'administration de la preuve : quand le temps efface les preuves dans des litiges complexes

Dans les litiges complexes impliquant plusieurs parties défenderesses ayant participé à la construction d'un immeuble, le temps est rarement un allié.

Canada Litigation

BL

Borden Ladner Gervais LLP

A Single Québec Appellate Court Judge Can Summarily Annul a Superior Court Judgment — Important Lessons from Autorité des marchés publics c. Valosphère environnement Inc.

Did you know that, in Québec, a single Court of Appeal judge can summarily annul a Superior Court judgment? In certain circumstances, yes.

Canada Litigation

F

Fasken

Factum Containing Fake Case Law Likely Generated By AI Submitted In Ontario Litigation (Ko v. Li)

Canada Technology

GR

Gardiner Roberts LLP

Choisir le siège de votre prochain arbitrage : arguments en faveur du Canada

Canada Litigation

FF

Fasken (French)

Consent In The Clinic: What Informed Consent Really Means

Canada Insurance

AH

Alexander Holburn Beaudin + Lang LLP

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

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

See more

Court Procedure

Big News For Small Claims – Increase In Monetary Jurisdiction For Small Claims Court

Access to justice is a fundamental principle of our legal system, yet for many Ontarians, it is often constrained by financial and temporal realities. Legal fees, administrative costs, and the length of lawsuits can often deter individuals and businesses from pursuing their claims in the courts.

Canada Litigation

LL

Lerners LLP

The Doctrine Of Abuse Of Process In An Aboriginal Law Context: Case Comment On Saskatchewan (Environment) v. Métis Nation – Saskatchewan, 2025 SCC 4

On February 28, 2025, the Supreme Court of Canada ("SCC") rendered its judgment in Saskatchewan (Environment) v. Métis Nation – Saskatchewan, 2025 SCC 4.

Canada Government

ML

McKercher LLP

Court Of Appeal Summaries ( May 12 – May 16, 2025)

The Court agreed with the appellant that the presumption is only rebutted where the debtor's business continuation plan is objectively reasonable in the sense that it is likely to benefit creditors generally.

Canada Litigation

BM

Blaney McMurtry LLP

Factum Containing Fake Case Law Likely Generated By AI Submitted In Ontario Litigation (Ko v. Li)

Canada Technology

GR

Gardiner Roberts LLP

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

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)

Canada Litigation

GR

Gardiner Roberts LLP

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

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

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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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