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.

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

The Ontario Civil Rules Review Working Group has released its Phase Two Report, proposing a comprehensive overhaul to the existing Rules of Civil Procedure.

Canada Litigation

F

Fasken

Dans Quelles Circonstances Une Cour D'appel Peut-elle Intervenir Dans Une Décision Procédurale? Leçons Tirées De La Décision Great North Equipment Inc. c. Penney, 2025 ABCA 16

Dans une récente décision, la Cour d'appel de l'Alberta a réaffirmé un principe de droit bien établi : les décisions interlocutoires discrétionnaires appellent à un important devoir de réserve...

Canada Litigation

MT

Miller Thomson LLP

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

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of April 21, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

Appellate Quarterly 04/10/25 – Key Takeaways

On April 10, 2025, McCarthy Tétrault's National Appellate Litigation Group hosted its second Appellate Quarterly webinar of the year, featuring five appeals of importance to the business community...

Canada Litigation

MT

McCarthy Tétrault LLP

Knowing And Serving The Chinese Community In Canada

Canada Litigation

GP

Gluckstein Lawyers

Episode 087: Fighting For Justice, From Courtroom To Community With Kris Bonn (Video)

Canada Litigation

GP

Gluckstein Lawyers

Episode 087: Fighting For Justice, From Courtroom To Community With Kris Bonn (Podcast)

Canada Litigation

GP

Gluckstein Lawyers

Kherani v Alberta Dental Association: Professional Standards Can Include Unwritten Elements

Canada Litigation

SU

Singleton Urquhart Reynolds Vogel LLP

The Evolution Of Vicarious Liability In Sexual Abuse Cases

Canada Litigation

LL

Lerners LLP

Ontario Court Of Appeal Upholds Decision In Chippewas Of Saugeen First Nation Case

Canada Litigation

LL

Lerners LLP

The Invisible Injury: Legal Tools To Prove Emotional Distress Damages

Canada Litigation

MO

McLeish Orlando LLP

New Rules, New Game: Civil Litigation In Ontario Set To Change In 2026

Canada Litigation

SB

SBA Lawyers LLP

Causation And Sexual Assault (Part 3): Causation In Relation To Damages, A Mainstay In Sexual Abuse Cases

Canada Litigation

LL

Lerners LLP

DMZ v DNA: Recourse Against Determinations By Arbitral Administering Institutions

Worldwide Litigation

SU

Singleton Urquhart Reynolds Vogel LLP

Employee Discharged For Lying To His Doctor And Employer

Canada Employment

RG

Roper Greyell LLP – Employment and Labour Lawyers

Can Courts Compel Social Media Platforms To Disclose Messages? Insights From Terrigno v Petzold

Worldwide Media & IT

MT

Miller Thomson LLP

Due Diligence Delivered: The End Of The Saga For R V Greater Sudbury (City)

Canada Employment

MT

McCarthy Tétrault LLP

What Is CRA's Regulation 105? An Overview On Withholding Tax On Payments To Non-Residents, Explained By Canadian Tax Lawyer

RS

Rotfleisch & Samulovitch P.C.

Anti-Money Laundering Amendments Accelerated: Businesses Face Unexpected Compliance Rush

Canada Government

AB

Aird & Berlis 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.

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)

Solicitor-client privilege in Canada is a fundamental right and a substantive rule of law. Courts have repeatedly affirmed that solicitor-client privilege...

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

SOS Marine Inc V M/V Gentle Seas: Privilege And Confidentiality In Arbitration And Related Proceedings

Canada Litigation

SU

Singleton Urquhart Reynolds Vogel LLP

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Arbitration & Dispute Resolution

Highway Hazards: The Legal Price Of Taking Your Eyes Off The Road

*Ping!* You just received a text message from your friend while you are driving — we have all been there.

Canada Transport

LL

Lerners LLP

The Evolution Of Vicarious Liability In Sexual Abuse Cases: Application In Recent Cases

There have been several decisions in the past five years when Canadian courts have considered vicarious liability in the context of sexual misconduct.

Canada Employment

LL

Lerners LLP

Qualifications Over Functions: Teacher Bargaining Units Redefined

The scope of teacher bargaining units under the School Boards Collective Bargaining Act, 2014 was recently considered in an arbitration between the Ontario English Catholic Teachers' Association (the "Association")...

Canada Employment

F

Fasken

Kherani v Alberta Dental Association: Professional Standards Can Include Unwritten Elements

Canada Litigation

SU

Singleton Urquhart Reynolds Vogel LLP

DMZ v DNA: Recourse Against Determinations By Arbitral Administering Institutions

Worldwide Litigation

SU

Singleton Urquhart Reynolds Vogel LLP

Defence Forecast 2025

Canada Litigation

GW

Gowling WLG

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

Canada Litigation

BM

Blaney McMurtry LLP

Key Takeaways: Co-Chairs Of Civil Rules Review Working Group Present Proposed Civil Rules Reform

Canada Litigation

LS

Lenczner Slaght LLP

La Cour du Banc du Roi de l'Alberta clarifie les questions d'exécution et de confidentialité dans les appels de sentences arbitrales

Canada Litigation

MT

McCarthy Tétrault LLP

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Court Procedure

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

The Ontario Civil Rules Review Working Group has released its Phase Two Report, proposing a comprehensive overhaul to the existing Rules of Civil Procedure.

Canada Litigation

F

Fasken

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

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of April 21, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

Understanding The Process For A Criminal Case Bail Hearing In Ontario

Being arrested and facing criminal charges can be one of the most overwhelming experiences in a person's life. Whether it's your first encounter with the law or not, the first court appearance...

Canada Criminal

RA

Rashidy & Associates

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

Canada Litigation

BM

Blaney McMurtry LLP

Key Takeaways: Co-Chairs Of Civil Rules Review Working Group Present Proposed Civil Rules Reform

Canada Litigation

LS

Lenczner Slaght LLP

Podcast: When The Law Gets Personal

Canada Litigation

NL

Nelligan Law

Court Of Appeal Summaries (April 7-11, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Ontario's Civil Rules Review: A Comprehensive Overhaul Proposed For Ontario's Rules Of Civil Procedure

Canada Litigation

C

Cassels

Court Of Appeal Summaries (March 31 – April 4, 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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