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.

Episode 088: Transforming Legal Practice Through Trauma-Informed Lawyering With Myrna McCallum (Video)

In this video podcast, our hosts Brenda Agnew and Jordan Assaraf are joined by lawyer, speaker, and host of The Trauma-Informed Lawyer podcast, Myrna McCallum.

Canada Litigation

GP

Gluckstein Lawyers

Class Action Lawsuit Against Gun Manufacturer Gets Certified (Price v. Smith & Wesson Corp.)

The use of handguns can result in a person being seriously injured or killed. Accordingly, there has been much public debate about whether gun manufacturers should be held liable for the misuse of a handgun...

Canada Litigation

GR

Gardiner Roberts LLP

B.C. Courts Recognize Cultural Tradition As Basis For Economic Loss In Family Compensation Act Claim

Last week, the B.C. Court of Appeal released a decision where it endorsed the recognition of non-western family cultural norms as a basis for awarding damages: Kim v. Murdoch, 2025 BCCA 211.

Canada Litigation

MA

MLT Aikins LLP

Limitation Periods And The "Appropriate Means" Test In Suing Prior Counsel

When it comes to suing prior counsel for professional negligence, caselaw has shown us that timing is crucial. In Ontario, the Limitations Act, 2002 provides a standard two-year limitation period...

Canada Litigation

DS

Devry Smith Frank LLP

Claims Struck For Litigants' Failure To Pay Costs (Dunning v. Colliers Macaulay Nicolls; Condoman Developments v. Cannect International Mortgage)

Canada Litigation

GR

Gardiner Roberts LLP

The Hague Judgments Convention And The UK… Are We There Yet? Yes, We Are!

European Union Litigation

GW

Gowling WLG

Court Of Appeal Summaries (June 23-27, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Thank You, Sherlock: A Claimant's Duty To Investigate Following Eberhardt

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

Ontario Court Of Appeal Certifies Negligence Class Action Against Gun Manufacturer In Mass Shooting Case

Canada Litigation

LS

Lenczner Slaght LLP

All You Need To Know About Latent Defects, Presumptions And Legal Warranties

Canada Litigation

DG

De Grandpré Chait

Golf Carts Can Be Fun, But Also Dangerous

Canada Litigation

GP

Gluckstein Lawyers

Geographical Considerations Regarding The Location Of Defence Medical Exams

Canada Litigation

MO

McLeish Orlando LLP

Lincoln Caylor: Mareva Injunctions In Canada: Now Easier To Get?

Canada Litigation

BJ

Bennett Jones LLP

10 Tips To Succeed At Mediation

Canada Litigation

Wallace Smith LLP

The Very Large And Vexing Lawsuit Re: Cannabinoid Hyperemesis Syndrome

Canada Cannabis

HS

Harris Sliwoski

London Calling: Canada-UK Trade

Worldwide International

F

Fasken

Landmark Canadian Tax Law Decision That Limits CRA's Authority Under Section 231.2 Of Income Tax Act: Canada (National Revenue) V Shopify Inc., 2025 FC 968

RS

Rotfleisch & Samulovitch P.C.

Lease Termination Clauses: Know The Target Before Pulling The Trigger

Canada Real Estate

BJ

Bennett Jones LLP

The Top 5 Outdated HR Policies That May Need A 2025 Refresh

Canada Employment

SL

Spring Law

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.

Be Careful What You Waive: Partial Disclosure Of Privileged Documents Can Create Unintended Consequences

Litigation routinely involves thousands or even tens of thousands of documents. Expensive and time-consuming disputes over what must be disclosed and what is protected by privilege are commonplace.

Canada Insurance

MA

MLT Aikins LLP

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

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

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Arbitration & Dispute Resolution

The Hague Judgments Convention And The UK… Are We There Yet? Yes, We Are!

The Hague Judgments Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (the Hague Judgments Convention) will finally enter into force for the United Kingdom...

European Union Litigation

GW

Gowling WLG

Achieving Timely Justice In Personal Injury Claims

The Ontario civil justice system has been under significant pressure for over 10 years and is currently overwhelmed.

Canada Litigation

Wallace Smith LLP

No Common Employer Means No Class Action—Ontario Court Of Appeal

The Ontario Court of Appeal has concluded that a client's influence over a service provider's processes does not establish an employment relationship between the client and the service provider's employees.

Canada Litigation

BJ

Bennett Jones LLP

Just Cause And Dishonesty: When Progressive Discipline Isn't Enough

Canada Employment

AB

Aird & Berlis LLP

Court Of Appeal Summaries (June 16-20, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Contracts For Services vs. Contracts For Goods In Ontario

Canada Commercial

Pacific Legal PC

How To Write A Share Purchase Agreement In Ontario: A Complete Guide.

Canada Commercial

Pacific Legal PC

Break Glass In Case Of Emergency: Imminent Filing Deadlines And What To Do

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

Première ligne directrice du Chartered Institute of Arbitrators sur l'utilisation de l'IA dans le contexte de l'arbitrage

Canada Litigation

BC

Blake, Cassels & Graydon LLP

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Court Procedure

Claims Struck For Litigants' Failure To Pay Costs (Dunning v. Colliers Macaulay Nicolls; Condoman Developments v. Cannect International Mortgage)

Perhaps one of the more frustrating aspects of litigation is the inability to collect outstanding funds owing by an adverse party. While there are steps available to enforce monetary judgments after trial...

Canada Litigation

GR

Gardiner Roberts LLP

Court Of Appeal Summaries (June 9-13, 2025)

John has been the editor of Blaneys Appeals since the inception of the blog in the Summer of 2014.

Canada Litigation

BM

Blaney McMurtry LLP

Ontario's Civil Rules Revolution? Breaking Down The Key Proposed Reforms

In April 2025, the Ontario Civil Rules Review Working Group (CRR Working Group) released its Phase 2 Consultation Report [PDF], proposing comprehensive changes to the Rules of Civil Procedure (Rules).

Canada Litigation

OH

Osler, Hoskin & Harcourt LLP

The Limits Of The "Inevitable Accident" Argument: Case Comment On Zapata, Et Al. v. Reid, Et Al.

Canada Litigation

DS

Devry Smith Frank LLP

Court Of Appeal Summaries (June 2-6, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

An Update On The Proposed Changes To Ontario's Rules Of Civil Procedure

Canada Litigation

LS

Lenczner Slaght LLP

There Is No Right To Party (Waterloo (City) v. Persons Unknown)

Canada Litigation

GR

Gardiner Roberts LLP

Regional Practice Directions – Scheduling, Filing, And Communicating With The Courts

Canada Litigation

CM

Casey & Moss LLP

AI Legal Ethics: The Case Of Ko v Li

Canada Technology

MT

McCarthy Tétrault 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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International Rescue – What You Can Do If Global Supply Chains Break Down (Video)

GW

Gowling WLG

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

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