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.

Will No Fault Affect My Current Claim?

Justin Kiedrzyn and Janet De Vita explain what the upcoming changes to Alberta's car insurance system could mean for you, especially if you've been in an accident.

Canada Litigation

WG

Watson Goepel LLP

Why Every Workplace Investigator Should Be A Case Law Expert And Other Lessons From A Recent Arbitration Decision

As workplace investigators, we always think about the possibility of our work being legally scrutinized: either before a court, tribunal, or arbitrator. While we know that some cases carry greater risks than others...

Canada Litigation

RT

Rubin Thomlinson LLP

Precedent Setting: Ontario School Boards Release First Interest Arbitration Awards

On Jan. 28, 2025, Arbitrator Russell Goodfellow released a set of eight interest arbitration awards for seven different public and Catholic district school boards in Ontario.

Canada Litigation

BL

Borden Ladner Gervais LLP

Dispute Resolution Clauses - 2 Minute Drafting Tips: Bulletin #4 - Establishing Clear Procedures For The Appointment Of Arbitrators

The purpose of this bulletin, the fourth in our "Dispute Resolution Clauses - Two Minute Drafting Tips" series, is to provide parties involved in negotiating commercial agreements with quick...

Canada Litigation

F

Fasken

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

Canada Litigation

DS

Devry Smith Frank LLP

Developer Hit With $25,000 Damages Award On Anti-SLAPP Motion (Sheridan Retail Inc. V. Roy)

Canada Litigation

GR

Gardiner Roberts LLP

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

Canada Litigation

BM

Blaney McMurtry LLP

Patient Harm And Ungovernability: The Evidentiary Burden For Interim Orders Case Comment On Kilian v. College Of Physicians And Surgeons Of Ontario, 2025 ONSC 2829

Canada Litigation

WL

WeirFoulds LLP

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

Canada Litigation

LS

Lenczner Slaght LLP

Deadline Or Lifeline? Ontario Court Of Appeal Provides Guidance On Dispute Resolution Clauses' Timeline Requirements

Canada Litigation

TL

Torys LLP

Competing To Control The Sale Of Co-Owned Properties

Canada Litigation

WG

Watson Goepel LLP

Supreme Court: Interjurisdictional Immunity Remains Essential Constitutional Doctrine

Canada Litigation

TL

Torys LLP

La Cour suprême du Canada se prononce sur l'application des lois provinciales aux activités ou entreprises fédérales

Canada Litigation

MT

McCarthy Tétrault LLP

The SCC Leave Project: Predictions For June 5, 2025

Canada Litigation

LS

Lenczner Slaght LLP

Government Of Canada's Work-Sharing Program Temporarily Extends Support To Non-Profit And Charitable Organizations Experiencing Revenue Decline Due To U.S. Tariffs

Worldwide International

CP

Carters Professional Corporation

BC Supreme Court Comments On After-Acquired Cause

Canada Employment

BC

Boughton Law Corporation

Case Analysis: Why A Business Must Demonstrate Actual Business Activities Before Applying For Business Tax Deductions – Lienaux v. The King

RS

Rotfleisch & Samulovitch P.C.

"How Can We Help?" Considering Accommodation For Persons With Disabilities In Workplace Investigations

Canada Employment

RT

Rubin Thomlinson LLP

RSM US Supply Chain Special Report 2025: U.S. And Canada

Canada International

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

The Dispute Resolution Clause In Public Infrastructure Contracting — A Litigator's View

Large public infrastructure projects typically involve several stakeholders and a complex array of contracts and subcontracts.

Canada Government

BC

Blake, Cassels & Graydon LLP

Why Every Workplace Investigator Should Be A Case Law Expert And Other Lessons From A Recent Arbitration Decision

As workplace investigators, we always think about the possibility of our work being legally scrutinized: either before a court, tribunal, or arbitrator. While we know that some cases carry greater risks than others...

Canada Litigation

RT

Rubin Thomlinson LLP

Precedent Setting: Ontario School Boards Release First Interest Arbitration Awards

On Jan. 28, 2025, Arbitrator Russell Goodfellow released a set of eight interest arbitration awards for seven different public and Catholic district school boards in Ontario.

Canada Litigation

BL

Borden Ladner Gervais LLP

Dispute Resolution Clauses - 2 Minute Drafting Tips: Bulletin #4 - Establishing Clear Procedures For The Appointment Of Arbitrators

Canada Litigation

F

Fasken

Hospital Worker's Termination For Misconduct Overturned By Alberta Arbitration Board

Canada Employment

F

Fasken

Congédiement d'un employé d'hôpital pour inconduite : un conseil d'arbitrage en décide autrement

Canada Employment

FF

Fasken (French)

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

Canada Litigation

LS

Lenczner Slaght LLP

Deadline Or Lifeline? Ontario Court Of Appeal Provides Guidance On Dispute Resolution Clauses' Timeline Requirements

Canada Litigation

TL

Torys LLP

Competing To Control The Sale Of Co-Owned Properties

Canada Litigation

WG

Watson Goepel LLP

See more

Court Procedure

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

Earlier this year, the Superior Court of Ontario released its decision in Zapata, et al. v. Reid, et al., dismissing the plaintiffs' personal injury claim on a summary judgment motion from the defendants.

Canada Litigation

DS

Devry Smith Frank LLP

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

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of June 2, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

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

Lenczner Slaght is keeping a close eye on the latest news regarding the proposed civil justice reforms in Ontario.

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

Lawyer Escapes Contempt Consequences After Using AI-generated Case Law (Ko v. Li)

Canada Litigation

GR

Gardiner Roberts LLP

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

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

Canada Government

ML

McKercher 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

Is It An "Accident"? A Roadmap Of The Latest Decisions (Video)

SB

SBA Lawyers LLP

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

BL

Borden Ladner Gervais LLP

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