Canada: Litigation, Mediation & Arbitration

The British Columbia Supreme Court decision in Lewis v. WestJet Airlines Ltd. (2025 BCSC 1565) clarifies the circumstances under which accountants' work may be protected by legal privilege.

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.

Navigate the complexities of Canadian transfer pricing audits with expert guidance on documentation requirements, CRA audit powers, and privilege protection. Learn strategic approaches to functional interviews, information requests, and compliance obligations while understanding the consequences of non-compliance and proposed legislative changes that could significantly impact audit procedures.

In InFrontier AF LP v. Rahmani, the Court of Appeal for Ontario dismissed an appeal from an order enforcing a foreign arbitral award made in Dubai. The appellant challenged recognition and enforcement on the basis that the wrong procedural rules had been applied to the arbitration and that the lower court was wrong to consider Dubai law to determine if the correct rules had been applied.

In Emma Joyce Jansen et al v. J.T et al, 2026 ONSC 1304, the Superior Court of Justice for Ontario considered the test under section 137.1 of the Courts of Justice Act (CJA) in the context of an action for malicious prosecution involving a complaint of sexual assault by a minor.

When siblings disagree about who should serve as power of attorney for a parent with dementia, each often claims the parent trusts only them. A mediator explores why family members in these disputes frequently overlook the most likely explanation: that Alzheimer's disease itself is causing the parent to make contradictory statements to different children.

Dans McCain Foods Limited v. J.R. Simplot Company, 2026 FCA 71 (« McCain Foods »), la Cour d’appel fédérale (« CAF »)...

Solicitor-client privilege protects confidential communications between a lawyer and client made for the purpose of giving or receiving legal advice.

When siblings disagree about who should serve as power of attorney for a parent with dementia, each often claims the parent trusts only them. A mediator explores why family members in these disputes frequently overlook the most likely explanation: that Alzheimer's disease itself is causing the parent to make contradictory statements to different children.

In January 2025, former Federal Minister of Health, the Honourable Mark Holland, released a Letter to provinces and territories on the importance of upholding the Canada Health Act – 2025. We wrote about it here.

In Sienna v. Duckett, 2025 ONCA 867, the Court of Appeal allowed the plaintiffs leave to amend their claim against the Attorney General of Canada relating...

Plea-bargain agreements form an integral part of our criminal justice system as they aide the amicable resolution of criminal cases. These agreements are not foreign in labour matters...