Canada: Litigation, Mediation & Arbitration

In Sakab Saudi Holding Company v. Al Jabri, 2026 ONCA 586, the Ontario Court of Appeal provided important guidance on the scope of solicitor-client privilege in the context of a civil fraud claim

L'intelligence artificielle générative permet désormais de créer des hypertrucages si réalistes qu'ils menacent l'intégrité des preuves numériques présentées devant les tribunaux. Les cadres d'authentification traditionnels, conçus avant l'avènement de cette technologie, sont-ils encore suffisants pour garantir la fiabilité des photographies, vidéos et enregistrements audio produits en preuve? Les avocats doivent maintenant adopter de nou

In Sakab Saudi Holding Company v. Al Jabri, 2026 ONCA 586 (“Sakab”), the Ontario Court of Appeal clarified the law in ruling that the crime-fraud exception to solicitor-client privilege may apply in civil cases, although the exception will be narrowly construed.

Retailers spent two decades learning how to be found by Google, but the next audience might not be a person typing a query; instead, it could be software acting on a person’s behalf. Agentic commerce tools (AI “agents” that browse, compare, and increasingly transact for users) are quickly moving from demonstrations to products.

Public infrastructure investments in Quebec continue to grow, creating numerous business opportunities for contractors. However, navigating the evolving requirements of public contracts, including new municipal contract rules, rapid payment regimes, and dispute resolution mechanisms, has become increasingly complex and critical to project success.

Quebec has introduced a new regulation establishing rapid payment and dispute resolution mechanisms for public construction contracts. This regime imposes strict timelines for monthly invoicing, creates a cascading payment system, and provides a 50-day accelerated dispute resolution process through accredited third-party decision-makers. The regulation applies progressively based on contract value, starting September 2025, and aims to reduce payment delays, improve cash flow, and minimize litigation in the

Winning a judgment in court is only half the battle—collecting the debt owed requires strategic use of legal enforcement tools. This comprehensive guide series explores the various methods available to judgment creditors in British Columbia, from registering judgments against property to compelling debtors to disclose their assets under oath.

The Supreme Court of Canada annulled a federal election in Terrebonne, Quebec after a single mail-in ballot went uncounted due to an Elections Canada administrative error—a postal code mistake that directly affected the one-vote margin of victory. In a 6-3 decision, the majority clarified that serious administrative errors can constitute "irregularities" under the Canada Elections Act even without fraud or intentional wrongdoing, fundamentally reshaping how courts balance electoral integrity against v

A Federal Court decision examines whether parties in trademark opposition appeals can introduce new evidence or conduct cross-examinations that were not pursued during the original Board proceedings. The ruling addresses critical procedural questions about the scope of appellate review and the strategic importance of presenting comprehensive evidence at the opposition stage.

When can citizens sue government officials for abuse of power? A landmark Supreme Court case examines the boundaries between administrative law and civil litigation, revealing...

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...