Canada: Litigation, Mediation & Arbitration

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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.

Courts Recognize Impact Of Intimate Partner Violence In Civil Cases

The Court of Appeal for Ontario ruled that allegations and evidence of intimate partner violence are not appropriately dealt with via summary judgement.

Canada Litigation

GP

Gluckstein Lawyers

You Can't Revive A Dead Claim: Section 6 Has Limits

In St Albert (City) v Melcor Developments Ltd, 2026 ABKB 213, the Alberta Court of King's Bench considered whether a defendant could revive a limitation-barred...

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

Cogent Evidence Required To Avoid Automatic Dismissal For Delay

On March 10, 2026, the Ontario Court of Appeal released its decision in Bellefeuille v Tamarack Developments Corporation (Tamarack Homes), 2026 ONCA 170.

Canada Litigation

BL

Borden Ladner Gervais LLP

Privilege In The GenAI World – A Caution To Litigants (And Counsel)

The recent decision in United States v. Heppner offers an early judicial warning for litigants using public generative AI tools in active matters...

Canada Litigation

D

Dentons Canada LLP

Exchanges With Generative AI Not Protected By Privilege (United States Of America v. Heppner)

Canada Litigation

GR

Gardiner Roberts LLP

A Strike Of Genius: Strategic Applications In Class Actions

Canada Litigation

OH

Osler, Hoskin & Harcourt LLP

Canadians Injured In Airplane Accidents Abroad – What Are Your Rights (PT.II)

Canada Litigation

HS

Howie, Sacks & Henry LLP

Canadians Injured In Airplane Accidents Abroad – What Should You Do? (PT.I)

Canada Litigation

HS

Howie, Sacks & Henry LLP

Simona Jellinek Discusses The Protecting Victims Act On Verdicts & Voices Podcast

Canada Litigation

GP

Gluckstein Lawyers

Paraquat (Gramoxone®) Parkinson's Class Action Certification Upheld On Appeal In British Columbia

Worldwide Litigation

SL

Siskinds LLP

Court Of Appeal Comments On A Possible Duty Of Care Owed By The Attorney General Of Canada

Canada Litigation

BL

Borden Ladner Gervais LLP

Avoiding Unnecessary Stays: Drafting Arbitration Clauses In Collection Matters

Canada Litigation

DS

Devry Smith Frank LLP

Unreasonable Delay In Administrative Decisions And Modernizing The Law Of Mandamus

Canada Litigation

MT

McCarthy Tétrault LLP

Ontario Accident Benefits That Will No Longer Be Mandatory As Of July 1, 2026

Canada Litigation

PV

Pallett Valo LLP

Emond v. Trillium: The Supreme Court Confirms The Rules On Insurance Policy Interpretation

Canada Insurance

MT

Miller Thomson LLP

Canada's Anti-Deferral Regime And The FAPI Rules: When Offshore Trust Structures Trigger More Tax

RS

Rotfleisch & Samulovitch P.C.

Understanding CRA Form T106 And How It Compares To U.S. Reporting Requirements

RS

Rotfleisch & Samulovitch P.C.

How The Canadian Foreign Accrual Property Income (FAPI) Regime Works—and Why It Matters To Foreign Corporations, Foreign Trusts

RS

Rotfleisch & Samulovitch P.C.

AI Watch | March 2026

Worldwide Technology

BL

Borden Ladner Gervais LLP

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Disclosure & Electronic Discovery & Privilege

When Is An Accountant's Work Privileged In Canada: Protecting Accountants' Work In Tax Matters, Including Litigation

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.

RS

Rotfleisch & Samulovitch P.C.

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.

Exchanges With Generative AI Not Protected By Privilege (United States Of America v. Heppner)

The growing use of generative Artificial Intelligence is undeniable. According to Justice Rakoff of the United States District Court of the Southern District of New York...

Canada Litigation

GR

Gardiner Roberts LLP

Privilege In The GenAI World – A Caution To Litigants (And Counsel)

Canada Litigation

D

Dentons Canada LLP

Court Of Appeal Summaries (March 9-13, 2026)

Canada Litigation

BM

Blaney McMurtry LLP

Absolute Privilege Stops Lawsuits Based On Use Of Intimate Video At A Case Conference (Burns v. Osuji)

Canada Litigation

GR

Gardiner Roberts LLP

Defendant Ordered To Produce Documents Encompassed By "Circle Of Privilege" (Will Murray & Associates V. Nader Fakih)

Canada Litigation

GR

Gardiner Roberts LLP

From Upload To Delivery: 5 Steps Every Secure Legal Translation Workflow Must Protect

Canada Law Performance

Alexa Translations

A High‑Level Summary Of Ontario's Proposed "Up‑Front Evidence Model" For Civil Discovery

Canada Litigation

LL

Lerners LLP

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Arbitration & Dispute Resolution

When Fairness Ends And Judgement Begins: What Carreau v. Canada Clarifies About Procedural Fairness In Workplace Investigations

By the time an investigator delivers a final report, the difficult part should already be over. The parties and witnesses should have been interviewed.

Canada Employment

LL

Lerners LLP

Avoiding Unnecessary Stays: Drafting Arbitration Clauses In Collection Matters

Delay can be a massive hindrance to the litigation process, especially for collection matters. Unavoidable delay and cooling-off periods can be inevitable in litigation...

Canada Litigation

DS

Devry Smith Frank LLP

L'arbitrage entre investisseurs et États comme outil de contestation des sanctions contre la Russie

Le 14 janvier 2026, le milliardaire moldave Igor Viktorovich Makarov, visé par des sanctions, a déposé une demande d'arbitrage auprès du Centre international pour le règlement des différends...

Canada International

BC

Blake, Cassels & Graydon LLP

Revue annuelle 2025 en arbitrage au Canada – Affaires clés et nouveaux développements

Canada Litigation

MT

McCarthy Tétrault LLP

Canadian Arbitration Year In Review – Key Cases And New Developments For 2025

Canada Litigation

MT

McCarthy Tétrault LLP

Court Of Appeal Summaries (March 16-20, 2026)

Canada Litigation

BM

Blaney McMurtry LLP

A Dispute By Any Other Name Would Still Fall Within The Arbitration Agreement: Alberta Court Of Appeal Steps In To Stay A Third Party Claim In Favour Of Arbitration

Canada Litigation

MT

McCarthy Tétrault LLP

Young Bar Of Québec City Conference

Canada Litigation

L,

Langlois Lawyers, LLP

Litige entre actionnaires : la date qui peut impacter la valeur de vos actions

Canada Commercial

BB

BCF Business Law

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Court Procedure

Chairperson Rejects Slap On The Wrist In Plea-Bargain Agreement: The LAC's Decision In SAPS v BF Mkonto And Others

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...

Canada Litigation

F

Fasken

The Deemed Undertaking Rule In Ontario Litigation

In television dramas, lawsuits often appear to move at an unrealistic pace, with a claim filed one day and the parties appearing in court the next.

Canada Litigation

DS

Devry Smith Frank LLP

Court Of Appeal Summaries (February 23 – 27, 2026)

In Lalli v Lalli, the Court allowed an appeal from the trial judge's dismissal of a resulting trust claim. The dissent would have dismissed the appeal.

Canada Litigation

BM

Blaney McMurtry LLP

He Shoots, He's Charged? How Far Is Too Far In Contact Sports (Podcast)

Canada Litigation

GR

Gardiner Roberts LLP

Who Really Decides An Election When One Ballot Goes Missing? (Podcast)

Canada Litigation

GR

Gardiner Roberts LLP

A Young Lawyer's Guide To Litigating Adverse Self-Represented Litigants (As Published By CLIA)

Canada Litigation

ML

McKercher LLP

Court Of Appeal Summaries (February 2 – 6, 2026)

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Summaries (January 26 – January 30, 2026)

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Summaries (January 12 – 16, 2026)

Canada Litigation

BM

Blaney McMurtry LLP

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Sovereign Immunity: Public Sector Government

Court Of Appeal Comments On A Possible Duty Of Care Owed By The Attorney General Of Canada

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...

Canada Litigation

BL

Borden Ladner Gervais LLP

Chairperson Rejects Slap On The Wrist In Plea-Bargain Agreement: The LAC's Decision In SAPS v BF Mkonto And Others

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...

Canada Litigation

F

Fasken

Trump Ordered It…But Was Maduro's Arrest Legal? (Podcast)

Gavin Tighe and Stephen Thiele unpack the shocking U.S. operation that saw the arrest of Venezuela's controversial leader…without war, without permission, and without apology.

Canada Litigation

GR

Gardiner Roberts LLP

Draft Regulations Introduced To Enforce The Accessibility For Manitobans Act

Canada Government

TM

Taylor McCaffrey

A New Framework For Procurement: Ontario Unveils Buy Ontario Act

Canada Government

MT

McCarthy Tétrault LLP

Defence Win In Nydam v. Cunningham: Jury Finds No Liability

Canada Litigation

WT

DWF Group

What Are We Waiting For? A Cautionary Endorsement On Timing, Process, And Priority Of Lien Claims Caught In An Insolvency

Canada Insolvency

WL

WeirFoulds LLP

Conflit d'intérêts dans l'administration d'une succession : ce que l'affaire Virdi Estate (Re) enseigne aux exécuteurs testamentaires

Canada Litigation

MT

Miller Thomson LLP

Here's The Drill: R. v. Sudbury Wrap-Up: Essential Takeaways For Construction Stakeholders

Canada Litigation

WL

WeirFoulds LLP

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Latest Videos

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Guaranteed Rebuilding Cost On Trial: Winners, Losers & The SCC's Big Message (Video)

SB

SBA Lawyers LLP

Who Really Decides An Election When One Ballot Goes Missing? (Podcast)

GR

Gardiner Roberts LLP

Appealing Briefs – Episode 24: Kosicki: Adverse Possession, Statutory Interpretation, And The Common Law (Podcast)

MT

McCarthy Tétrault LLP

Civil Remedies For Survivors And Justice System Advances (Video)

GP

Gluckstein Lawyers

Class Actions In Canada: At The Forefront Of Pharma Litigation (Video)

F

Fasken

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