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.

The Ontario Superior Court of Justice examined whether a woman with diminished capacity required a court-appointed guardian to manage her substantial property holdings, or if less restrictive alternatives could protect her interests while preserving her autonomy. The case centered on balancing the state's duty to protect vulnerable persons against an individual's fundamental right to self-determination when making decisions about tens of millions of dollars in assets.

Shareholder disputes can destabilize corporate governance and erode company value when financial, strategic, or relational interests diverge.

A Quebec Court of Appeal decision examines when contractual holdbacks cross the line from legitimate protection into abusive financing tactics. The ruling clarifies the boundaries of good faith in construction payment...

Ontario's Rules of Civil Procedure now require plaintiffs to demonstrate a rational connection when choosing where to commence Superior Court actions, mirroring long-standing Small Claims Court requirements.

In Nigro v. Luciano, 2026 ONCA 283 (“Nigro”), the Ontario Court of Appeal dismissed the plaintiff dog-walker’s appeal of a decision dismissing her personal injury action for injuries...

The initial threshold of a motion to dismiss an action under Ontario’s anti‑SLAPP legislation is whether the proceeding arises from an expression relating to a matter of public interest.

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...