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.

Kakkar v. Ontario, 2025 ONSC 3776: Another Reminder That Dismissal For Delay Is Mandatory For Stalled Actions

In Kakkar v. Her Majesty the Queen in Right of Ontario, 2025 ONSC 3776, the Ontario Superior Court of Justice dismissed a putative class proceeding on the basis of delay pursuant...

Canada Litigation

BL

Borden Ladner Gervais LLP

Shimco Lien Reaffirmed: B.C. Court Of Appeal Clarifies Dual-Lien Structure Under The Builders Lien Act

In Kingdom Langley Project Ltd. Partnership v. WQC Mechanical Ltd. (Kingdom Langley), the British Columbia Court of Appeal reaffirmed the validity of what are commonly referred to as "Shimco liens."

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Court Of Appeal Summaries (June 30 - July 4, 2025)

In O.K. v. M.H., the Court confirmed that costs awards for costs incurred to obtain a support order are enforceable as support orders by the Family Responsibility Office.

Canada Litigation

BM

Blaney McMurtry LLP

Dispute Resolution In Western Canada For Public Infrastructure Projects: The Costs Of Litigation Relative To Arbitration

Public utilities, municipalities and other government or quasi-governmental entities are confronted with unique challenges when assessing risks related to dispute resolution.

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Complaint Handling Update For Firms Carrying On Financial-related Businesses In Québec

Canada Litigation

TL

Torys LLP

Don't Just Do It—justify It! Supreme Court Confirms That Justification Is Key In Administrative Decision-making

Canada Litigation

TL

Torys LLP

No Reasons Required For Using Lawyer Review Clause To Terminate Transaction (Yui v. Yan)

Canada Litigation

GR

Gardiner Roberts LLP

TD Mutual Funds Class Action Regarding Trailing Commissions Paid To Discount Brokers – Notice Of Approved Settlement And Commencement Of Claim-Filing Process

Canada Litigation

SL

Siskinds LLP

What Is Long-Term Disability Insurance And How Does It Work?

Canada Litigation

MO

McLeish Orlando LLP

Handling Of Warning Letters By Disciplinary Councils And In Civil Matters

Canada Litigation

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Langlois Lawyers, LLP

Fireworks And The Fourth: Know Your Rights If You Are Injured

Canada Litigation

GS

Gross Shuman P.C.

Federally Regulated Industries: The SCC Reaffirms And Clarifies The Interjurisdictional Immunity Doctrine

Canada Litigation

BL

Borden Ladner Gervais LLP

Episode 088: Transforming Legal Practice Through Trauma-Informed Lawyering With Myrna McCallum (Video)

Canada Litigation

GP

Gluckstein Lawyers

Class Action Lawsuit Against Gun Manufacturer Gets Certified (Price v. Smith & Wesson Corp.)

Canada Litigation

GR

Gardiner Roberts LLP

Implications Of The GENIUS Act On Stablecoins In Canada

Canada Technology

MT

Miller Thomson LLP

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

Canada Litigation

RT

Rubin Thomlinson LLP

Frustration Of Contract: When Performance Becomes Impossible

Canada Employment

MB

McCague Borlack LLP

Wagg Motions: Reforms Needed To Stop Delays And Unnecessary Costs When Accessing Criminal Records For Civil Sexual Assault Proceedings

Canada Litigation

LL

Lerners LLP

Return To Office Mandate Deemed Constructive Dismissal

Canada Employment

MR

McLennan Ross LLP

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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.

Be Careful What You Waive: Partial Disclosure Of Privileged Documents Can Create Unintended Consequences

Litigation routinely involves thousands or even tens of thousands of documents. Expensive and time-consuming disputes over what must be disclosed and what is protected by privilege are commonplace.

Canada Insurance

MA

MLT Aikins LLP

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

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

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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

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Arbitration & Dispute Resolution

Court Of Appeal Summaries (June 30 - July 4, 2025)

In O.K. v. M.H., the Court confirmed that costs awards for costs incurred to obtain a support order are enforceable as support orders by the Family Responsibility Office.

Canada Litigation

BM

Blaney McMurtry LLP

Dispute Resolution In Western Canada For Public Infrastructure Projects: The Costs Of Litigation Relative To Arbitration

Public utilities, municipalities and other government or quasi-governmental entities are confronted with unique challenges when assessing risks related to dispute resolution.

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Complaint Handling Update For Firms Carrying On Financial-related Businesses In Québec

On July 1, 2025, the Regulation Respecting Complaint Processing and Dispute Resolution in the Financial Sector (the Regulation) took effect, imposing new obligations on a myriad of firms that carry on various financial-related businesses in Québec...

Canada Litigation

TL

Torys LLP

Breach Of Contract In Ontario: Your Legal Roadmap To Protecting Business Interests

Canada Commercial

Pacific Legal PC

Alberta Court Declares Ministerial Decision Under Oil Sands Royalty Regime Unfair And Unreasonable

BC

Blake, Cassels & Graydon LLP

Key Clauses In Construction Contracts: Practical Guidance For Project Success

Canada Real Estate

BC

Blake, Cassels & Graydon LLP

The Hague Judgments Convention And The UK… Are We There Yet? Yes, We Are!

European Union Litigation

GW

Gowling WLG

Achieving Timely Justice In Personal Injury Claims

Canada Litigation

Wallace Smith LLP

No Common Employer Means No Class Action—Ontario Court Of Appeal

Canada Litigation

BJ

Bennett Jones LLP

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Court Procedure

Claims Struck For Litigants' Failure To Pay Costs (Dunning v. Colliers Macaulay Nicolls; Condoman Developments v. Cannect International Mortgage)

Perhaps one of the more frustrating aspects of litigation is the inability to collect outstanding funds owing by an adverse party. While there are steps available to enforce monetary judgments after trial...

Canada Litigation

GR

Gardiner Roberts LLP

Court Of Appeal Summaries (June 9-13, 2025)

John has been the editor of Blaneys Appeals since the inception of the blog in the Summer of 2014.

Canada Litigation

BM

Blaney McMurtry LLP

Ontario's Civil Rules Revolution? Breaking Down The Key Proposed Reforms

In April 2025, the Ontario Civil Rules Review Working Group (CRR Working Group) released its Phase 2 Consultation Report [PDF], proposing comprehensive changes to the Rules of Civil Procedure (Rules).

Canada Litigation

OH

Osler, Hoskin & Harcourt LLP

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

Canada Litigation

DS

Devry Smith Frank LLP

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

Canada Litigation

BM

Blaney McMurtry LLP

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

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

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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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International Rescue – What You Can Do If Global Supply Chains Break Down (Video)

GW

Gowling WLG

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

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

BL

Borden Ladner Gervais LLP

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