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.

When Price Drops Prove Too Much: Rethinking Materiality In Secondary Market Misrepresentation Class Actions

In secondary market misrepresentation cases, materiality does an enormous amount of work. It is the gatekeeper: no material misrepresentation, no liability.

Canada Litigation

LS

Lenczner Slaght LLP

Class Action Pursued Concerning Safety Defects With GLP-1 Drugs Mounjaro, Trulicity, & Zepbound

An application has been filed in Quebec to obtain authorization to institute a class action concerning the drugs Mounjaro, Trulicity, and Zepbound, alleging that the widely used diabetes and weight-loss medications...

Canada Litigation

SL

Siskinds LLP

Getting Leave To The Supreme Court Of Canada: 2025 By The Numbers

As part of Lenczner Slaght's Data-Driven Decisions program, our readers know we maintain a comprehensive database capturing every Supreme Court of Canada leave decision since January 1, 2018.

Canada Litigation

LS

Lenczner Slaght LLP

When Is A Decision Subject To Judicial Review?

Ontario Courts will apply judicial review scrutiny to "public" decisions.

Canada Litigation

TM

Torkin Manes LLP

New Brunswick Court Of Appeal Finds Aboriginal Title Cannot Co-Exist With Fee Simple Title

Canada Litigation

F

Fasken

Come Fly With Me: Non-Resident Class Plaintiff Picks Litigation Travel Companion For BC Class Proceedings

Canada Litigation

ML

McMillan LLP

Ontario Court Of Appeal Clarifies Test For Anti-SLAPP Motions In Benchwood Builders, Inc. v. Prescott, 2025 ONCA 171

Canada Litigation

AH

Alexander Holburn Beaudin + Lang LLP

New Guidance From Manitoba's Top Court On Delay In Judicial Review Proceedings

Canada Litigation

MA

MLT Aikins LLP

Liability Of Police Chiefs & Police Boards For Officer Misconduct: Rivard V. Ontario, 2025 ONCA 100

Canada Litigation

AH

Alexander Holburn Beaudin + Lang LLP

Court Of Appeal Addresses Unanticipated Use Of Business Records In Joint Book Of Documents

Canada Litigation

SU

Singleton Urquhart Reynolds Vogel LLP

Will 2026 See The End Of Driver Inc.?

Canada Litigation

GR

Gardiner Roberts LLP

Court Of Appeal Summaries (December 22-29, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Looking Ahead To 2026: Freight Brokers, Motor Carrier Casualty Claims And The United States Supreme Court

Worldwide Litigation

GR

Gardiner Roberts LLP

Ambiguous Exclusion Clauses And Reasonable Expectations: Lessons From Busato v. Gore Mutual Insurance Company

Canada Litigation

GR

Gardiner Roberts LLP

Federal Budget 2025: Strengthening Canada's Innovation, AI, And Intellectual Property Ecosystem

Canada Technology

MT

Miller Thomson LLP

12 Key Employee Rights In Ontario (2025–2026 Update)

Canada Employment

U

Unified LLP

Canadian Media vs. OpenAI: Ontario Court Gives A Procedural Greenlight

OW

Oyen Wiggs Green & Mutala LLP

Aboriginal Title Over Private Lands: Legal Uncertainty After Recent Court Decisions

Canada Government

BC

Blake, Cassels & Graydon LLP

Federal Government Announces Intent To Create An Artist's Resale Right In Canada

OW

Oyen Wiggs Green & Mutala 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.

Saskatchewan Joins The Majority Of Canadian Provinces In Passing Franchise Disclosure Legislation

On June 30, 2026, Saskatchewan will become the seventh Canadian province to bring into force franchise disclosure legislation, joining Alberta, British Columbia, Ontario, Prince Edward Island, New Brunswick, and Manitoba.

Canada Commercial

AH

Alexander Holburn Beaudin + Lang LLP

Selective Disclosure = Full Exposure: BC Court Expands Privilege Waiver In Coverage Case

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

AI Notetaking In The Legal And Business Context: Does It Risk Confidentiality Or Privilege?

Canada Technology

BJ

Bennett Jones LLP

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

Canada Insurance

MA

MLT Aikins LLP

Sexual Abuse Survivors Beware — The Defamation Risk

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

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Arbitration & Dispute Resolution

Dispute Resolution Clauses Matter More Than You Think: Avoiding Costly Mistakes In Commercial Contracts

In the fast-paced world of commercial transactions, parties tend to focus on substantive deal terms—price, scope of work, deliverables, and timelines—while giving comparatively little attention to dispute resolution.

Canada Commercial

MT

Miller Thomson LLP

Camino Construction v Graham Construction: Three Routes To A Stay Of Lien Proceedings

Stays of proceedings are relatively unremarkable in the context of construction litigation, given the prevalence of arbitration clauses in construction contracts.

Canada Real Estate

SU

Singleton Urquhart Reynolds Vogel LLP

Court Of Appeal Summaries (December 15 – 19, 2025)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of December 15, 2025.

Worldwide Litigation

BM

Blaney McMurtry LLP

Contracting Out Of Accountability? When Crypto Meets Canadian Courtroom Control

Canada Litigation

AG

Affleck Greene McMurtry LLP

Comity And Crypto: Court Blocks Binance's Arbitration Gambit

Canada Litigation

TL

Torys LLP

No Ostrich Defence To Recognition Of Foreign Judgment

Canada Litigation

SU

Singleton Urquhart Reynolds Vogel LLP

Sentences arbitrales : La Cour d'appel de la C.-B. confirme qu'un délai de 30 jours s'applique aussi aux appels incidents

Canada Litigation

BC

Blake, Cassels & Graydon LLP

British Columbia Court Of Appeal Clarifies Deadline To Cross-Appeal Arbitral Awards: Sinclair v. T.D.M.C. Holdings Ltd., 2025 BCCA 402

Canada Litigation

MT

McCarthy Tétrault LLP

Arbitrator Rejects Union Challenge To Inclusive Education Class Sizes

Canada Litigation

LL

Lerners LLP

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Court Procedure

Getting Leave To The Supreme Court Of Canada: 2025 By The Numbers

As part of Lenczner Slaght's Data-Driven Decisions program, our readers know we maintain a comprehensive database capturing every Supreme Court of Canada leave decision since January 1, 2018.

Canada Litigation

LS

Lenczner Slaght LLP

Court Of Appeal Summaries (December 22-29, 2025)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of December 22.

Canada Litigation

BM

Blaney McMurtry LLP

The Future Of Civil Litigation In Ontario: Inside The Final Policy Report From The Civil Rules Review

We have closely tracked the Civil Rules Review Working Group and its mandate to overhaul Ontario's civil justice process.

Canada Litigation

LS

Lenczner Slaght LLP

Ontario Rule 7 Changes: Important Updates For Litigation Guardians And Counsel Of Record

Canada Litigation

GW

Gowling WLG

Lawyer Not Required To Produce Alleged Will Drafting File: Further Production Denied (Nouini v. Pizzi)

Canada Litigation

GR

Gardiner Roberts LLP

Court Of Appeal Summaries (December 8 – 12, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Summaries (November 24 – 28, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Motions To Strike In Ontario: A Narrow Tool, Often Overused

Canada Commercial

GW

Gowling WLG

It's The Final Countdown! The Basic And Ultimate Limitation Periods

Canada Litigation

LM

Lesperance Mendes Lawyers

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Sovereign Immunity: Public Sector Government

A New Framework For Procurement: Ontario Unveils Buy Ontario Act

Given the unstable global business climate, and the ongoing trade negotiations with the United States, governments across the globe are looking for ways to shelter domestic industries and workers.

Canada Government

MT

McCarthy Tétrault LLP

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

After a four-week trial in Nydam v. Cunningham, the jury returned a verdict of no liability, resulting in a complete dismissal of the action.

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

In a recent endorsement concerning lien claims in receivership proceedings, the court offers a nuanced and pragmatic message for construction stakeholders, insolvency practitioners, and receivers.

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

Due Diligence Delivered: The End Of The Saga For R V Greater Sudbury (City)

Canada Employment

MT

McCarthy Tétrault LLP

Class Action And Mass Torts Are Effective Tools In Personal Injury Cases

Canada Litigation

GP

Gluckstein Lawyers

Learning From Losing: Debriefing Under The Public Procurement Act

Canada Government

CP

Cox & Palmer

New, Complex Rules For Public Sector Gifts, Hospitality, And Entertainment Coming July 1st

Canada Media & IT

F

Fasken

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Latest Videos

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

MT

McCarthy Tétrault LLP

Actions collectives au Canada : à l'avant-plan des litiges pharmaceutiques (Video)

FF

Fasken (French)

New Rules, New Game: Proposed Reforms To The Ontario Rules Of Civil Procedure (Video)

SB

SBA Lawyers LLP

Marco P. Falco Featured In Coffee With Convery Podcast

TM

Torkin Manes LLP

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

GP

Gluckstein Lawyers

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