Canada: Litigation, Mediation & Arbitration

In Wiebe v Johnson & Johnson Inc., 2026 ONCA 597, the Ontario Court of Appeal dismissed three appeals arising from the respondents’ successful motions for summary judgment where the claims were dismissed as statute-barred under the Limitations Act, 2002.[1] The Court held that the claims were discoverable more than two years before the claims were issued. The respondents manufactured polypropylene mesh products that were implanted in each of the appellants during their respective hernia repair surgeries. Each of the appellants brought their claims more than three years after their final surgeries and removal of the mesh. The Superior Court had granted the respondents’ motions for summary judgment in July 2025 (see 2025 ONSC 3958).

Ontario's Rules of Civil Procedure now include strict amendments requiring lawyers and expert witnesses to certify the authenticity of every citation and authority used in court materials. These new anti-hallucination provisions impose significant penalties for presenting AI-generated fabricated authorities, fundamentally shifting accountability for artificial intelligence use in litigation.

A Canadian court awarded $800,000 in damages to a couple defamed by serious false allegations of sexual assault and criminal misconduct spread through social media. The case examines how factors like the severity of accusations, use of social media platforms, and a defendant's failure to mount a defense can dramatically escalate defamation damages beyond typical awards.