Canada: Litigation, Mediation & Arbitration

The Federal Court’s June 12, 2026 decision in Minister of National Revenue v KPMG Canada LLP, T-139-26, is a significant ruling on the limits of privilege assertions by third-party tax advisors in the context of CRA audits.

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.

The Ontario Court of Appeal has ruled that solicitor-client privilege can be implicitly waived when a party's pleadings rely on their understanding of their legal position...

When a Southampton FC staff member was caught observing Middlesbrough's training sessions days before a crucial playoff match, the English Football League faced a decision that would test the limits of sporting sanctions. With nearly £200 million in Premier League promotion revenue at stake, the league's disciplinary commission had to determine whether traditional fines could adequately deter rule-breaking in high-stakes competitions, ultimately issuing a penalty that removed Southampton from playoff c

CanLII, Canada's free legal database, and Caseway, an AI legal research platform, have reportedly reached a settlement in their copyright dispute over the use of legal case data for artificial intelligence training purposes. The resolution addresses concerns about unauthorized use of publicly available legal materials and the boundaries of AI development in the legal technology sector.

The Trademarks Opposition Board recently decided a case where Gurok Turizm challenged Louis Vuitton's Canadian trademark applications for its iconic interlocking "L" and "V" logo designs. Despite Louis Vuitton's claims of global recognition, the Board scrutinized whether the luxury brand's logos were sufficiently known in Canada and whether they could be confused with Gurok's "Lav" and "Làv" trademarks. The decision hinged on analyzing the distinctive elements, phonetic differences, and visual resembla

A Quebec court set aside an arbitral award after discovering the arbitrator relied on AI-generated fictitious case citations and non-existent legal literature to support core legal conclusions. This landmark decision examines whether improper use of generative AI in arbitration constitutes a procedural violation sufficient to invalidate an award, and what safeguards parties should implement to prevent AI hallucinations from compromising arbitral integrity.

The Federal Court of Appeal has clarified that parties participating in administrative processes must raise important concerns in a timely manner, or risk having those arguments weakened on judicial review. In a case involving an offshore oil development project, the court examined when late-raised issues can affect the reasonableness of a Minister's decision and what constitutes adequate Crown consultation with Indigenous groups.

The Ontario Court of Appeal has ruled that solicitor-client privilege can be implicitly waived when a party's pleadings rely on their understanding of their legal position...

When can citizens sue government officials for abuse of power? A landmark Supreme Court case examines the boundaries between administrative law and civil litigation, revealing...

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...