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.

Is Your Arbitration Clause Abusive? The Québec Court Of Appeal's Decision Hydro-Québec v. Terrassement St-Louis Inc., Examines The Scope Of Such Clauses In A Contract Of Adhesion

The recent decision by the Québec Court of Appeal in a case between Terrassement St-Louis Inc. (hereinafter "Terrassement") and a Crown corporation raises issues regarding access to justice.

Canada Litigation

GW

Gowling WLG

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

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of September 8, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

Standstill Agreement: Alberta Decision Finds Advance In Coverage Action Constitutes Advance In Main Action

In Center Street Limited Partnership v. Nuera Platinum Construction Ltd, 2025 ABCA 290, the Alberta Court of Appeal was asked to consider the impacts of a standstill agreement and coverage action on the "main" action.

Canada Litigation

BL

Borden Ladner Gervais LLP

Protecting Project Value: Using Dispute Resolution Mechanisms To Keep Projects On Track And Manage Cost Risk

Where there's a crane, there's a claim—but not all claims are equal in size and scope. In this article, we outline three key dispute resolution mechanisms that can be written into project agreements...

Canada Litigation

TL

Torys LLP

Trauma-Informed Practices In Class Action Claims Administration

Canada Litigation

HS

Howie, Sacks & Henry LLP

Deane v. Canada Post: Critical Drip Pricing Class Certification Decision Is On Appeal

Canada Litigation

MT

McCarthy Tétrault LLP

Summary Dismissal Denied: ABCA Upholds Need For Full Trial In Construction Hazard Case

Canada Litigation

SV

Scott Venturo Rudakoff LLP

Hawreschuk v. Condominium Plan No. 782 2678: Guidance On Rule 4.33 And Judicial Duty To Self-Represented Parties

Canada Litigation

SV

Scott Venturo Rudakoff LLP

Back To School, Back To Court? In-person Interventions At The Supreme Court

Canada Litigation

LL

Lerners LLP

Limitation Periods For Product Liability Claims - Statute Of Limitations vs. Statute Of Repose

Canada Litigation

SV

Scott Venturo Rudakoff LLP

Liability First, Repairs Later: Case Comment On Murray v. Windsor Brunello

Canada Litigation

WT

Whitelaw Twining

Ontario Court Of Appeal Finds Stepped Dispute Clause Does Not Bar Arbitration

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Lessons Learned While Walking My Dog

Canada Litigation

LL

Lerners LLP

Statistically Significant, Or It Didn't Happen? Corrective Disclosure Under The Securities Act

Canada Litigation

LS

Lenczner Slaght LLP

Tariffs Up, Tariffs Down: What Businesses Need To Know

Canada International

MT

McCarthy Tétrault LLP

2025 Global In-House Counsel Report: Unique Insights Into The Global In-House Profession From ICW | Mondaq

Worldwide Law Practice

IC

In-House Counsel Worldwide

AI In The Financial Sector: The Autorité Des Marchés Financiers Publishes Draft Guidelines

D

Dentons Canada LLP

The Havoc Of The "Standard" Release In Employment Law And Human Rights

Canada Employment

BR

Bow River Law

AI And Copyright - Training AI With Copyrighted Material (Podcast)

Canada Technology

F

Fasken

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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.

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

The Insurer's ‘liberal' approach to document production opened the door to wider waiver of privilege in Pacific Sands Beach Resort v. Co-Operators General Insurance Company, 2025 BCSC 858.

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

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

As businesses modernize, many are turning to artificial intelligence (AI) tools to increase productivity and lower costs. One such tool is AI notetaking—automated meeting transcriptions...

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

Defamation In Academia: A Legal And Practical Limit On Academic Freedom

Worldwide Litigation

WL

WeirFoulds LLP

Estate Administration And The Issue Of Privilege

LK

Lindsay Kenney LLP

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Arbitration & Dispute Resolution

Is Your Arbitration Clause Abusive? The Québec Court Of Appeal's Decision Hydro-Québec v. Terrassement St-Louis Inc., Examines The Scope Of Such Clauses In A Contract Of Adhesion

The recent decision by the Québec Court of Appeal in a case between Terrassement St-Louis Inc. (hereinafter "Terrassement") and a Crown corporation raises issues regarding access to justice.

Canada Litigation

GW

Gowling WLG

Protecting Project Value: Using Dispute Resolution Mechanisms To Keep Projects On Track And Manage Cost Risk

Where there's a crane, there's a claim—but not all claims are equal in size and scope. In this article, we outline three key dispute resolution mechanisms that can be written into project agreements...

Canada Litigation

TL

Torys LLP

Adoption du projet de loi 89 : Vers une considération accrue des besoins de la population lors de grève ou de lock-out

Le 29 mai 2025, l'Assemblée nationale a adopté, à la majorité, le projet de loi 89, intitulé Loi visant à considérer davantage les besoins de la population en cas de grève ou de lock-out, qui vise à encadrer les conflits de travail afin d'en atténuer les impacts sur la population.

Canada Employment

BL

Borden Ladner Gervais LLP

Passage Of Bill 89: Giving Greater Consideration To The Public's Needs During Strikes And Lock-outs

Canada Employment

BL

Borden Ladner Gervais LLP

Random Testing Goes Nuclear: SCC Dismisses Application For Leave To Appeal Decision Upholding Random Drug And Alcohol Testing As Constitutional

Canada Employment

DA

DMG Advocates

Ontario Court Of Appeal Finds Stepped Dispute Clause Does Not Bar Arbitration

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Enforceability Of Limitation Periods Embedded In Multi-tier Dispute Resolution Clauses – The Court Of Appeal For Ontario Takes A View

Canada Real Estate

WT

Whitelaw Twining

Mediation Of Construction Liability Claims In Toronto: A Practical, Cost-Effective Path Forward

Canada Real Estate

WT

Whitelaw Twining

Le gouvernement du Québec adopte le Règlement sur les paiements et le règlement rapides des différends en matière de travaux de construction

Canada Real Estate

MT

McCarthy Tétrault LLP

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Court Procedure

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

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of September 8, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

Inference Of Dissipation Not Automatic When Considering Suitability Of Mareva Injunction

In fraud claims, plaintiffs are often concerned that defendants will dissipate assets beyond the court's reach. While the Mareva injunction, which freezes assets, is a useful (and, sometimes, essential) tool, the legal bar remains exceptionally high.

Canada Criminal

DA

DMG Advocates

Court Of Appeal Summaries (September 1 – September 5)

In Terry Longair Professional Corporation v. Akumin Inc., the Court upheld the certification of a class action against a public company and its officers for alleged misrepresentations...

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Summaries (August 25 – August 29)

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Summaries (August 11 – 15, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

No Putting Off Until Tomorrow: Ontario Court Of Appeal Again Unwilling To Tolerate Delay, This Time For Applications

Canada Litigation

MT

McCarthy Tétrault LLP

Court Of Appeal Summaries (July 21-25, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Summaries (July 14-18, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Artificial Advocacy: How Canadian Courts And Legislators Are Responding To Generative AI

Canada Technology

OH

Osler, Hoskin & Harcourt 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 Canada LLP

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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Marco P. Falco Featured In Coffee With Convery Podcast

TM

Torkin Manes LLP

Episode 090: Nutrition, Recovery, And The Missing Link In Brain And Injury Care With Kylie James (Video)

GP

Gluckstein Lawyers

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)

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