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.

Can Psychiatrists Be Liable To A Patient's Family? Ontario Court Of Appeal Weighs In

A recent decision by the Ontario Court of Appeal has confirmed that psychiatrists treating a patient with known violent tendencies may indeed owe a duty of care to the family members of a patient.

Canada Litigation

RS

Rosen Sunshine LLP

New Trial Ordered Following Failure To Consider Injuries Possibly Sustained In The Course Of Rehabilitation: Lessons From Aujla V Boldt 2025 BCCA 228

Karenjit Aujla was involved in two separate motor-vehicle accidents in June 2015 and January 2016. She went to trial and was awarded damages in relation to these accidents - the decision in Aujla v Nijjar 2022 BCSC 1262...

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

"Final" Means Final: Foreclosing Appeals From Arbitration Decisions May Be Easier Than You Think

The Ontario Superior Court's decision in 2501373 Ontario Inc. et al. v. Selfe et al., 2025 ONSC 5216,[1] illustrates why appellate review of arbitration awards is the exception and not the rule.

Canada Litigation

MT

McCarthy Tétrault LLP

R. V. Bhatti: Warranted Police Discretion Or Bound By The Warrant?

In R. v. Bhatti, the Court of Appeal for Ontario considered whether police execution of a search warrant infringed an accused's right to be free from unreasonable search and seizure under s. 8 of the Charter.

Canada Litigation

MT

McCarthy Tétrault LLP

Court Of Appeal Summaries (October 13 – 17, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

When The Party's Over - Peterson v Anderson, 2025 NSSC 186

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

The Risk Of Re-Trial: Causation And The Divisibility Of Injuries

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

Developer Breached Agreement Of Purchase And Sale By Demanding Additional Charges At Time Of Closing (Taheripouresfahani v. Dormer Bond Inc.)

Canada Litigation

GR

Gardiner Roberts LLP

Court Ruling Reinforces Justice For Survivors Of Sexual Assault

Canada Litigation

GP

Gluckstein Lawyers

BC Supreme Court's Recent Cowichan Decision

Canada Litigation

BD

Burnet, Duckworth & Palmer LLP

Unveiling The Hidden Risks: How CVCs Can Cause Serious Harm To Patients

Canada Litigation

SL

Siskinds LLP

Lawyer Spotlight: Tara Sweeney – Advocating For Justice In Complex Medical Malpractice Cases

Canada Litigation

SW

Soloway Wright

The Hidden Terms Of Settlement: When Courts Imply A Mutual Release

Canada Litigation

MT

Miller Thomson LLP

Excessive Use Of Force: Your Rights If You've Been Injured

Canada Litigation

LL

Lerners LLP

AI And Copyright - Who Owns AI-generated Content? (Podcast)

Canada Technology

F

Fasken

Regulating Deepfakes Through Copyright: Would Denmark's Proposed Approach Be Right For Canada?

MT

Miller Thomson LLP

Venture Capital Comparative Guide

Canada Commercial

Friedmans LLP

Manitoba's Economic Strategy: Innovation, IP And AI At The Core Of Growth

Canada Technology

MA

MLT Aikins LLP

Reality Check: Alberta Court Weighs Costs Award Against Counsel For AI-Generated Case Law Hallucinations

Canada Technology

BC

Blake, Cassels & Graydon 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.

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

"Final" Means Final: Foreclosing Appeals From Arbitration Decisions May Be Easier Than You Think

The Ontario Superior Court's decision in 2501373 Ontario Inc. et al. v. Selfe et al., 2025 ONSC 5216,[1] illustrates why appellate review of arbitration awards is the exception and not the rule.

Canada Litigation

MT

McCarthy Tétrault LLP

Caster Semenya Decision Reshapes Standard Of Review In Sports Arbitration

A ruling from Europe's top human rights court has brought renewed attention to Caster Semenya's long-running legal proceedings concerning World Athletics' sex eligibility regulations, which limit the participation of athletes with Differences of Sexual Development ("DSD") in certain events.

Canada Media & IT

AB

Aird & Berlis LLP

Abusive Arbitration Clauses: What Businesses Can Learn From The Dispute Between Hydro-Québec And Terrassement St-Louis

Arbitration clauses are often used in commercial contracts to provide a quick and confidential means for resolving disputes. But what happens when such a clause, although validly drafted...

Canada Commercial

MT

Miller Thomson LLP

Clauses d'arbitrage abusives : ce que les entreprises doivent retenir du litige entre Hydro-Québec et Terrassement St-Louis

Canada Commercial

MT

Miller Thomson LLP

Ontario Court Of Appeal Clarifies Approach To Dispute Resolution Timelines

Canada Litigation

GW

Gowling WLG

Prompt Payment Legislation Arrives In British Columbia: What You Need To Know

Canada Real Estate

SU

Singleton Urquhart Reynolds Vogel LLP

The SCC Leave Project: Predictions For October 16, 2025

Canada Litigation

LS

Lenczner Slaght LLP

Abusive Arbitration Clauses In Contracts Of Adhesion: Quebec Court Of Appeal Reaffirms The Importance Of Access To Justice

Canada Litigation

BC

Blake, Cassels & Graydon LLP

B.C. To Enact Prompt Payment And Adjudication Legislation

Canada Real Estate

CW

Clark Wilson LLP

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Court Procedure

Court Of Appeal Summaries (October 13 – 17, 2025)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of October 13, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Summaries (October 6 – 10, 2025)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of October 6, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Summaries (September 29 – October 3, 2025)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of September 29, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

No Offer, Big Costs: ONCA Upholds $300K Costs Award On $15K Damages

Canada Litigation

SB

SBA Lawyers LLP

Updated Proposals For Changes To Ontario's Rules Of Civil Procedure Are Coming

Canada Litigation

LS

Lenczner Slaght LLP

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

Canada Litigation

SB

SBA Lawyers LLP

Court Of Appeal Summaries (September 22-26, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

"Fasten Your Seatbelts" For Civil Procedure Rules Reform

Canada Litigation

LS

Lenczner Slaght LLP

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

Canada Litigation

BM

Blaney McMurtry LLP

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Sovereign Immunity: Public Sector Government

Conflit d'intérêts dans l'administration d'une succession : ce que l'affaire Virdi Estate (Re) enseigne aux exécuteurs testamentaires

Lorsque dynamique familiale et administration de succession s'entrechoquent, les conséquences peuvent être complexes, tant sur le plan émotionnel que juridique.

Canada Litigation

MT

Miller Thomson LLP

Here's The Drill: R. v. Sudbury Wrap-Up: Essential Takeaways For Construction Stakeholders

The Ontario Court of Appeal has recently issued what appears to be a final decision in the R. v. Sudbury saga; an important line of cases shaping how industry stakeholders understand their health and safety obligations on construction projects in Ontario

Canada Litigation

WL

WeirFoulds LLP

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

After six years, one trial, two decisions of the Ontario Superior Court of Justice, two decisions by the Court of Appeal for Ontario and a decision...

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

AODA: Meeting Design Of Public Spaces Accessibility Standards During Reconstruction – Part 1

Canada Litigation

MT

Miller Thomson LLP

Navigating Through eDiscovery Challenges In The Hybrid Workplace

Canada Compliance

RC

Ricoh Canada

Trends To Watch In Tort Liability For 2022: BC Supreme Court Confirms Private Entities Can Rely On Statutory Authority As A Shield To Tort Claims Brought By Aboriginal Rights Holders

Canada Government

D

Dentons Canada LLP

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Latest Videos

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Class Actions In Canada: At The Forefront Of Pharma Litigation (Video)

F

Fasken

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 089: Integrated Care, Celebrating Small Wins, And Supporting Caregivers With Justin Kline, Jane Savage, And Stacie Dertinger (Podcast)

GP

Gluckstein Lawyers

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

GW

Gowling WLG

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