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.

A Definitive Win For Manufacturers: 15 Year Limitation Period Applies To Product Claims Even If Harm Is Recent

This case is significant for defendants facing negligence claims for a product they designed, made, and distributed before July 2010.

Canada Litigation

ML

McMillan LLP

BC Court Of Appeal Upholds Arbitration And Foreign Law Clauses In Employee Incentive Plan

In Aspen Technology, Inc. v. Wiederhold, 2025 BCCA 261 (Wiederhold), the British Columbia Court of Appeal enforced an arbitration/forum selection clause...

Worldwide Litigation

BJ

Bennett Jones LLP

The SCC Leave Project: Predictions For July 31, 2025

Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on July 31, 2025.

Canada Litigation

LS

Lenczner Slaght LLP

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

The Ontario Court of Appeal continues its effort to combat delay. In Arapakota v. Imex Systems Inc., the Court upheld a decision dismissing an application – not an action.

Canada Litigation

MT

McCarthy Tétrault LLP

Copyright Notice And Notice: The Voltage Pictures Case

Canada Litigation

MT

McCarthy Tétrault LLP

Évolution progressive : après 50 ans, la Cour suprême se dit prête à réexaminer les recours des locateurs commerciaux

Canada Litigation

MT

McCarthy Tétrault LLP

Can You Be Sued In A Securities Class Action When The Correction Causes No Price Decline?

Canada Litigation

MT

McCarthy Tétrault LLP

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

Canada Litigation

BM

Blaney McMurtry LLP

Drowning Prevention Tips Every Traveler Should Know

Canada Litigation

MO

McLeish Orlando LLP

Out With The Old: Ontario Court Enforces Dubai Arbitration Award Under New DIAC Rules

Canada Litigation

MT

McCarthy Tétrault LLP

Canadian Courts Tighten Class Action Rules In Critical Q2 2025 Decisions

Canada Litigation

AB

Aird & Berlis LLP

Who Comes First? Secured Lender vs. Judgment Creditor Under The Money Judgment Enforcement Act (British Columbia)

Canada Litigation

WD

Wildeboer Dellelce LLP

Court Of Appeal Of Ontario Enforces Oral Agreement For Purchase Of $4.1 Million Property

Canada Litigation

WD

Wildeboer Dellelce LLP

Why Natural Waters Pose Hidden Drowning Risks

Canada Litigation

MO

McLeish Orlando LLP

How CRA Conducts Net Worth Audits And Enforces Gross Negligence Penalties Against Canadian Taxpayers: Lessons From Mann v. The King And Other Cases

RS

Rotfleisch & Samulovitch P.C.

Overview And Analysis Of The GENIUS Act

ML

McMillan LLP

Ontario Court Comments On AI Competency

Canada Technology

MT

McCarthy Tétrault LLP

Wagg Motions: Reforms Needed To Stop Delays And Unnecessary Costs When Accessing Criminal Records For Civil Sexual Assault Proceedings

Canada Litigation

LL

Lerners LLP

Tokenized Carbon Credits: How Blockchain Is Revolutionizing Carbon Markets

Canada Technology

OH

Osler, Hoskin & Harcourt 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.

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

Litigation routinely involves thousands or even tens of thousands of documents. Expensive and time-consuming disputes over what must be disclosed and what is protected by privilege are commonplace.

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

Reminder: Accountant-Client Privilege Does Not Exist

Canada Litigation

D

Dentons

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Arbitration & Dispute Resolution

BC Court Of Appeal Upholds Arbitration And Foreign Law Clauses In Employee Incentive Plan

In Aspen Technology, Inc. v. Wiederhold, 2025 BCCA 261 (Wiederhold), the British Columbia Court of Appeal enforced an arbitration/forum selection clause...

Worldwide Litigation

BJ

Bennett Jones LLP

Out With The Old: Ontario Court Enforces Dubai Arbitration Award Under New DIAC Rules

In InFrontier AF LP v. Rahmani, 2025 ONSC 3968, the Ontario Superior Court of Justice granted recognition and enforcement of an award rendered under different arbitral rules...

Canada Litigation

MT

McCarthy Tétrault LLP

Social Media Conduct In Academia: Balancing Academic Freedom And Workplace Harmony

The 2024 arbitration decisions in Board of Governors of Mount Royal University v. Mount Royal Faculty Association provide significant guidance on the intersection of social media conduct, academic freedom and workplace harassment in the post-secondary context.

Canada Media & IT

LL

Lerners LLP

OSC Adopts New Framework To Distribute Funds From Disgorgement Orders To Harmed Investors

Canada Litigation

OH

Osler, Hoskin & Harcourt LLP

BC Court Clarifies Standards For AI-assisted Document Production In Acciona v GVSDD

Canada Technology

GW

Gowling WLG

Feldt Electric v Gorbern Mechanical: Refusal To Comply With Adjudication Determination Attracts Minimal Consequences

Canada Litigation

SU

Singleton Urquhart Reynolds Vogel LLP

InFrontier AF LP v Rahmani: Pitfalls Of Arbitral Institution Change

Canada Litigation

SU

Singleton Urquhart Reynolds Vogel LLP

Arbitrage Et Mise Sous Séquestre : La Cour Privilégie L'efficacité Judiciaire Dans Mayfield Investments (Re) (2025 ABKB 326)

Canada Litigation

SM

Stein Monast

Fin du brouillard entourant les politiques de vaccination obligatoire : un contrôle judiciaire clarifie à nouveau les règles

Canada Coronavirus

FF

Fasken (French)

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Court Procedure

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

The Ontario Court of Appeal continues its effort to combat delay. In Arapakota v. Imex Systems Inc., the Court upheld a decision dismissing an application – not an action.

Canada Litigation

MT

McCarthy Tétrault LLP

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

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of July 21-25, 2025. It was a light week.

Canada Litigation

BM

Blaney McMurtry LLP

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

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of July 14-18, 2025. It was a full week that highlighted decisions in family and estates law.

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

Updated Rules Of Civil Procedure: "Obligation To Promptly Disclose" A Partial Settlement Agreement And The Immediacy Of Disclosure

Canada Litigation

AB

Aird & Berlis LLP

Court Of Appeal Summary (July 7 – 11, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

The SCC Leave Project: Predictions For July 10, 2025

Canada Litigation

LS

Lenczner Slaght LLP

Changes To Disclosure Rules For Partial Settlements In Ontario Civil Litigation

Canada Litigation

PV

Pallett Valo LLP

Claims Struck For Litigants' Failure To Pay Costs (Dunning v. Colliers Macaulay Nicolls; Condoman Developments v. Cannect International Mortgage)

Canada Litigation

GR

Gardiner Roberts 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

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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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)

Podcast: Breaking Down The Dollars. The Real Value Of General Damages In Civil Litigation (Video)

NL

Nelligan Law

Is It An "Accident"? A Roadmap Of The Latest Decisions (Video)

SB

SBA Lawyers LLP

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