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.
Article
“No Charter right to bicycle lanes”: Court of Appeal for Ontario reins in section 7 claim
The Ontario Court of Appeal unanimously overturned a lower court decision that had struck down provincial legislation requiring the removal or reconfiguration of Toronto bicycle lanes, holding that such ordinary legislation does not become constitutionally entrenched simply because it creates a benefit. The court forcefully reaffirmed that legislatures retain the power to amend or repeal their prior policy choices unless the Charter independently prevents them from doing so, and that courts must distinguish
Canada Litigation
MT
McCarthy Tétrault LLP
Article
Why Commercial Arbitral Awards Are So Difficult To Appeal
A 2026 Ontario Superior Court decision demonstrates the strict limitations on appealing arbitration awards, particularly when parties have not included appeal rights in their arbitration agreement. The case involved a family business dispute that went to arbitration, where the losing party attempted multiple grounds to challenge the arbitrator's decision in court. The court's rejection of these challenges reinforces important principles about the finality of arbitration and the narrow circumstances under wh
Canada Litigation
TM
Torkin Manes LLP
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Disclosure & Electronic Discovery & Privilege

Article
La Cour suprême du Canada confirme des sanctions « sévères » pour la destruction des éléments de preuve
La Cour suprême du Canada établit un cadre rigoureux pour sanctionner la destruction intentionnelle d'éléments de preuve, exigeant des sanctions sévères et des inférences défavorables contre les parties qui détruisent, modifient ou dissimulent des documents pertinents pendant un litige. L'arrêt souligne l'importance cruciale de conserver les preuves dès qu'un litige est raisonnablement envisagé et clarifie les obligations des parties en matièr
Canada Litigation
BC
Blake, Cassels & Graydon LLP
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Arbitration & Dispute Resolution

Article
CIMIC Morningstar Investments Ltd. v. Chandos Construction Ltd.: Delays And Notice – Substance Over Form, Again
When a building owner issued hundreds of design changes worth over $2.7 million in extra work but refused to grant schedule extensions, could they still claim liquidated damages for delays? The BC Court of Appeal's decision in CIMIC Morningstar Investments Ltd. v. Chandos Construction Ltd. examines four critical principles that construction parties must understand when managing delay disputes, including notice compliance, promissory estoppel, and the prevention principle.
Canada Real Estate
MT
Miller Thomson LLP
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Court Procedure

Article
“No Charter right to bicycle lanes”: Court of Appeal for Ontario reins in section 7 claim
The Ontario Court of Appeal unanimously overturned a lower court decision that had struck down provincial legislation requiring the removal or reconfiguration of Toronto bicycle lanes, holding that such ordinary legislation does not become constitutionally entrenched simply because it creates a benefit. The court forcefully reaffirmed that legislatures retain the power to amend or repeal their prior policy choices unless the Charter independently prevents them from doing so, and that courts must distinguish
Canada Litigation
MT
McCarthy Tétrault LLP
Article
Why Commercial Arbitral Awards Are So Difficult To Appeal
A 2026 Ontario Superior Court decision demonstrates the strict limitations on appealing arbitration awards, particularly when parties have not included appeal rights in their arbitration agreement. The case involved a family business dispute that went to arbitration, where the losing party attempted multiple grounds to challenge the arbitrator's decision in court. The court's rejection of these challenges reinforces important principles about the finality of arbitration and the narrow circumstances under wh
Canada Litigation
TM
Torkin Manes LLP
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Sovereign Immunity: Public Sector Government

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Latest Videos

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