Canada: Professional Negligence

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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.

Liability Of Police Chiefs & Police Boards For Officer Misconduct: Rivard V. Ontario, 2025 ONCA 100

In Rivard v. Ontario, 2025 ONCA 100 [Rivard], the Ontario Court of Appeal considered the adequacy of a pleading against a municipal police chief and police board in respect of a negligence...

Canada Litigation

AH

Alexander Holburn Beaudin + Lang LLP

Litigation Plans Matter: Players' Appeal Denied In Ontario Junior Hockey League Class Action

In Carcillo v. Ontario Major Junior Hockey League, the Court of Appeal for Ontario upheld the motion judge's decision refusing certification of a proposed class action alleging systemic abuse...

Canada Litigation

BL

Borden Ladner Gervais LLP

Common Law And The Evolution Of Negligence Claims

In every first-year torts course, new law students learn about the case that reshaped modern civil liability: Donoghue v Stevenson (1932). It is known as the "snail in the ginger beer" case...

Canada Litigation

LL

Lerners LLP

Defence Win In Nydam v. Cunningham: Jury Finds No Liability

After a four-week trial in Nydam v. Cunningham, the jury returned a verdict of no liability, resulting in a complete dismissal of the action.

Canada Litigation

WT

DWF Group

Ontario Court Of Appeal Upholds $1.5 Million Jury Award In TTC Bus Collision Case

Canada Litigation

Davidson Cahill Morrison LLP

Flooded Again? Why Your Insurance Denial Might Be A Clue To A Deeper Problem

Canada Insurance

Davidson Cahill Morrison LLP

CPD ACCREDITED: A Client's Journey With Medical Malpractice (Video)

Canada Litigation

GP

Gluckstein Lawyers

Maximizing Damages In Medical Malpractice Cases (Video)

Canada Litigation

GP

Gluckstein Lawyers

Medical Malpractice: Effective Advocacy (Video)

Canada Litigation

GP

Gluckstein Lawyers

Birth Injury Lawsuits: A Parent's Guide

Canada Litigation

GP

Gluckstein Lawyers

CPD ACCREDITED Risky Business 2025 Conference: Medical Malpractice In A New Era (Video)

Canada Litigation

GP

Gluckstein Lawyers

Court Of Appeal Summaries (November 10 – 14, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Leçons du Royaume Uni : Réformes possibles des responsabilités des banques canadiennes en matière de prévention de la fraude

Canada Criminal

BC

Blake, Cassels & Graydon LLP

Tax Court Reprimands CRA With Gross-Negligence Penalties And Procedural Misconduct: Choptiany Et Al. v. The King (2022 TCC 112)

RS

Rotfleisch & Samulovitch P.C.

2025 Year-End Tax Planning Guide

CM

Crowe MacKay LLP

Bill C-3 Restores Canadian Citizenship To Lost Canadians

Canada Immigration

D

Dentons Canada LLP

Selling Ticket Seats Or Subscriptions In Québec? Bill 10 Changes The Conditions Of Entry

Canada Media & IT

GW

Gowling WLG

Aboriginal Title Over Private Lands: Legal Uncertainty After Recent Court Decisions

Canada Government

BC

Blake, Cassels & Graydon LLP

Could Your Termination Provisions Be Rendered Unenforceable In 2026? The Ontario Court Of Appeal Is Set To Decide This Important Issue

Canada Employment

SW

Soloway Wright

Bullying And Injuries At School: When Does It Become A Legal Issue?

Bullying and injuries at school are serious issues that can have long-term effects on a child's physical and emotional well-being.

Canada Litigation

MO

McLeish Orlando LLP

Court Of Appeal Declines To Enforce Jurisdiction Clause

Foreign parties often assume that if their contract points to a foreign jurisdiction or applies a foreign law, then any dispute should be dealt with there. But the Court of Appeal for Ontario has recently reminded...

Canada Litigation

AG

Affleck Greene McMurtry LLP

Court Of Appeal Summaries (November 3 – 7, 2025)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of November 3, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

Who Pays First? The Rise Of The Priority Flip In Automobile Insurance

It is well established that the owner of an automobile is vicariously liable for the negligence of those who drive the vehicle with the owner's consent.

Canada Insurance

CP

Cox & Palmer

When The Clocks Fall Back — What That "Extra Hour" Of Sleep Can Cost You

Canada Litigation

LL

Lerners LLP

Beyond The Blueprint: When Do Owners Owe A Duty Of Care To Contractors?

Canada Real Estate

CC

CLC (Canadian Litigation Counsel)

Class Actions: Top Ontario And Federal Cases In Q3 2025

Canada Litigation

AB

Aird & Berlis LLP

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

Canada Litigation

RS

Rosen Sunshine LLP

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

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

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

Canada Litigation

SW

Soloway Wright

Is It Viable? Is It Common? British Columbia Court Of Appeal Reinforces Requirements For Certification

Canada Litigation

TL

Torys LLP

Confronting Racial Bias In Canadian Healthcare

Canada Healthcare

GP

Gluckstein Lawyers

More Sleep, More Accidents?

Canada Litigation

HS

Howie, Sacks & Henry LLP

Court Says Pleading Systemic Negligence Isn't Enough For Certification – Claim Must Be Manageable

Canada Litigation

GW

Gowling WLG

Is It Viable? Is It Common? British Columbia Court Of Appeal Reinforces Requirements For Certification

This month, the Court of Appeal for British Columbia released two decisions within two days providing guidance on class action certification in the province: RateMDs Inc. v. Bleuler and Syngenta AG v. Van Wijngaarden.

Canada Litigation

TL

Torys LLP

Confronting Racial Bias In Canadian Healthcare

IN THE US, Black patients are more likely than Caucasians to have an above-the-knee amputation when undergoing surgery to remove that limb.

Canada Healthcare

GP

Gluckstein Lawyers

More Sleep, More Accidents?

Many look forward to ‘falling back' into Standard Time for more sleep, but is that extra hour worth disrupting our body clock? Increasingly, experts say no.

Canada Litigation

HS

Howie, Sacks & Henry LLP

Court Says Pleading Systemic Negligence Isn't Enough For Certification – Claim Must Be Manageable

In Carcillo v. Ontario Major Junior Hockey League, the Court of Appeal for Ontario dismissed an appeal from a decision refusing certification of a class action against Canada's major junior hockey leagues for alleged systemic negligence. Claims.

Canada Litigation

GW

Gowling WLG

Evidentiary Standards And Remedial Common Issues At Certification: Syngenta AG v. Van Wijngaarden, 2025 BCCA 334

Canada Litigation

MT

McCarthy Tétrault LLP

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

Construction liability claims are among the most complex and contentious disputes in the legal landscape. They often involve multiple parties, including owners, contractors, subcontractors, consultants...

Canada Real Estate

WT

DWF Group

Disbarred Lawyer's Claim Against Bank Dismissed (Murray v. The Toronto-Dominion Bank)

Claims for negligence or breach of contract against a bank generally require that a plaintiff establish a clear unbroken link between the bank's alleged error and any loss or damage suffered by the plaintiff as a result.

Canada Litigation

GR

Gardiner Roberts LLP

Court Of Appeal Summaries (August 25 – August 29)

R.L. v. M.F. involved a dispute over spousal support following the end of an over 14-year marriage in which both the husband and wife were high income earners.

Canada Litigation

BM

Blaney McMurtry LLP

When Fun Turns To Injury: Lawsuits For Amusement Park Injuries In Ontario

Now that the summer is finally here, many of us intend to visit an amusement park or attend a local fair and carnival. Aside from the fun they offer, the reality is that accidents...

Canada Litigation

HS

Howie, Sacks & Henry LLP

Federal Government Ordered To Pay Investors Hundreds Of Millions For Failing To Live Up To Wireless Spectrum Licence Auction Promises

Canada Litigation

OH

Osler, Hoskin & Harcourt LLP

Know The Law: Termination With Cause

Canada Employment

MT

Miller Thomson LLP

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

Canada Litigation

ML

McMillan LLP

Court Of Appeal Certifies Negligence Claim Against Gun Manufacturer For Mass Shooting

Canada Litigation

BJ

Bennett Jones LLP

Jan Marin Discusses Fertility Errors On This Matters Podcast

Canada Litigation

GP

Gluckstein Lawyers

The Foreseeability Of Theft: When Lack Of Consent Isn't Sufficient For Motor Vehicle Owners

Canada Transport

BM

Blaney McMurtry LLP

Court Of Appeal Certifies Class Action Against Smith & Wesson: Implications For Future Lawsuits

Canada Litigation

MO

McLeish Orlando LLP

"But For" Test, Credibility And Adverse Inference: Another Coffee Cup Case!

Canada Litigation

PV

Pallett Valo LLP

Commercial Litigation Insights: Restrictions On Liability For Pure Economic Loss Put The Brakes On Class Action Against BMW

Canada Litigation

WL

WeirFoulds LLP

When Is Rent "Rent"? – Ontario Court Of Appeal Narrows Definition Of "Rent" Under The Real Property Limitations Act

Canada Real Estate

PV

Pallett Valo LLP

Defence Medical Examinations In Ontario: Fairness Remains The Guiding Principle

Canada Litigation

PV

Pallett Valo LLP

Handling Of Warning Letters By Disciplinary Councils And In Civil Matters

Canada Litigation

L,

Langlois Lawyers, LLP

Class Action Lawsuit Against Gun Manufacturer Gets Certified (Price v. Smith & Wesson Corp.)

Canada Litigation

GR

Gardiner Roberts LLP

Limitation Periods And The "Appropriate Means" Test In Suing Prior Counsel

Canada Litigation

DS

Devry Smith Frank LLP

Court Of Appeal Summaries (June 23-27, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

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Latest Videos

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Winning Your Case At Discovery With Richard Halpern (Video)

GP

Gluckstein Lawyers

Causation: A Judicial Perspective With Madam Justice Darla Wilson And Richard Halpern (Video)

GP

Gluckstein Lawyers

How Long Will It Take For My Case To Be Finished? (Video)

BA

Bogoroch & Associates LLP

Toronto Commercial Litigation And Employment Lawyer Nicholas Reinkeluers (Video)

DS

Devry Smith Frank LLP

Free On-Demand Birth Injury Webinar Series: For Parents Contemplating Medical Malpractice Suit (Video Content)

HS

Howie, Sacks & Henry LLP

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