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.

The “Costs” Of Cutting Corners With AI: Mazaheri v Law Society Of Ontario

As artificial intelligence (“AI”) tools become more sophisticated and accessible, their use continues to expand across virtually every aspect of modern life.

Canada Law Practice

GR

Gardiner Roberts LLP

Décisions Clés En Responsabilité Du Fait Des Produits : Mise À Jour Semestrielle – Juin 2026

McCarthy Tétrault's Product Liability and Mass Tort Claims group analyzes three recent Canadian court decisions that clarify evidentiary standards in product liability cases. The cases address critical issues including the sufficiency of evidence at pleading stages, establishing general causation between drugs and diseases, and how litigation risk factors into settlement adequacy assessments.

Canada Consumer

MT

McCarthy Tétrault LLP

How Do I know If I Have A Professional Negligence Claim?

When professionals like accountants, lawyers, or realtors fail to meet their duty of care, it can result in significant harm to their clients. Understanding the four key elements required to prove negligence—duty of care, standard of care, breach, and resulting harm—is essential for determining whether you have grounds for a professional negligence claim.

Canada Litigation

WG

Watson Goepel LLP

Insurance Claim Denied Or Underpaid In BC? Follow This Checklist Before You Act

When an insurance claim is denied, or the payout is far lower than expected, many policyholders assume there is nothing they can do.

Canada Insurance

WG

Watson Goepel LLP

Burzuk v The King (2026 TCC 95): Using Shady Consultants? Why Tax Court Of Canada Applied Gross Negligence Penalties Of $350,000 For Illegal Tax Scheme That Grew To $1.3 Million Tax Bill

RS

Rotfleisch & Samulovitch P.C.

Lawyer Who Is Necessary Witness At Trial Removed From The Record (Bahrami V. Jagtoo)

Canada Litigation

GR

Gardiner Roberts LLP

When Settling Out Isn’t Enough: Contribution Claims After Pre-Con Builders Ltd V Neil Cooper Architect Inc

Canada Litigation

TD

Thompson Dorfman Sweatman LLP

Understanding Psychological And “Invisible Injuries” In Ontario: The Challenges Of Proving Damages

Canada Litigation

HS

Howie, Sacks & Henry LLP

Double Checking Doctor Notes: Why Human Oversight Of AI Scribe Output Is Essential

Canada Healthcare

GP

Gluckstein Lawyers

In What Circumstances Does An Occupier Of Land Have A Duty To Warn About Hidden Dangers?

Canada Litigation

WL

WeirFoulds LLP

Delegatus Non Potest Delegare: Why This Latin Expression May Mean A Lot For AI Use By Tribunal Adjudicators And Judges

Canada Litigation

TM

Torkin Manes LLP

Case Comment: Recent Tax Court Decision Balances CRA’s Broad Reassessment Powers While Placing Limits On Gross Negligence Penalties, 3278735 Nova Scotia Limited v His Majesty The King, 2026 TCC 65

RS

Rotfleisch & Samulovitch P.C.

When A Driver Says They Never Saw The Motorcycle

Canada Litigation

MO

McLeish Orlando LLP

Stacy Bailey On Medical Malpractice And Proving Negligence (Video)

Canada Litigation

GP

Gluckstein Lawyers

Crypto Tax Lawyer's Guide To DeFi, Yield Farming, & Liquidity In 2026

RS

Rotfleisch & Samulovitch P.C.

Duty To Inquire About Disabilities: Key Lessons From A Recent Ontario Human Rights Decision

Canada Employment

F

Fasken

A Recent Arbitration Decision Confirms That Gossip By Management Can Lead To Employer Liability

Canada Employment

SW

Soloway Wright

Supreme Court Of Canada Denies Leave In Wolastoqey Nation’s Aboriginal Title Claim

Canada Litigation

C

Cassels

How To Master The 24-Month Holding Period Requirement For QSBC Shares And Lifetime Capital Gains Exemption In Canada

RS

Rotfleisch & Samulovitch P.C.

Jan Marin On Birth Injury Support For Parents: You Did Nothing Wrong (Video)

When a child suffers a severe injury during birth, parents often grapple with overwhelming guilt and uncertainty about whether the trauma could have been prevented. Jan Marin, a Senior Associate at Gluckstein Lawyers...

Canada Litigation

GP

Gluckstein Lawyers

Linda O'Brien On Institutional Abuse Claims And Survivor Support (Video)

Survivors of institutional sexual abuse face unique legal challenges when holding organizations accountable for enabling perpetrators.

Canada Litigation

GP

Gluckstein Lawyers

Breakfast With Appeal: Remington Development v. CPKC (Podcast)

When a longstanding property deal falls through, can a party claim damages for hypothetical, rather than market, value? In this episode of Breakfast With Appeal...

Canada Real Estate

TL

Torys LLP

Defending Global Claims At Home: Rebalancing Transnational Mining Litigation In Ontario

Ontario courts may decline jurisdiction over transnational mining claims even when defendants have a Canadian presence, if another forum is clearly more appropriate.

MT

McCarthy Tétrault LLP

The Importance Of Contemporaneous Notes

Canada Litigation

RS

Rosen Sunshine LLP

Court Of Appeal Summaries ( May 11 – 15, 2026 )

Canada Litigation

BM

Blaney McMurtry LLP

Key Development In Tort Law: Supreme Court Of Canada Establishes New Framework For Novel Torts

Canada Litigation

LS

Lenczner Slaght LLP

Considérations Liées À La Règle Caveat Emptor Dans Le Contexte De L’immobilier Commercial

Canada Real Estate

BC

Blake, Cassels & Graydon LLP

CRA Settlement After A Reassessment: When Resolution Becomes Unstable

CT

Counter Tax Litigators

Jordan Assaraf: How Class Actions Help Hold Corporations Accountable (Video)

Canada Litigation

GP

Gluckstein Lawyers

Pinta Maguire: Why Experience Matters In Medical Malpractice Lawsuits (Video)

Canada Litigation

GP

Gluckstein Lawyers

Court Confirms Jurisdiction To Grant Liability Shields For Court Officers For Distributions

Canada Insolvency

MT

McCarthy Tétrault LLP

Canadian Court Annuls Arbitral Award For Delegation To AI, Consistent With Global Trends

Canada Litigation

MB

Mayer Brown

Intentional Misrepresentation Of Academic Qualifications Is Just Cause For Dismissal (Tudor v. Accurate Screening Ltd.)

Canada Employment

GR

Gardiner Roberts LLP

Pinta Maguire: Why Experience Matters In Medical Malpractice Lawsuits (Video)

Medical malpractice litigation represents some of the most complex and technical legal work in the country, requiring specialized knowledge, expert witnesses, and a deeply empathetic approach. Senior Counsel Pinta Maguire explains how Gluckstein Lawyers' dedicated team navigates these intricate cases to secure the lifelong care and resources that severely injured individuals desperately need when the public healthcare system falls short.

Canada Litigation

GP

Gluckstein Lawyers

Court Confirms Jurisdiction To Grant Liability Shields For Court Officers For Distributions

In One Bloor West Toronto Group (The One) Inc. (Re), 2026 ONSC 1854 (“One Bloor West”) the Ontario Superior Court of Justice helpfully confirmed the jurisdictional basis for...

Canada Insolvency

MT

McCarthy Tétrault LLP

Canadian Court Annuls Arbitral Award For Delegation To AI, Consistent With Global Trends

A Quebec court has set aside an arbitral award in which every legal citation was fabricated by artificial intelligence, establishing that arbitrators who delegate core decision-making authority to AI tools commit serious procedural failings.

Canada Litigation

MB

Mayer Brown

Intentional Misrepresentation Of Academic Qualifications Is Just Cause For Dismissal (Tudor v. Accurate Screening Ltd.)

When an employee misrepresents their academic credentials on their resume, can an employer terminate them for cause? This case examines whether false claims about possessing an MBA degree constitute sufficient grounds for dismissal without notice, and explores the boundaries of trust and honesty in the employment relationship.

Canada Employment

GR

Gardiner Roberts LLP

No Ice, No Liability: Why Evidence Trumps Inferences In BC Slip And Fall Cases

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

Court Of Appeal Summaries (April 13 - 17, 2026)

In Hartman v. Canada (Attorney General), the Court dismissed an appeal arising from the tragic death of a 17-year-old 33 days after receiving a Pfizer-BioNTech COVID-19 vaccine.

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Summaries (March 30-April 3)

In Miranda v. Balita Media Inc., the Court upheld the trial judge's finding that the 2022 publications were defamatory and confirmed that 2020 defamatory articles that could not be sued upon...

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Comments On A Possible Duty Of Care Owed By The Attorney General Of Canada

In Sienna v. Duckett, 2025 ONCA 867, the Court of Appeal allowed the plaintiffs leave to amend their claim against the Attorney General of Canada relating...

Canada Litigation

BL

Borden Ladner Gervais LLP

Association Is Not Causation: Ontario Court Dismisses Drug Liability Claim Against AstraZeneca

A 2026 decision from the Ontario Superior Court of Justice reinforces a fundamental principle of Canadian product liability law...

Canada Litigation

ML

McMillan LLP

Commentaire sur la décision Jean c. Municipalité de Saint-Stanislas-de-Kostka : la Cour supérieure sanctionne la mauvaise foi municipale et protège les attentes légitimes des propriétaires fonciers

Canada Litigation

FF

Fasken (French)

Commentary On The Decision In Jean C. Municipalité De Saint-Stanislas-de-Kostka: Superior Court Condemns Municipal Bad Faith And Upholds Landowners’ Legitimate Expectations

Canada Litigation

F

Fasken

Damages In Medical Malpractice Claims

Canada Litigation

HS

Howie, Sacks & Henry LLP

Safety Systems On Trial: Corporate Criminal Negligence In R V. J. Cote & Son Excavating Ltd.

Canada Criminal

MA

MLT Aikins LLP

Alberta Court Of Appeal Determines Tort-Feasors Act Claim Falls Under Arbitration Agreement

Canada Litigation

BD

Burnet, Duckworth & Palmer LLP

How Recent Court Rulings Shape Class Action Certification In British Columbia

Canada Litigation

SL

Siskinds LLP

Retrospective, Not Retroactive: BC Court Of Appeal Confirms Temporal Scope Of BPCPA Amendments Prohibiting Mandatory Arbitration Clauses In Consumer Contracts

Canada Litigation

MT

McCarthy Tétrault LLP

An Error In Clinical Judgment Requires Actually Exercising Clinical Judgment

Canada Litigation

SL

Siskinds LLP

Court Of Appeal Summaries (February 17 – 20, 2026)

Canada Litigation

BM

Blaney McMurtry LLP

BWA: North v. Bayerische Motoren Werke AG (Podcast)

Canada Litigation

TL

Torys LLP

Loss Of Chance- How Courts Assess Damages Where A Plaintiff Loses The Opportunity To Pursue Litigation

Canada Litigation

WT

DWF Group

No Damages Beyond "Buyer Beware": Residential Renovations, The Building Code, And Construction Negligence

Canada Real Estate

Davidson Cahill Morrison LLP

What To Do If You Have Been Bitten By A Dog

Canada Litigation

GP

Gluckstein Lawyers

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

Canada Litigation

AH

Alexander Holburn Beaudin + Lang LLP

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

Canada Litigation

BL

Borden Ladner Gervais LLP

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Latest Videos

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

GP

Gluckstein Lawyers

Winning Your Case At Discovery With Richard Halpern (Video)

GP

Gluckstein Lawyers

Are You A Victim Of Hospital Or Medical Malpractice? (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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