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.

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

On my evening walk one day last week, I was surprised to see that the streetlights in our neighbourhood were on before I reached my house.

Canada Litigation

LL

Lerners LLP

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

Canada Real Estate

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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

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

Canada Litigation

MT

McCarthy Tétrault LLP

Close, But No Bad Faith: The Fine Line Between Insurers Being Wrong And Acting In Bad Faith

Canada Insurance

FR

Fillmore Riley

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

Canada Technology

BC

Blake, Cassels & Graydon LLP

Understanding The 2025 Federal Budget: Implications For Canadian Charities And Non-profits

Canada Commercial

MT

Miller Thomson LLP

Significant Amendments Announced To The Accord Acts – Final Update

CP

Cox & Palmer

Canada Opens 2026 TRQ Applications

Canada International

MK

Millar Kreklewetz

Medical Malpractice & Sepsis

Early recognition and treatment of sepsis are critical to prevent serious complications and fatal outcomes. Unfortunately, early-stage sepsis is often misdiagnosed...

Canada Litigation

HS

Howie, Sacks & Henry LLP

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

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of September 22, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

Beyond Repair: Valuing Residential Property Loss In Litigation

When a residential property is destroyed due to negligence, assessing damages is a critical factor for insurers in evaluating litigation risks.

Canada Litigation

ML

McKercher LLP

Court Of Appeal Summaries (September 8 – 12, 2025)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of September 8, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

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

Canada Real Estate

WT

Whitelaw Twining

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

Canada Litigation

GR

Gardiner Roberts LLP

Court Of Appeal Summaries (August 25 – August 29)

Canada Litigation

BM

Blaney McMurtry LLP

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

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

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

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

The Court of Appeal for Ontario has certified a class action against the manufacturer of a stolen handgun used to carry out the 2018 mass shooting on Danforth Avenue in Toronto, reversing in part the motion judge's decision below.

Canada Litigation

BJ

Bennett Jones LLP

Jan Marin Discusses Fertility Errors On This Matters Podcast

Mistakes at fertility clinics can have life-altering consequences.

Canada Litigation

GP

Gluckstein Lawyers

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

Section 192(2) of the Highway Traffic Act holds owners of a motor vehicle liable for loss caused by a driver unless the vehicle is taken without the owner's consent.

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

Handling Of Warning Letters By Disciplinary Councils And In Civil Matters

Did you know that a warning letter or caution issued by the office of the syndic of a professional order can have significant repercussions, even if no formal complaint is filed?

Canada Litigation

L,

Langlois Lawyers, LLP

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

The use of handguns can result in a person being seriously injured or killed. Accordingly, there has been much public debate about whether gun manufacturers should be held liable for the misuse of a handgun...

Canada Litigation

GR

Gardiner Roberts LLP

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

When it comes to suing prior counsel for professional negligence, caselaw has shown us that timing is crucial. In Ontario, the Limitations Act, 2002 provides a standard two-year limitation period...

Canada Litigation

DS

Devry Smith Frank LLP

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

In Price v. Smith & Wesson, the Court partially allowed the plaintiffs' appeal of a motion judge's decision to not certify their class action. The Court certified their negligence claim against a gun manufacturer...

Canada Litigation

BM

Blaney McMurtry LLP

Success At Trial – Grandfather Not Liable For Grandson's Actions In Fatal Collision

Canada Litigation

Wallace Smith LLP

Ontario Court Of Appeal Doubles Down On Pierringer Agreements: Why Going First Pays Off In Complex Litigation

Canada Litigation

GW

Gowling WLG

Lawyer Did Not Breach Standard Of Care By Following Instructions Of Client's Agent (Shortreed Joint Venture Ltd. v Guvi)

Canada Litigation

GR

Gardiner Roberts LLP

Contracts For Services vs. Contracts For Goods In Ontario

Canada Commercial

Pacific Legal PC

The Ultimate Issue Rule: Reports Of Its "Death" Have Been Exaggerated

Canada Litigation

SU

Singleton Urquhart Reynolds Vogel LLP

Negligent Construction: Claims For Latent Defects Causing Danger

Canada Real Estate

SW

Soloway Wright

Moo-Ving Past Negligence: Court Dismisses Negligence Claim Without Evidence Of Breach

Canada Litigation

SB

SBA Lawyers LLP

Court Of Appeal Summaries (May 19 – 23, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Cuts Off Speculative Product Liability Claims

Canada Litigation

BJ

Bennett Jones LLP

Waiver Wins: Ontario Court Enforces Liability Waiver For Cycling Race

Canada Litigation

LL

Lerners LLP

Recent Canadian Product Liability Case Law Highlights

Canada Consumer

BL

Borden Ladner Gervais LLP

Négligence SST : 5 ans de prison pour un superviseur ontarien !

Canada Employment

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BCF Business Law

Court Of Appeal Summaries (April 28 – May 2, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Ontario Court Of Appeal Clarifies Interpretation Of A 'Continuous Act Or Omission'

Canada Real Estate

LL

Lerners LLP

Summaries Of R V. Ominayak, 2025 ABKB 69 And R v Pietz, 2025 MBCA 5

Canada Litigation

AH

Alexander Holburn Beaudin + Lang LLP

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

GP

Gluckstein Lawyers

Causation: A Case Study With Richard Halpern (Video)

GP

Gluckstein Lawyers

Choosing A Personal Injury Firm – What You Need To Consider (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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