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.

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

GM Temporarily Cuts Shifts At Detroit Electric Vehicle Plant Automotive Weekly

Canada Transport

CM

Crowe MacKay LLP

Tariffs Up, Tariffs Down: What Businesses Need To Know

Canada International

MT

McCarthy Tétrault LLP

Is Your Song Ready For A TV Or Film Placement? — Pitfalls To Avoid (Video)

EC

Edwards Creative Law

US Suspends De Minimis Duty-Free Treatment

Canada International

MK

Millar Kreklewetz

Navigating Procurement Reforms And Cost Pressures In Ontario's Construction Sector

Canada Government

WT

Whitelaw Twining

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

In the summer of 2018, a mass shooting took place on Toronto's Danforth Avenue, where fifteen people were shot and two lost their lives.

Canada Litigation

MO

McLeish Orlando LLP

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

My family and I were grateful to celebrate Canada Day in Ottawa this year and had wonderful memories.

Canada Litigation

PV

Pallett Valo LLP

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

Tort law in Canada narrowly restricts liability in negligence for pure economic loss. This is demonstrated in the recent decision of the Court of Appeal for Ontario in North v. Bayerische Motoren Werke AG, 2025 ONCA 340...

Canada Litigation

WL

WeirFoulds LLP

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

In a recent decision involving a commercial lease dispute, the Ontario Court of Appeal provided clarification on what constitutes "rent" under the Real Property Limitations Act(the "RPLA").

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

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

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

A recent decision from the Ontario Court of Appeal has reaffirmed the public interest value of Pierringer Agreements.

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)

During the course of a retainer, lawyers may communicate with an agent acting on behalf of their client for the purposes of receiving and acting upon instructions. In some cases...

Canada Litigation

GR

Gardiner Roberts LLP

Contracts For Services vs. Contracts For Goods In Ontario

In Ontario's fast-paced and constantly changing business landscape, contracts are the basis of all commercial relationships in law. Whether you're a businessperson ordering stock for resale, a tech firm providing...

Canada Commercial

Pacific Legal PC

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

The Ultimate Issue Rule, the common law principle which prohibited litigants from leading opinion evidence on the ultimate issue before the court, has long since been relaxed.

Canada Litigation

SU

Singleton Urquhart Reynolds Vogel LLP

Negligent Construction: Claims For Latent Defects Causing Danger

Canada Real Estate

SW

Soloway Wright

Recent Canadian Product Liability Case Law Highlights

There have been several significant new developments in product liability cases across Canada in the past year.

Canada Consumer

BL

Borden Ladner Gervais LLP

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

Le 21 septembre 2020, Denis Garant, 53 ans, est décédé après avoir perdu le contrôle de son camion-benne qui a fini sa course dans un arbre. Pourtant, il avait déjà signalé à son superviseur...

Canada Employment

BB

BCF Business Law

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

In North v. Bayerische Motoren Werke AG, the certification judge had certified a class against against BMW as a result of defective N20 engines. On appeal, the certification was set aside...

Canada Litigation

BM

Blaney McMurtry LLP

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

In the recent Ontario Court of Appeal decision of Huether v. Sharpe, [2025] O.J. No. 802, the court overturned the lower court's ruling and clarified the interpretation of a "continuous act or omission" under s. 15(6)(a) of the Limitations Act.

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

Who's At Fault? Understanding Negligence In Cyclist And Motor Vehicle Collisions

Canada Litigation

PM

PMP Law

Understanding Medical Malpractice Claims In Ontario: What You Need To Know

Canada Litigation

PM

PMP Law

Understanding Compensation In Wrongful Death Cases: What Families Need To Know

Canada Litigation

PM

PMP Law

Facing Medical Malpractice In Ontario: Why You Don't Have To Go At It Alone

Canada Litigation

PM

PMP Law

The Cost Of Ignoring Workplace Safety: Construction Supervisor Charged With Criminal Negligence Causing Death

Canada Real Estate

PV

Pallett Valo LLP

Claim For Ineffective Assistance Of Counsel Dismissed As A Collateral Attack (Mann v. Royle)

Canada Litigation

GR

Gardiner Roberts LLP

Workplace Safety And Criminal Negligence

Canada Real Estate

CW

Clark Wilson LLP

Case Commentary: Pyxis v. AGC – Rectification Order Does Not Replace Due Diligence, Poorly Drafted Agreements With Accountants

Canada Litigation

RS

Rotfleisch & Samulovitch P.C.

Six Limitation Periods You Need To Be Aware Of In An Estates Dispute

Canada Litigation

MT

Miller Thomson LLP

Plaintiff Obtains Summary Judgment Against Former Lawyers (Longarini v. Llyod)

Canada Litigation

GR

Gardiner Roberts LLP

Court Of Appeal Summaries (February 10 – 14)

Canada Litigation

BM

Blaney McMurtry LLP

Case Commentary: Yadgar v. The King – When Trusting Your Accountant 100% Is Not An Acceptable Defense In The Tax Court Of Canada

RS

Rotfleisch & Samulovitch P.C.

Slip And Fall: If There Was A Warning Or I Signed A Waiver, Can I Still Sue?

Canada Litigation

Boland Romaine LLP

Understanding Municipal Liability – Thornhill v. York Region

Canada Litigation

Boland Romaine 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

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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