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
The Setting Aside Of An Arbitral Award Caused By AI “Hallucinations”: A Case Analysis Of The Quebec Superior Court’s Decision In ARIHQ C. Santé Québec
A Quebec court set aside an arbitral award after discovering the arbitrator relied on AI-generated fictitious case citations and non-existent legal literature to support core legal conclusions. This landmark decision examines whether improper use of generative AI in arbitration constitutes a procedural violation sufficient to invalidate an award, and what safeguards parties should implement to prevent AI hallucinations from compromising arbitral integrity.
Canada Litigation
JT
Beijing Jincheng Tongda & Neal Law Firm
Article
Speak Now or Forever Lose the Point: Federal Court of Appeal on Raising Issues Early Before Administrative Decision-Makers
The Federal Court of Appeal has clarified that parties participating in administrative processes must raise important concerns in a timely manner, or risk having those arguments weakened on judicial review. In a case involving an offshore oil development project, the court examined when late-raised issues can affect the reasonableness of a Minister's decision and what constitutes adequate Crown consultation with Indigenous groups.
Canada Litigation
MT
McCarthy Tétrault LLP
Article
Lost Development Profits in Failed Real Estate Deals: ONCA Clarifies Damages and Mitigation
The Ontario Court of Appeal examines whether lost development profits can be recovered when a commercial real estate transaction fails, and what evidence is required to establish that damages should be reduced through mitigation. The decision provides critical guidance on when courts will award damages beyond traditional market-value measures in real estate disputes.
Canada Litigation
MT
McCarthy Tétrault LLP
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Disclosure & Electronic Discovery & Privilege

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Arbitration & Dispute Resolution

Article
The Setting Aside Of An Arbitral Award Caused By AI “Hallucinations”: A Case Analysis Of The Quebec Superior Court’s Decision In ARIHQ C. Santé Québec
A Quebec court set aside an arbitral award after discovering the arbitrator relied on AI-generated fictitious case citations and non-existent legal literature to support core legal conclusions. This landmark decision examines whether improper use of generative AI in arbitration constitutes a procedural violation sufficient to invalidate an award, and what safeguards parties should implement to prevent AI hallucinations from compromising arbitral integrity.
Canada Litigation
JT
Beijing Jincheng Tongda & Neal Law Firm
Article
“Real And Substantial” Issues In Cross-Border Disputes
Lenczner Slaght, Canada's leading litigation firm, celebrates its seventh consecutive year as Litigation & Dispute Resolution Boutique Law Firm of the Year at the 2026 Canadian Law Awards. The firm welcomes 11 exceptional law students for summer positions and honors Sahar Talebi with the 2025 Dual JD Transnational Leader Award for her outstanding international contributions to the legal profession.
Canada Litigation
LS
Lenczner Slaght LLP
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Court Procedure

Article
The Setting Aside Of An Arbitral Award Caused By AI “Hallucinations”: A Case Analysis Of The Quebec Superior Court’s Decision In ARIHQ C. Santé Québec
A Quebec court set aside an arbitral award after discovering the arbitrator relied on AI-generated fictitious case citations and non-existent legal literature to support core legal conclusions. This landmark decision examines whether improper use of generative AI in arbitration constitutes a procedural violation sufficient to invalidate an award, and what safeguards parties should implement to prevent AI hallucinations from compromising arbitral integrity.
Canada Litigation
JT
Beijing Jincheng Tongda & Neal Law Firm
Article
Speak Now or Forever Lose the Point: Federal Court of Appeal on Raising Issues Early Before Administrative Decision-Makers
The Federal Court of Appeal has clarified that parties participating in administrative processes must raise important concerns in a timely manner, or risk having those arguments weakened on judicial review. In a case involving an offshore oil development project, the court examined when late-raised issues can affect the reasonableness of a Minister's decision and what constitutes adequate Crown consultation with Indigenous groups.
Canada Litigation
MT
McCarthy Tétrault LLP
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Sovereign Immunity: Public Sector Government

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Latest Videos

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