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
Ontario Court Of Appeal Weighs In On The Bounds Of Solicitor-client Privilege
The Ontario Court of Appeal has ruled on the protection of lawyers' trust ledgers under solicitor-client privilege, addressing whether these financial records can be compelled in civil fraud proceedings. The decision examines the scope of the crime-fraud exception to privilege and whether it applies beyond criminal cases to civil matters involving allegations of fraudulent conduct and breach of court orders.
Canada Litigation
TL
Torys LLP
Article
Recent Decisions Illustrate The Consequences Of Deficient Or Absent Motion Materials
Recent Ontario Superior Court decisions demonstrate how procedural missteps in civil litigation can derail even straightforward motions. From improperly served materials and excessive hearsay to missing factums and deficient affidavits, these cases reveal the tangible consequences when litigants fail to comply with the Rules of Civil Procedure. Courts are increasingly willing to adjourn, dismiss, or deny relief when parties cannot meet basic evidentiary and procedural requirements.
Canada Litigation
GR
Gardiner Roberts LLP
Article
Surveillance Evidence Kept Out Of Court | Taylor v. Brar, 2026 BCSC 96
The Supreme Court of British Columbia has ruled that video surveillance evidence obtained after defence counsel improperly shared a plaintiff's confidential mediation brief with private investigators must be excluded from trial. This decision reinforces the fundamental principle that settlement negotiation privilege protects parties engaging in good faith mediation, and violations of this privilege will result in strict exclusionary remedies to preserve the integrity of the settlement process.
Canada Litigation
CC
CLC (Canadian Litigation Counsel)
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Disclosure & Electronic Discovery & Privilege

Article
Surveillance Evidence Kept Out Of Court | Taylor v. Brar, 2026 BCSC 96
The Supreme Court of British Columbia has ruled that video surveillance evidence obtained after defence counsel improperly shared a plaintiff's confidential mediation brief with private investigators must be excluded from trial. This decision reinforces the fundamental principle that settlement negotiation privilege protects parties engaging in good faith mediation, and violations of this privilege will result in strict exclusionary remedies to preserve the integrity of the settlement process.
Canada Litigation
CC
CLC (Canadian Litigation Counsel)
Article
Staged Collisions, Surprise Discoveries, And The Limits Of Privilege
A rear-end collision in Ontario evolved into allegations of insurance fraud and conspiracy after the defendant testified he was paid to participate in what may have been a staged accident. The court's April 2026 ruling addresses litigation privilege over pre-litigation investigations, the threshold for amending pleadings based on newly discovered evidence, and procedural rights for unrepresented third parties.
Canada Litigation
PV
Pallett Valo LLP
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Arbitration & Dispute Resolution

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Court Procedure

Article
Ontario Court Of Appeal Weighs In On The Bounds Of Solicitor-client Privilege
The Ontario Court of Appeal has ruled on the protection of lawyers' trust ledgers under solicitor-client privilege, addressing whether these financial records can be compelled in civil fraud proceedings. The decision examines the scope of the crime-fraud exception to privilege and whether it applies beyond criminal cases to civil matters involving allegations of fraudulent conduct and breach of court orders.
Canada Litigation
TL
Torys LLP
Article
Recent Decisions Illustrate The Consequences Of Deficient Or Absent Motion Materials
Recent Ontario Superior Court decisions demonstrate how procedural missteps in civil litigation can derail even straightforward motions. From improperly served materials and excessive hearsay to missing factums and deficient affidavits, these cases reveal the tangible consequences when litigants fail to comply with the Rules of Civil Procedure. Courts are increasingly willing to adjourn, dismiss, or deny relief when parties cannot meet basic evidentiary and procedural requirements.
Canada Litigation
GR
Gardiner Roberts LLP
Article
Surveillance Evidence Kept Out Of Court | Taylor v. Brar, 2026 BCSC 96
The Supreme Court of British Columbia has ruled that video surveillance evidence obtained after defence counsel improperly shared a plaintiff's confidential mediation brief with private investigators must be excluded from trial. This decision reinforces the fundamental principle that settlement negotiation privilege protects parties engaging in good faith mediation, and violations of this privilege will result in strict exclusionary remedies to preserve the integrity of the settlement process.
Canada Litigation
CC
CLC (Canadian Litigation Counsel)
See more

Sovereign Immunity: Public Sector Government

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Latest Videos

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