Litigation Law, Mediation Law and Arbitration Law

Trademark owners facing expungement for failing to file evidence of use in section 45 proceedings may have recourse through the Federal Court appeal process. The recent Lion Corporation case demonstrates how administrative errors by trademark agents can be remedied, allowing registrants to file additional evidence and potentially reinstate their registrations when the failure was beyond their control.

Bill C-31 expands the Canada Revenue Agency's audit powers while doubling the amounts heard under the Tax Court's Informal Procedure, creating a structural imbalance where the Crown gains greater means to build its case while taxpayers lose procedural safeguards to test it. The Canadian Institute for Tax Controversy Studies argues that these changes require safeguards including advance disclosure, pre-hearing examinations, and independent oversight before implementation.

The Free State High Court declined to grant an application to enforce an arbitration award while it remained suspended in Lesotho.

Saskatchewan has officially brought The Defamation Act into force. The Defamation Act replaces the province's century-old Libel and Slander Act, which had been in place since 1909. The new legislation reflects the realities of modern communication and is designed to address how reputational harm occurs in an era dominated by online publishing, social media, and digital news platforms.

In SGS Canada Inc v. Carrier, 2026 ONSC 4751 (CanLII), the corporate plaintiff was a Canadian subsidiary of a large multinational company operating laboratories and offices across the country. The defendant was a manager of business development for the plaintiff for approximately two years until October 2025, when his employment was terminated without cause.

A Canadian court awarded $800,000 in damages to a couple defamed by serious false allegations of sexual assault and criminal misconduct spread through social media. The case examines how factors like the severity of accusations, use of social media platforms, and a defendant's failure to mount a defense can dramatically escalate defamation damages beyond typical awards.

Fraudulent investment schemes often promise unusually high returns with little apparent risk. For a period of time, the promoter may make regular payments to investors and describe those payments as interest, profits, commissions, or investment returns.

If you have already filed a Notice of Objection and the CRA has confirmed a reassessment you disagree with, your next stop is the Tax Court of Canada, and the Informal Procedure vs. General Procedure decision is one of the first strategic choices you and your Canadian tax litigation lawyer will make.

A CRA loss denial means the CRA has reassessed to disallow a claimed business, rental, trading, or investment loss. The taxpayer generally has 90 days from the notice of reassessment to file a Notice of Objection, and may appeal to the Tax Court of Canada if the objection fails.

When a trusted attorney abuses their authority under a power of attorney, family members often wonder if removal is possible. Ontario courts have the power to remove attorneys, but only with strong evidence of misconduct and when removal serves the incapable person's best interests.

This comprehensive weekly summary examines critical Court of Appeal decisions addressing paralegal licensing authority in immigration matters, the proper use of vesting orders in family law enforcement, and the interpretation of indemnity agreements in commercial transactions. The cases explore fundamental questions about jurisdictional boundaries, procedural fairness, and the balance between creditor rights and family law remedies.

In a significant development for Canadian privacy law, the Court of King’s Bench of Alberta (the “Court”) has recognized the tort of intrusion upon seclusion in BD v Germain (“Germain”).[1] Ontario recognized the tort more than a decade ago in Jones v Tsige (“Jones”), and Alberta has now done the same.