Worldwide: Trials & Appeals & Compensation

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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
Drowning Accidents And Liability In Ontario
Understanding when drowning and near-drowning incidents may give rise to legal claims in Ontario, this analysis examines occupiers' liability, safety obligations for pools and natural bodies of water, and the types of evidence needed to establish negligence. With Ontario recording an average of 190 water-related deaths annually, knowing who may be responsible and what preventative measures should have been in place can help families access support after a tragedy.
Canada Litigation
MO
McLeish Orlando LLP
Article
Spoliation After SS&C Technologies: The Supreme Court Of Canada Reshapes The Law Of Destroyed Evidence
The Supreme Court of Canada has issued its first spoliation decision in over a century, establishing a definitive four-part test for proving intentional evidence destruction and mandating adverse inferences against parties who destroy relevant litigation evidence. This landmark ruling clarifies when courts must penalize document destruction, expands available remedies beyond adverse inferences, and reinforces that parties cannot benefit from evidentiary uncertainty they deliberately create.
Canada Litigation
MT
Miller Thomson LLP
Article
ABCA Confirms Rule 4.33 Is Only Meant To “Prune Out Actions That Have Truly Died”
In Baron Real Estate Investments Ltd v Tri-Arrow Industrial Recovery Inc, 2026 ABCA 249, the Court of Appeal restored an action that had been dismissed for long delay under rule 4.33 of the Alberta Rules of Court. The sole question was whether service of a supplemental affidavit of records significantly advanced the action. The chambers judge said no, on the basis that the supplemental records went only to peripheral issues and should have been produced years earlier. The Court of Appeal disagreed on both points and allowed the appeal.
Canada Litigation
BR
Bow River Law
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