Litigation Law, Mediation Law and Arbitration Law

A penal clause in Quebec contracts predetermines damages for non-performance, offering both protection and limitations. While it simplifies proof of damages for creditors, it may also cap compensation below actual losses. Understanding when additional damages can be claimed and how courts may reduce abusive penalties is essential for effective contract drafting.

La clause pénale permet aux parties de prédéterminer le montant des dommages-intérêts en cas d'inexécution contractuelle, mais elle comporte des avantages et des limites pour le créancier et le débiteur.

Winning a judgment in court is only half the battle—collecting the debt owed requires strategic use of legal enforcement tools. This comprehensive guide series explores the various methods available to judgment creditors in British Columbia, from registering judgments against property to compelling debtors to disclose their assets under oath.

In Sakab Saudi Holding Company v. Al Jabri, 2026 ONCA 586, the Ontario Court of Appeal provided important guidance on the scope of solicitor-client privilege in the context of a civil fraud claim

L'intelligence artificielle générative permet désormais de créer des hypertrucages si réalistes qu'ils menacent l'intégrité des preuves numériques présentées devant les tribunaux. Les cadres d'authentification traditionnels, conçus avant l'avènement de cette technologie, sont-ils encore suffisants pour garantir la fiabilité des photographies, vidéos et enregistrements audio produits en preuve? Les avocats doivent maintenant adopter de nou

In Sakab Saudi Holding Company v. Al Jabri, 2026 ONCA 586 (“Sakab”), the Ontario Court of Appeal clarified the law in ruling that the crime-fraud exception to solicitor-client privilege may apply in civil cases, although the exception will be narrowly construed.

When winter conditions lead to a slip and fall injury on public property in Alberta, understanding liability becomes crucial. Municipalities and contractors face different standards of negligence, and strict notification deadlines can impact your ability to seek compensation.

In Wiebe v Johnson & Johnson Inc., 2026 ONCA 597, the Ontario Court of Appeal dismissed three appeals arising from the respondents’ successful motions for summary judgment where the claims were dismissed as statute-barred under the Limitations Act, 2002.[1] The Court held that the claims were discoverable more than two years before the claims were issued. The respondents manufactured polypropylene mesh products that were implanted in each of the appellants during their respective hernia repair surgeries. Each of the appellants brought their claims more than three years after their final surgeries and removal of the mesh. The Superior Court had granted the respondents’ motions for summary judgment in July 2025 (see 2025 ONSC 3958).

If you were hit by a car as a pedestrian in Ontario, you may be dealing with pain, medical appointments, missed work, insurance forms, and questions about what to do next. The most important steps are to get medical attention, report the collision, obtain the driver’s insurance information, apply for accident benefits, follow your treatment plan, and speak with a personal injury lawyer if your injuries are serious.

The Ontario Superior Court of Justice has certified punitive damages as a common issue in an environmental contamination class action, marking a rare development in Canadian class action litigation. The ruling examines whether a public body's alleged failure to warn residents about possible drinking water contamination and delayed investigation could constitute conduct warranting punitive damages, with significant implications for organizations managing environmental incidents.

The Ontario Court of Appeal has upheld a lower court's decision refusing to certify a class action alleging systemic childhood sexual abuse within Canadian Jehovah's Witness congregations. The ruling examines whether highly individualized abuse claims involving different perpetrators, activities, and locations across various congregations can satisfy the commonality requirements necessary for class action certification, or whether individual proceedings would better serve the interests of justice.

A Quebec Superior Court partially authorized a class action against 13 automakers over smart key vulnerabilities that enable relay attacks, raising critical questions about manufacturer liability for cybersecurity flaws and the extent of their duty to inform consumers about technology-related risks. The decision also breaks new ground by addressing whether AI-generated translations can be admitted as evidence in court proceedings.