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.

BC Supreme Court's Recent Cowichan Decision

On August 7, 2025, the British Columbia Supreme Court (the Court) released the landmark decision, Cowichan Tribes v Canada (Attorney General) (Cowichan).

Canada Litigation

BD

Burnet, Duckworth & Palmer LLP

Unveiling The Hidden Risks: How CVCs Can Cause Serious Harm To Patients

When Shirley had a central venous catheter (CVC) implanted to provide easier access to her veins for treatment of a chronic health condition...

Canada Litigation

SL

Siskinds LLP

Lawyer Spotlight: Tara Sweeney – Advocating For Justice In Complex Medical Malpractice Cases

At Soloway Wright LLP, medical malpractice law demands a rare blend of legal precision, empathy, and resilience. Senior Litigation Partner, Tara Sweeney, brings all three to every file...

Canada Litigation

SW

Soloway Wright

The Hidden Terms Of Settlement: When Courts Imply A Mutual Release

When parties reach a settlement, they expect finality. But as the British Columbia Court of Appeal (the "Court" or the "Court of Appeal") recently confirmed in Chan v. Chan (2025 BCCA 262)...

Canada Litigation

MT

Miller Thomson LLP

Excessive Use Of Force: Your Rights If You've Been Injured

Canada Litigation

LL

Lerners LLP

Cross-Border Car Accidents: What Ontarians Need To Know If Injured In The U.S.

Worldwide Litigation

LL

Lerners LLP

Ontario Court Of Appeal Clarifies Approach To Dispute Resolution Timelines

Canada Litigation

GW

Gowling WLG

Is It Viable? Is It Common? British Columbia Court Of Appeal Reinforces Requirements For Certification

Canada Litigation

TL

Torys LLP

Slip And Fall Accidents: More Common Than You Think

Canada Litigation

WG

Watson Goepel LLP

Electric Scooter Accidents: Hidden Risks On Ontario Streets

Canada Litigation

LL

Lerners LLP

The SCC Leave Project: Predictions For October 16, 2025

Canada Litigation

LS

Lenczner Slaght LLP

Abusive Arbitration Clauses In Contracts Of Adhesion: Quebec Court Of Appeal Reaffirms The Importance Of Access To Justice

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Can Family Members Claim Their Own Losses When A Loved One Is Hurt Or Killed?

Canada Litigation

LL

Lerners LLP

Understanding Compensation After A Motor Vehicle Accident

Canada Litigation

HS

Howie, Sacks & Henry LLP

AI "Workslop," The New Typo: Can A Culture Of Quality Guide Legal Teams Using AI?

Canada Technology

D

Dentons Canada LLP

Ontario Court Of Appeal Upholds Certification Of Class Proceeding On Behalf Of Cryptocurrency Traders: Confirms That The Novelty And Inherent Risk Of Such Financial Instruments Necessitates Adequate & Timely Disclosure

Canada Technology

DA

DMG Advocates

Streamlining Labour: Ontario's Legislative Shift On Labour Mobility

Canada Employment

C

CCPartners

Is Your Song Ready For A TV Or Film Placement? — Pitfalls To Avoid (Video)

EC

Edwards Creative Law

Robots Rejected: Canada Denies AI As Patent Inventor

LS

Lenczner Slaght LLP

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Disclosure & Electronic Discovery & Privilege

Tax Court Rejects The CRA's Attempt To Obtain Documents Protected By Solicitor-Client Privilege: Stack v The King, 2024 TCC 137

In Stack v The King, 2024 TCC 137, the Tax Court of Canada blocked the Canada Revenue Agency's attempt to obtain various documents, including an email record, that were protected by solicitor-client privilege.

Canada Litigation

RS

Rotfleisch & Samulovitch P.C.

Selective Disclosure = Full Exposure: BC Court Expands Privilege Waiver In Coverage Case

The Insurer's ‘liberal' approach to document production opened the door to wider waiver of privilege in Pacific Sands Beach Resort v. Co-Operators General Insurance Company, 2025 BCSC 858.

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

AI Notetaking In The Legal And Business Context: Does It Risk Confidentiality Or Privilege?

As businesses modernize, many are turning to artificial intelligence (AI) tools to increase productivity and lower costs. One such tool is AI notetaking—automated meeting transcriptions...

Canada Technology

BJ

Bennett Jones LLP

Be Careful What You Waive: Partial Disclosure Of Privileged Documents Can Create Unintended Consequences

Canada Insurance

MA

MLT Aikins LLP

Sexual Abuse Survivors Beware — The Defamation Risk

Canada Litigation

LL

Lerners LLP

Protecting Privilege In Privacy Breach Investigations: 2025 Privacy Breach Insights – Part 4

MT

McCarthy Tétrault LLP

Lawyer Did Not Breach Privilege By Disclosing Confidential Email To Former Clients' Trustee In Bankruptcy (Milot Law v. Sittler)

Canada Insolvency

GR

Gardiner Roberts LLP

Defamation In Academia: A Legal And Practical Limit On Academic Freedom

Worldwide Litigation

WL

WeirFoulds LLP

Estate Administration And The Issue Of Privilege

LK

Lindsay Kenney LLP

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Arbitration & Dispute Resolution

Abusive Arbitration Clauses: What Businesses Can Learn From The Dispute Between Hydro-Québec And Terrassement St-Louis

Arbitration clauses are often used in commercial contracts to provide a quick and confidential means for resolving disputes. But what happens when such a clause, although validly drafted...

Canada Commercial

MT

Miller Thomson LLP

Clauses d'arbitrage abusives : ce que les entreprises doivent retenir du litige entre Hydro-Québec et Terrassement St-Louis

Les clauses d'arbitrage sont couramment utilisées dans les contrats commerciaux pour offrir un mode de résolution des différends rapide et confidentiel. Mais que se passe-t-il lorsqu'une telle clause...

Canada Commercial

MT

Miller Thomson LLP

Ontario Court Of Appeal Clarifies Approach To Dispute Resolution Timelines

The Ontario Court of Appeal recently found that a time period in a construction contract for mediation served as a resolution period and not a required precondition for escalating...

Canada Litigation

GW

Gowling WLG

Prompt Payment Legislation Arrives In British Columbia: What You Need To Know

Canada Real Estate

SU

Singleton Urquhart Reynolds Vogel LLP

The SCC Leave Project: Predictions For October 16, 2025

Canada Litigation

LS

Lenczner Slaght LLP

Abusive Arbitration Clauses In Contracts Of Adhesion: Quebec Court Of Appeal Reaffirms The Importance Of Access To Justice

Canada Litigation

BC

Blake, Cassels & Graydon LLP

B.C. To Enact Prompt Payment And Adjudication Legislation

Canada Real Estate

CW

Clark Wilson LLP

Adverse Possession, Municipal Parkland: Theimplications Of Kosicki v. Toronto

Canada Litigation

LL

Lerners LLP

Branching Out: Consultation On Proposed Binding Authority Framework For Ombudservice

Canada Commercial

BL

Borden Ladner Gervais LLP

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Court Procedure

Court Of Appeal Summaries (October 6 – 10, 2025)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of October 6, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Summaries (September 29 – October 3, 2025)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of September 29, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

No Offer, Big Costs: ONCA Upholds $300K Costs Award On $15K Damages

Failing to make a settlement offer can be a costly mistake—just ask the insurer ordered to pay $300,000 in costs on a $15,000 judgement.

Canada Litigation

SB

SBA Lawyers LLP

Updated Proposals For Changes To Ontario's Rules Of Civil Procedure Are Coming

Canada Litigation

LS

Lenczner Slaght LLP

New Rules, New Game: Proposed Reforms To The Ontario Rules Of Civil Procedure (Video)

Canada Litigation

SB

SBA Lawyers LLP

Court Of Appeal Summaries (September 22-26, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

"Fasten Your Seatbelts" For Civil Procedure Rules Reform

Canada Litigation

LS

Lenczner Slaght LLP

Court Of Appeal Summaries (September 15 – 19, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Ontario's Civil Litigation Shake-Up: Three Proposed Rule Changes Insurance Claims Professionals Should Know

Canada Litigation

BM

Blaney McMurtry LLP

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Sovereign Immunity: Public Sector Government

Conflit d'intérêts dans l'administration d'une succession : ce que l'affaire Virdi Estate (Re) enseigne aux exécuteurs testamentaires

Lorsque dynamique familiale et administration de succession s'entrechoquent, les conséquences peuvent être complexes, tant sur le plan émotionnel que juridique.

Canada Litigation

MT

Miller Thomson LLP

Here's The Drill: R. v. Sudbury Wrap-Up: Essential Takeaways For Construction Stakeholders

The Ontario Court of Appeal has recently issued what appears to be a final decision in the R. v. Sudbury saga; an important line of cases shaping how industry stakeholders understand their health and safety obligations on construction projects in Ontario

Canada Litigation

WL

WeirFoulds LLP

Due Diligence Delivered: The End Of The Saga For R V Greater Sudbury (City)

After six years, one trial, two decisions of the Ontario Superior Court of Justice, two decisions by the Court of Appeal for Ontario and a decision...

Canada Employment

MT

McCarthy Tétrault LLP

Class Action And Mass Torts Are Effective Tools In Personal Injury Cases

Canada Litigation

GP

Gluckstein Lawyers

Learning From Losing: Debriefing Under The Public Procurement Act

Canada Government

CP

Cox & Palmer

New, Complex Rules For Public Sector Gifts, Hospitality, And Entertainment Coming July 1st

Canada Media & IT

F

Fasken

AODA: Meeting Design Of Public Spaces Accessibility Standards During Reconstruction – Part 1

Canada Litigation

MT

Miller Thomson LLP

Navigating Through eDiscovery Challenges In The Hybrid Workplace

Canada Compliance

RC

Ricoh Canada

Trends To Watch In Tort Liability For 2022: BC Supreme Court Confirms Private Entities Can Rely On Statutory Authority As A Shield To Tort Claims Brought By Aboriginal Rights Holders

Canada Government

D

Dentons Canada LLP

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Latest Videos

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Actions collectives au Canada : à l'avant-plan des litiges pharmaceutiques (Video)

FF

Fasken (French)

Marco P. Falco Featured In Coffee With Convery Podcast

TM

Torkin Manes LLP

Sexual Abuse Lawyer Ivanna Iwasykiw Discusses Ride-Share Sexual Assault Statistics - CTV's Your Morning August 19, 2025 (Video)

GP

Gluckstein Lawyers

International Rescue – What You Can Do If Global Supply Chains Break Down (Video)

GW

Gowling WLG

Class Actions In Canada: Hot Topics Shaping Tech Litigation (Video)

F

Fasken

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