Canada: Arbitration & Dispute Resolution

The Supreme Court of Canada has issued a landmark ruling establishing that the Constitution guarantees judicial review of all aspects of administrative decisions, both factual and legal. In Democracy Watch v. Canada (Attorney General), the Court struck down a privative clause that attempted to limit judicial review, confirming that legislatures cannot constitutionally oust the courts' supervisory jurisdiction over administrative bodies. This decision fundamentally reshapes the landscape of administrative la

The Ontario Superior Court recently upheld an arbitration award despite finding the arbitrator committed an error of law, ruling that "final and binding" language in the parties' arbitration agreement precluded any right of appeal. This decision highlights the significant consequences contractual language about arbitration finality can have on a party's ability to challenge an unfavorable award, even when a court would otherwise agree with the unsuccessful party's position.

A British Columbia Court of Appeal decision confirms that executors who pursue litigation primarily for their own benefit rather than the estate's interests may be held personally liable for legal costs. The ruling examines when courts will look beyond an executor's representative capacity to determine who truly benefits from estate litigation and under what circumstances personal cost liability may be imposed.

Manufacturing disputes can quickly escalate from legal risks to business risks, affecting production timelines, customer commitments, and revenue. Understanding when to use mediation versus arbitration—and how to sequence them strategically—can help Ontario manufacturers resolve conflicts efficiently while preserving relationships and maintaining operational stability.

The Federal Court has issued a landmark ruling on stream ripping services that circumvent YouTube's security measures to create permanent downloads of content meant only for streaming.

The Alberta Court of Appeal has narrowed the scope for common law remedies when improper claims are filed under the Public Works Act, reversing a lower court decision that would have allowed contractors to pursue tort claims for abuse of process. This decision reaffirms existing gaps in the legislation, meaning payments may continue to be withheld from contractors on public works projects due to improper claims, with limited recourse available.

Québec contract law distinguishes between genuine defects of consent and economic errors in business transactions. While parties cannot typically annul contracts simply because a deal proved unprofitable, courts will intervene when errors relate to essential elements that determined consent, provided those errors are excusable and not merely miscalculations of economic value.

Une partie à un procès peut-elle avoir une seconde chance de faire valoir un argument non invoqué initialement? Dans l’arrêt Patrick Street Holdings Ltd. c. 11368 NL Inc....

Two recent Federal Court decisions bring welcome clarity to the scope of the Gillette defence – the argument that a defendant cannot infringe a valid patent because its product is the same as what the prior art already disclosed.