Canada: Arbitration & Dispute Resolution

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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
With Death, Can There Be No Limitation Period For Sexual Assault?
I recently had reason to reconsider the question of whether, in Ontario, there is a two-year or no limitation period for sexual assault where one of the parties to the alleged assault has died. I wanted to know if there had been further case law developments on this question since my 2016 blog on the topic, “Court Breaks New Ground for Sexual Assault Cases.” I was surprised to see that, ten years later, the question has yet to be answered in a clear and conclusive manner.
Canada Criminal
LL
Lerners LLP
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Article
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Canada Employment
L-
Littler - Canada
Article
Dispute Resolution Clauses – 2 Minute Drafting Tips: Bulletin #10: Addressing The Potential For Non-Parties To Be Involved In A Dispute
The purpose of this bulletin, the tenth in our “Dispute Resolution Clauses - Two Minute Drafting Tips” series, is to provide parties involved in negotiating commercial agreements with quick, actionable tips for crafting effective dispute resolution clauses. This bulletin highlights the importance of considering, at the stage of negotiating a commercial agreement, the potential for third parties to be involved in or implicated by a future dispute.
Canada Litigation
F
Fasken
Article
Court Of Appeal Applies Force Majeure Clause To COVID-19 Business Closure
The Ontario Court of Appeal has ruled that a force majeure clause can be triggered without requiring fault or breach by the affected party. In a dispute between a fitness club operator and its landlord over COVID-19 closures, the court confirmed that government restrictions preventing in-person operations constituted a force majeure event, extending the lease term without additional rent obligations.
Canada Real Estate
AG
Affleck Greene McMurtry LLP
Article
Alberta Court Confirms High Bar For Appeals And Set-Asides Of Domestic Arbitral Awards
The Court's decision confirms that, despite the uncertainty introduced by the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 and Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District, 2021 SCC 7, the bar for overturning an arbitral award on the basis of procedural unfairness or inadequacy of reasons remains high in Alberta, and dismissed the challenge in its entirety.
Canada Litigation
BJ
Bennett Jones LLP
Article
10 Lessons For Investigators Interviewing Children
What are the critical differences between interviewing children and adults in investigations, and how can investigators adapt their techniques to account for children's unique cognitive and emotional needs? Child forensic interviewing specialist Dayna Boyko shares essential lessons from her 25 years with the Toronto Police Service, revealing how investigators can maximize the accuracy and reliability of information gathered from young witnesses and survivors.
Canada Litigation
RT
RT Workplace Training & Consulting Inc.
Article
Ontario Court Of Appeal Holds Ransomware Endorsement Applies To All Losses
In Panasonic Canada Inc. v. XL Specialty Insurance Company, 2026 ONCA 633 (September 9, 2026), the Ontario Court of Appeal reversed a lower court ruling and held that a ransomware sublimit endorsement, with its higher self-insured retention, applied to an insured’s cyber-incident claim, even though the insured had framed its claim exclusively under the base policy’s general coverage grants.
Canada Insurance
GR
Gardiner Roberts LLP
Article
New Performance Standards For Button/Coin Batteries And Products Containing Them Now In Effect In Canada
Health Canada has introduced mandatory performance standards for consumer products containing button/coin batteries, requiring immediate compliance from manufacturers, importers, advertisers, and sellers. Companies must now certify that their products, packaging, and labelling meet specified safety criteria or equivalent standards to mitigate ingestion hazards. This regulatory update offers a more flexible, outcomes-based approach compared to the prescriptive requirements of Reese's Law in the United States
Canada Consumer
ML
McMillan LLP
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