Canada: Civil Law

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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
Lessons In Suing Securities Regulators: Herner v. Mutual Fund Dealers Association And Ontario Securities Commission, 2026 ONSC 4889
A mutual fund dealing representative sued the MFDA and OSC for $47.5 million in damages, alleging intentional torts including conspiracy, abuse of process, and malicious prosecution stemming from a regulatory investigation and enforcement proceedings. The 21-day trial resulted in complete dismissal of all claims, with the court making significant findings on regulatory immunity provisions and the scope of duties owed by securities regulators to regulated persons.
Canada Litigation
CM
Crawley MacKewn Brush LLP
Article
Tenants Have Rights When Condo Neighbours Break Strata Rules
A Vancouver family renting a three-bedroom condo faces ongoing disruptions from upstairs neighbors who converted their unit into a four-bedroom student residence, raising questions about tenant rights in strata communities. When the strata council deflects responsibility, what legal protections do tenants have to enforce bylaws and maintain peaceful enjoyment of their home?
Canada Real Estate
AH
Alexander Holburn Beaudin + Lang LLP
Article
“No Charter right to bicycle lanes”: Court of Appeal for Ontario reins in section 7 claim
The Ontario Court of Appeal unanimously overturned a lower court decision that had struck down provincial legislation requiring the removal or reconfiguration of Toronto bicycle lanes, holding that such ordinary legislation does not become constitutionally entrenched simply because it creates a benefit. The court forcefully reaffirmed that legislatures retain the power to amend or repeal their prior policy choices unless the Charter independently prevents them from doing so, and that courts must distinguish
Canada Litigation
MT
McCarthy Tétrault LLP
Article
What Makes A Vexatious Litigant? OSCJ Highlights Both Determinative And Non-Determinative Factors
A recent Ontario Superior Court decision examines what constitutes vexatious conduct when a defendant seeks to restrain a plaintiff from pursuing further interlocutory proceedings. The Court granted the restraining order but clarified that not all seemingly problematic behavior—such as prior vexatious litigant declarations or unpaid costs awards—will justify such restrictions.
Canada Litigation
DA
DMG Advocates
Article
Court Of Appeal Summaries (August 10 – August 14, 2026)
This comprehensive weekly summary analyzes five significant Ontario Court of Appeal decisions from August 10-14, 2026, covering constitutional challenges to bike lane removal legislation, limitation periods for third-party claims, class action settlement disclosure rules, constructive dismissal damages, and vexatious litigant declarations. Each case summary includes detailed analysis of legal principles, procedural issues, and practical implications for practitioners.
Canada Litigation
BM
Blaney McMurtry LLP
Article
Canadian Constitution Guarantees Availability Of Judicial Review Over All Aspects Of Administrative Decisions
Davies Ward Phillips & Vineberg LLP provides legal expertise across public law and litigation matters, with key contacts including partners Matthew Milne-Smith in Toronto and Jean-Philippe Groleau and Guillaume Charlebois in Montréal. The firm offers comprehensive legal services with offices positioned to serve clients across multiple jurisdictions.
Canada Litigation
DW
Davies Ward Phillips & Vineberg
Article
Case Study: Landlord Liability For Visitor Injuries
A Saskatchewan Court of Appeal decision examines when landlords can be held liable for injuries sustained by their tenants' visitors, establishing that landlords who exercise sufficient control over premises may owe a duty of care as occupiers. The case explores the standard of care required and the circumstances under which a landlord's failure to address safety hazards can result in legal liability.
Canada Real Estate
MB
McCague Borlack LLP
Article
Parry v. Harper Shows That Posting On Social Media Isn’t Free Of Consequences
A Saskatchewan court awarded $150,000 in damages after defamatory Facebook posts accused a rural municipality administrator of lying, misallocating funds and theft. The case demonstrates how social media accusations in small communities can cross the line from legitimate criticism into actionable defamation, particularly when targeting public officials whose roles depend on trust.
Canada Litigation
MA
MLT Aikins LLP
Article
When Trust Is Exploited: Abuse By Professionals In Positions Of Power
When professionals entrusted with the care of children exploit their positions of authority for harmful purposes, the impact extends far beyond the abusive acts themselves. This examination explores the complex dynamics of institutional sexual abuse, the barriers survivors face in coming forward, and the legal pathways available for pursuing accountability when systems fail to protect those in their care.
Canada Litigation
SL
Siskinds LLP
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