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
Judicial Review And Procedural Fairness In Municipal Resolutions Disqualifying Councillors In Saskatchewan
The Saskatchewan Court of King's Bench recently examined whether municipalities have the authority to disqualify organized hamlet board members for conflict of interest violations, and what procedural protections must be afforded before such disqualification. The decision addresses newly amended regulations and establishes important precedents regarding the 10-day challenge period and the requirements of procedural fairness in municipal governance disputes.
Canada Government
MA
MLT Aikins LLP
Article
Back To Basics On Commonality: Whether One Step Or Two, BC Court Of Appeal Confirms The Burden Remains The Same
The British Columbia Court of Appeal has weighed in on a longstanding debate in class action law: whether the commonality test should be characterized as a one-step or two-step analysis. In two recent opioid-related cases, the court clarified the evidentiary standard plaintiffs must meet when establishing that proposed common issues exist and can be resolved on a class-wide basis. The decisions emphasize a functional, pragmatic approach that focuses on whether certification will avoid duplication of litigat
Canada Litigation
TL
Torys LLP
Article
L’enrichissement injustifié du donneur d’ouvrage dans l’application de la pénalité contractuelle
Un tribunal québécois réduit une pénalité de près de 3 millions de dollars imposée à un entrepreneur en construction pour retards de chantier, jugeant que l'application intégrale de la clause pénale constituait un enrichissement excessif pour la Ville de Montréal. Cette décision illustre les limites du pouvoir dissuasif des clauses pénales lorsque leur application devient abusive.
Canada Real Estate
MT
Miller Thomson LLP
Article
The Cost Of Getting It Wrong: Damages For A Wrongfully Filed Lien Claim In BC
A British Columbia Supreme Court decision highlights the consequences of improperly filing builder's liens, awarding costs and damages to an owner when a contractor filed a lien claim outside the 45-day statutory deadline and against the wrong parcel of land. The ruling clarifies that liability under Section 19 of the Builders Lien Act arises from the wrongful filing itself, regardless of whether the lien was filed frivolously or vexatiously.
Canada Real Estate
D
Dentons Canada LLP
Podcast
Google Got Summoned: Digital Privacy And Political Speech In Canada (Podcast)
Winner of a 2026 Mondaq Thought Leadership Award, hosts Stephen Thiele and Gavin Tighe examine highly contentious public cases in Canada, exploring the intersection between law and politics where courtrooms become part of the political arena. Each episode digs into current legal topics and battles, providing insight into how courts function in democracy and why their decisions matter to society.
Canada Privacy
GR
Gardiner Roberts LLP
Article
A New Tort, Familiar Exclusions: Reading Ahluwalia v. Ahluwalia for Insurers
The Supreme Court of Canada has recognized a novel intentional tort of intimate partner violence, fundamentally changing how coercive and controlling conduct in relationships is addressed under Canadian law. This landmark decision introduces a pattern-based approach that extends beyond traditional assault and battery claims, creating significant implications for liability insurers navigating policy exclusions and coverage disputes. As this new tort evolves beyond family law contexts into workplace harassmen
Canada Insurance
CC
CLC (Canadian Litigation Counsel)
Article
Court Of Appeal Summaries (May 25 – 29, 2026)
The Court of Appeal for Ontario issued several significant rulings during the week of May 25, 2026, addressing critical issues spanning professional regulation, defamation law, negligence liability, and commercial disputes. These decisions clarify important legal principles regarding costs awards against regulatory bodies, anti-SLAPP motion analysis, occupiers' duties to warn of hidden dangers, and enforcement of settlement agreements in various contexts.
Canada Litigation
BM
Blaney McMurtry LLP
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