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
New Chambers Application Framework In British Columbia: The Shift To A “Serve First” Model
Effective October 1, 2026, the Supreme Court of British Columbia will implement a fundamental procedural change requiring parties to exchange application materials before filing with the court or setting hearing dates. This reversal of the traditional "file and serve" sequence shifts much of the procedural activity to the pre-filing stage, fundamentally altering how chambers applications are initiated and managed.
Canada Litigation
ML
McMillan LLP
Article
Beyond Sault Dock: Court Of Appeal For Ontario Reframes Test For Leave To Appeal In Knauff v. Ontario (Human Rights Tribunal)
The Court of Appeal for Ontario has introduced a new framework for granting leave to appeal from Divisional Court decisions, marking the first significant update to this test in over half a century. The decision in Knauff v. Ontario (Human Rights Tribunal) establishes that leave will be granted when a proposed appeal raises an arguable question of law or mixed law and fact of sufficient public importance, moving away from a rigid categorical approach toward a more flexible analysis.
Canada Litigation
AB
Aird & Berlis LLP
Video
CPD ACCREDITED Webinar: Criminal Justice & Sexual Violence: Challenges, Gaps & Emerging Approaches (Video)
Leading voices in prosecution, defence, survivor advocacy, and social work research examine systemic barriers sexual assault survivors face at every stage of the legal process in Canada. This panel discussion explores evidentiary challenges, trauma-informed justice practices, and emerging approaches designed to close longstanding gaps between survivors and accountability.
Canada Criminal
GP
Gluckstein Lawyers
Article
La preuve à l’ère des hypertrucages : comment les hypertrucages compliquent l’évaluation de la preuve numérique devant les tribunaux
L'intelligence artificielle générative permet désormais de créer des hypertrucages si réalistes qu'ils menacent l'intégrité des preuves numériques présentées devant les tribunaux. Les cadres d'authentification traditionnels, conçus avant l'avènement de cette technologie, sont-ils encore suffisants pour garantir la fiabilité des photographies, vidéos et enregistrements audio produits en preuve? Les avocats doivent maintenant adopter de nou
Canada Litigation
MT
Miller Thomson 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
How To Enforce An Out-of-province Judgment
When a judgment debtor relocates from Alberta to Ontario with assets in the new province, creditors face specific procedural requirements to enforce their judgment. Ontario's Reciprocal Enforcement of Judgments Act provides a framework for registration, but creditors must navigate service requirements, statutory exceptions, and strict time limitations to successfully enforce their out-of-province judgments.
Canada Litigation
GGI Global Alliance
Article
The Supreme Court Of Canada Recognizes A New Tort Of Intimate Partner Violence
The Supreme Court of Canada has established a groundbreaking new common law tort of Intimate Partner Violence, fundamentally changing how survivors can seek civil remedies for coercive and controlling behavior in intimate relationships. This landmark decision introduces a legal framework that recognizes patterns of abuse beyond traditional assault claims, focusing on the cumulative nature of coercive control that strips victims of their dignity, autonomy and equality. Courts across Canada are now beginning
Canada Family
TD
Thompson Dorfman Sweatman LLP
Video
Estate Disputes In Ontario: Key Causes And Prevention Tips
Estate litigation in Ontario arises from various disputes surrounding wills, trusts, and the administration of deceased persons' estates. Understanding the common causes of these legal conflicts can help families and executors navigate the complexities of estate management and potentially avoid costly court battles. This content explores the key factors that trigger estate disputes in Ontario's legal system.
Canada Family
DS
Devry Smith Frank 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
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