Canada: Litigation, Mediation & Arbitration

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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
Court Of Appeal Summaries (July 20 – 24, 2026)
The Ontario Court of Appeal addresses critical questions in family law property division, international commercial arbitration jurisdiction, and professional licensing enforcement. These decisions examine when trust interests constitute gifts for equalization purposes, how non-parties may invoke arbitration clauses, and the stringent requirements for civil contempt findings against regulated professional associations.
Canada Litigation
BM
Blaney McMurtry LLP
Article
Pleading Ignorance Has A Price: How A Commercial Tenant's Defence Triggered Deemed Waiver Of Solicitor-Client Privilege
When a commercial tenant alleged it did not understand the legal consequences of signing a 20-year lease extension, the Ontario Court of Appeal ruled that this litigation strategy triggered a deemed waiver of solicitor-client privilege. The decision clarifies how pleading amendments interact with privilege protection and establishes important boundaries for real estate litigants who place their legal understanding at the centre of their defence.
Canada Litigation
MT
McCarthy Tétrault LLP
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Disclosure & Electronic Discovery & Privilege

Article
Pleading Ignorance Has A Price: How A Commercial Tenant's Defence Triggered Deemed Waiver Of Solicitor-Client Privilege
When a commercial tenant alleged it did not understand the legal consequences of signing a 20-year lease extension, the Ontario Court of Appeal ruled that this litigation strategy triggered a deemed waiver of solicitor-client privilege. The decision clarifies how pleading amendments interact with privilege protection and establishes important boundaries for real estate litigants who place their legal understanding at the centre of their defence.
Canada Litigation
MT
McCarthy Tétrault LLP
Article
Protéger Le Secret Professionnel Dans Un Contexte Juridique En Évolution
Le secret professionnel de l'avocat fait face à de nouveaux défis posés par l'intelligence artificielle, les technologies émergentes et l'évolution des stratégies de litige. Quels sont les cinq principaux risques qui menacent aujourd'hui la protection du secret professionnel et comment les équipes juridiques peuvent-elles mettre en place des mesures proactives pour prévenir toute divulgation par inadvertance?
Canada Litigation
BC
Blake, Cassels & Graydon LLP
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Arbitration & Dispute Resolution

Article
Court Of Appeal Summaries (July 20 – 24, 2026)
The Ontario Court of Appeal addresses critical questions in family law property division, international commercial arbitration jurisdiction, and professional licensing enforcement. These decisions examine when trust interests constitute gifts for equalization purposes, how non-parties may invoke arbitration clauses, and the stringent requirements for civil contempt findings against regulated professional associations.
Canada Litigation
BM
Blaney McMurtry LLP
Article
Selling A Business: Earn-Out Clauses To Bridge A Valuation Gap
Earn-out clauses have become increasingly popular in M&A transactions, particularly during periods of economic uncertainty, as they help bridge valuation gaps between buyers and sellers by tying a portion of the purchase price to post-closing performance. While these arrangements offer flexibility and risk-sharing benefits, they also present significant challenges in terms of metric selection, structural design, and potential litigation.
Canada Commercial
BB
BCF Business Law
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Court Procedure

Article
Court Of Appeal Summaries (July 20 – 24, 2026)
The Ontario Court of Appeal addresses critical questions in family law property division, international commercial arbitration jurisdiction, and professional licensing enforcement. These decisions examine when trust interests constitute gifts for equalization purposes, how non-parties may invoke arbitration clauses, and the stringent requirements for civil contempt findings against regulated professional associations.
Canada Litigation
BM
Blaney McMurtry LLP
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Sovereign Immunity: Public Sector Government

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Latest Videos

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