Canada: Court Procedure

The International Chamber of Commerce has unveiled its 2026 Arbitration Rules, introducing significant procedural reforms that eliminate mandatory Terms of Reference and shift focus to case management conferences.

Does mandating that electoral riding officers live in the riding they represent infringe their right to liberty under section 7 of the Canadian Charter of Rights and Freedoms? Legal experts from Torys LLP examine an upcoming Supreme Court case that could significantly expand the scope of liberty rights and their application to interactions with the administration of justice.

The Ontario Court of Appeal’s decision in Sheridan Retail Inc. v Roy reinforces the breadth and strength of Ontario’s anti-SLAPP framework and serves as a reminder that attempts to recast claims to avoid dismissal...

The British Columbia Court of Appeal examines how courts should assess negative contingency deductions when plaintiffs have pre-existing health conditions, establishing critical evidentiary standards for reducing damages based on psychological vulnerability. This decision clarifies the burden defendants must meet to justify substantial reductions in personal injury awards and distinguishes between proving a contingency exists versus quantifying its likelihood.

Canadian law recognizes the fundamental importance of a litigant’s right to counsel of their choice and the principle that a litigant should not be deprived of their choice of counsel, absent good cause.

In Grace et al v. United Mexican States, 2026 ONSC 2104, Justice Dietrich of the Ontario Superior Court set aside an arbitral award issued under the NAFTA on the basis that (i) the tribunal wrongly declined...

Lenczner Slaght is a leading Canadian litigation firm that specializes in distilling complicated legal concepts into sharp, winning arguments.

Une décision de la Cour supérieure du Québec établit des balises claires sur l'utilisation de l'intelligence artificielle par les arbitres et décideurs judiciaires. Comment les tribunaux encadrent-ils désormais l'IA comme outil d'assistance tout en interdisant la délégation du pouvoir décisionnel?

The Supreme Court of Canada has delivered a landmark decision addressing whether courts can recognize new torts when existing legal remedies may already provide compensation. In Ahluwalia v. Ahluwalia, the justices...