Canada: Court Procedure

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Article
Landmark SCC Ruling Provides Clarity On Privative Clauses
The Supreme Court of Canada has delivered a landmark ruling declaring section 66 of the Conflict of Interest Act unconstitutional, fundamentally reshaping the boundaries between legislative authority and judicial oversight of administrative decisions. This unanimous decision addresses longstanding questions about the validity of privative clauses that restrict courts' ability to review findings by Parliament's ethics commissioner.
Canada Litigation
TL
Torys LLP
Article
Supreme Court Strikes Down Privative Clause: What Democracy Watch v Canada Means For Administrative Decision-makers
The Supreme Court of Canada has unanimously struck down a privative clause in the Conflict of Interest Act that attempted to bar judicial review of the Ethics Commissioner's decisions. The ruling establishes that the Constitution guarantees a minimum of legality review over all administrative decisions, with implications extending to labour relations, workers' compensation, and immigration legislation containing similar clauses.
Canada Litigation
MT
Miller Thomson LLP
Article
The Cost Of Destroying Evidence: The Supreme Court Of Canada Clarifies Spoliation In Canada
The Supreme Court of Canada has established a four-part test for spoliation and clarified that once intentional destruction of evidence is proven, courts must presume the destroyed evidence would have been unfavourable to the spoliator. While this presumption is mandatory, the specific remedies remain discretionary and context-dependent, with trial judges retaining flexibility to craft responses proportionate to the circumstances of each case.
Canada Litigation
ML
McMillan LLP
Article
Oldcastle v. Division 8: A Timely Reminder That A Leave Application Is Not Enough
The BC Court of Appeal has clarified a critical procedural question in construction litigation: when exactly does a third-party claim commence for limitation purposes? This decision examines whether filing an application for leave satisfies the limitation period, or if the actual Third Party Notice must be filed before time expires, with significant implications for defendants seeking contribution and indemnity.
Canada Litigation
CC
CLC (Canadian Litigation Counsel)
Article
A Lawyer’s List Is Not A Limitations Lifeline: The ONCA Confirms Plaintiffs Must Exercise Reasonable Diligence
The Ontario Court of Appeal's decision in Wiebe v. Johnson & Johnson Inc. clarifies when the two-year limitation period begins under Ontario's Limitations Act, 2002, emphasizing that plaintiffs cannot delay the clock by failing to investigate potential claims when they knew or should have known the material facts. The Court ruled that a law firm's opinion about product defects does not constitute a new material fact that resets the limitation period.
Canada Litigation
ML
McMillan LLP
Article
Ontario Court Of Appeal Weighs In On The Bounds Of Solicitor-client Privilege
The Ontario Court of Appeal has ruled on the protection of lawyers' trust ledgers under solicitor-client privilege, addressing whether these financial records can be compelled in civil fraud proceedings. The decision examines the scope of the crime-fraud exception to privilege and whether it applies beyond criminal cases to civil matters involving allegations of fraudulent conduct and breach of court orders.
Canada Litigation
TL
Torys LLP
Article
Recent Decisions Illustrate The Consequences Of Deficient Or Absent Motion Materials
Recent Ontario Superior Court decisions demonstrate how procedural missteps in civil litigation can derail even straightforward motions. From improperly served materials and excessive hearsay to missing factums and deficient affidavits, these cases reveal the tangible consequences when litigants fail to comply with the Rules of Civil Procedure. Courts are increasingly willing to adjourn, dismiss, or deny relief when parties cannot meet basic evidentiary and procedural requirements.
Canada Litigation
GR
Gardiner Roberts LLP
Article
Staged Collisions, Surprise Discoveries, And The Limits Of Privilege
A rear-end collision in Ontario evolved into allegations of insurance fraud and conspiracy after the defendant testified he was paid to participate in what may have been a staged accident. The court's April 2026 ruling addresses litigation privilege over pre-litigation investigations, the threshold for amending pleadings based on newly discovered evidence, and procedural rights for unrepresented third parties.
Canada Litigation
PV
Pallett Valo LLP
Article
Cleared For Disclosure: Confidentiality Of Air Passenger Complaints Filed With The Canadian Transportation Agency
A recent Ontario Superior Court decision has struck down blanket confidentiality rules governing Canada's air passenger complaint resolution process, finding they violate constitutional freedom of expression. The ruling distinguishes between protected mediation communications and adjudicative records, requiring that decisions and orders issued by Complaint Resolution Officers be made public.
Canada Transport
AH
Alexander Holburn Beaudin + Lang LLP
Article
Norme de la décision raisonnable ou de la décision correcte? La Cour suprême autorise un appel qui trancherait la question
La Cour suprême du Canada s'apprête à trancher une question juridique fondamentale qui divise les tribunaux depuis des années : quelle norme de contrôle les cours doivent-elles appliquer lors de l'examen en appel de sentences arbitrales? L'autorisation d'appel dans l'affaire Buffalo Point offre l'occasion de clarifier si les questions de droit seront soumises à un examen déférent ou à un contrôle plus rigoureux, avec des conséquences importantes pour l'
Canada Litigation
BC
Blake, Cassels & Graydon LLP
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