Canada: Court Procedure

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Article
Access To Information: The CAI Stays Journalists’ Applications For Review Pending A Superior Court Ruling
A Quebec journalist's challenge to access information refusals raises a critical question about legal representation before the Commission d'accès à l'information. The case examines whether journalists act personally or on behalf of their employers when seeking public records, with implications for media access rights across the province. Multiple similar cases now await a Superior Court ruling that could reshape how journalists navigate information access disputes.
Canada Litigation
L,
Langlois Lawyers, LLP
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
FCA Overturns CITT In Medline
The Federal Court of Appeal has overturned a Canadian International Trade Tribunal decision, establishing that duty relief under Chapter 99 of the Customs Tariff requires a closer physical connection between imported goods and qualifying items than mere simultaneous use. This ruling significantly narrows the interpretation of the "for use in" provision, affecting how importers can claim duty relief when goods are used together in commercial settings without direct physical integration.
Canada International
MK
Millar Kreklewetz
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Article
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Canada Employment
L-
Littler - Canada
Article
Can I Claim Damages For Intimate Partner Violence In Ontario? A Look At Ahluwalia And Mitchell
The Supreme Court of Canada has established a new tort for intimate partner violence, extending legal recognition beyond physical abuse to include psychological control, financial manipulation, and other coercive tactics. Understanding who can sue, what conduct qualifies, and how courts will assess damages is essential for anyone navigating this emerging area of law.
Canada Family
LL
Lerners LLP
Article
Court Of Appeal Of Québec: International Commercial Arbitration Agreement Enforceable Despite Absence Of Mandatory Language
The Court of Appeal of Québec recently enforced an international arbitration clause despite its use of permissive rather than mandatory language. This decision clarifies how Canadian courts interpret dispute resolution clauses in cross-border commercial agreements, particularly when parties use imperfect wording like "may" instead of "shall." The ruling emphasizes that courts will look beyond literal language to the broader context and intent of international parties seeking legal certainty through arb
Global Litigation
BJ
Bennett Jones LLP
Article
Ontario Court Of Appeal Updates Framework For Leave To Appeal From Divisional Court Decisions
The Ontario Court of Appeal has established a new two-part framework for granting leave to appeal from Divisional Court decisions, replacing the fifty-year-old Sault Dock test. The updated approach requires both an arguable question of law or mixed fact and law, and sufficient public importance to warrant appellate consideration, while eliminating the historical distinction between cases arising from original versus appellate jurisdiction.
Canada Litigation
OH
Osler, Hoskin & Harcourt LLP
Article
Attorney General Of Canada Fails To Land Knockout Punch Against Application On Climate Change (Maltais v. Minister Of Environment)
Although there is debate about whether the world is suffering from climate change, according to a 2024 United Nations survey, 80 percent of people worldwide want their country to do more about it. Based on measurements of the world’s glaciers, there is certainly scientific evidence that they have receded each year for the past 37 years and that they are melting faster than ever.
Canada Environment
GR
Gardiner Roberts LLP
Article
Revisiting Leave: The Ontario Court Of Appeal Brings Fresh Clarity To A Familiar Test
The Ontario Court of Appeal has clarified the longstanding test for obtaining leave to appeal from the Divisional Court, streamlining the framework into two core components: arguability and public importance. This decision resolves recent confusion about whether the test varies depending on the Divisional Court's jurisdiction and eliminates categories that had caused uncertainty in application.
Canada Litigation
TL
Torys LLP
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
Guttin: A Reminder Not To Overreach
Litigants sometimes believe they must allege maximal goals if they are going to achieve their actual objective. If you needed a fresh caution against overreaching, the costs ruling in Guttin v. Creber, 2026 ONSC 4507, delivers it. After an oppression dispute involving B Con Engineering Inc. and BCE Realty Ltd., the Ontario Superior Court fixed costs against the notionally successful applicants. This was because, despite the applicants’ limited success on disclosure and sale process issues, their big ticket allegations and remedies did not land.
Canada Litigation
CP LLP
Article
Ontario’s New AI Rules: What Lawyers And Expert Witnesses Need To Know
Ontario's Rules of Civil Procedure now include strict amendments requiring lawyers and expert witnesses to certify the authenticity of every citation and authority used in court materials. These new anti-hallucination provisions impose significant penalties for presenting AI-generated fabricated authorities, fundamentally shifting accountability for artificial intelligence use in litigation.
Canada Litigation
SW
Soloway Wright
Article
CPL Cancellation In B.C.: Court Of Appeal Clarifies Protective Actions And Abuse Of Process
The British Columbia Court of Appeal has clarified when a litigant's use of a second certificate of pending litigation (CPL) crosses the line into abuse of process. This decision addresses whether procedural manoeuvring can defeat a property owner's crystallized statutory right to seek cancellation of a dormant CPL under section 252 of the Land Title Act.
Canada Litigation
BL
Borden Ladner Gervais LLP
Article
Hit By A Car As A Pedestrian In Ontario? What To Do Next
If you were hit by a car as a pedestrian in Ontario, you may be dealing with pain, medical appointments, missed work, insurance forms, and questions about what to do next. The most important steps are to get medical attention, report the collision, obtain the driver’s insurance information, apply for accident benefits, follow your treatment plan, and speak with a personal injury lawyer if your injuries are serious.
Canada Litigation
SL
Siskinds LLP
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