Canada: Court Procedure

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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
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
Judicial Review And Procedural Fairness In Municipal Resolutions Disqualifying Councillors In Saskatchewan
The Saskatchewan Court of King's Bench recently examined whether municipalities have the authority to disqualify organized hamlet board members for conflict of interest violations, and what procedural protections must be afforded before such disqualification. The decision addresses newly amended regulations and establishes important precedents regarding the 10-day challenge period and the requirements of procedural fairness in municipal governance disputes.
Canada Government
MA
MLT Aikins LLP
Article
Civil Contempt: Québec Court Of Appeal Says Yes To The Charter, No To Jordan
The Québec Court of Appeal has established groundbreaking precedent on whether Charter rights and Jordan framework timelines apply to civil contempt proceedings. This landmark decision addresses the tension between protecting fundamental rights and maintaining the integrity of civil justice, while courts across Canada reach conflicting conclusions on this critical constitutional question.
Worldwide Litigation
OH
Osler, Hoskin & Harcourt LLP
Article
Injured In A Boating Accident In Alberta? Here’s What You Should Know About Your Legal Rights
Boating accidents in Alberta fall under Canadian maritime law and negligence principles, creating unique legal complexities for injured parties. Understanding who may be held liable—from vessel operators to equipment manufacturers—and what compensation you may pursue requires navigating federal maritime legislation, safety regulations, and provincial personal injury law.
Canada Litigation
WG
Watson Goepel LLP
Article
Can A Draft Will Be Valid If The Person Dies Before Signing It? A New BC Court Decision Explains
A British Columbia Supreme Court decision examines whether courts can validate an unsigned draft will that reflects a deceased person's true testamentary intentions under WESA. The case explores the boundaries of judicial authority when attempting to honor final wishes without a properly executed will, offering critical insights for estate planning and probate matters.
Canada Family
WG
Watson Goepel LLP
Article
TMOB Upholds Electronically Notarized Affidavit And Awards Costs For Misleading Legal Submissions
The Trademarks Opposition Board recently ruled on the validity of electronically notarized affidavits in trademark proceedings and imposed costs against a party for unreasonable conduct. The decision in Chilly Moose Ltd. v. Moosehead Breweries Limited addresses both the admissibility of remote notarization and the consequences of filing inaccurate legal submissions that complicate proceedings.
Canada IP
OW
Oyen Wiggs Green & Mutala LLP
Article
Guidelines Are Not A Millstone: A Refresher On The Status Of Non-statutory Guidelines In Ottawa (City) V. Ottawa (City)
The Ontario Land Tribunal's January 2025 decision in Ottawa (City) v. Ottawa (City) addresses whether non-statutory provincial guidelines can override practical solutions when health-based water quality standards are met. At the heart of the case is a rural severance application where sodium levels slightly exceeded aesthetic guidelines but could be easily treated, raising fundamental questions about the legal weight of interpretive guidelines versus binding regulations. The Tribunal's ruling clarifies the
Canada Real Estate
D
Dentons Canada LLP
Article
Le profil de crédit est un actif unique : Moran accorde l’exécution en nature pour protéger le profil de crédit d’une partie
The Alberta Court of King's Bench ruled that a person's credit profile qualifies as a unique asset warranting specific performance in contract enforcement. This decision examines when courts will order specific performance rather than damages, and how contractual obligations should be interpreted through the lens of commercial practicality and reasonableness.
Canada Litigation
MT
Miller Thomson LLP
Article
Arbitration Provisions In Franchise Agreements: Key Drafting Considerations For Ontario Franchisors
When franchise disputes arise, the choice of forum and procedure can be as critical as the merits of the case itself. Arbitration clauses in franchise agreements require careful consideration of scope, procedure, and appeal rights under Ontario's Arbitration Act and the Arthur Wishart Act. Understanding the strategic advantages, potential pitfalls, and key drafting considerations can help franchisors and franchisees navigate disputes more effectively while protecting their long-term interests.
Canada Commercial
DL
Dale & Lessmann LLP
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