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.

You Won Your Case, Now What? Mechanisms To Enforce Your Judgment

In litigation, it is often assumed that once a court has issued its final decision, commonly referred to as a judgment, the matter is fully resolved, bringing an end to what is typically a lengthy, costly, and stressful process.

Canada Litigation

DS

Devry Smith Frank LLP

Organ And Tissue Donation After Tragic Loss

Behind every organ or tissue donation is a story, one that extends far beyond forms and consent. In our blog post: A Life That Lives On. Honouring Marco and the Gift His Family Gave to the World...

Canada Litigation

HS

Howie, Sacks & Henry LLP

The Weight Of A Disciplinary Decision In Civil Proceedings

Professionals subject to a code of ethics may face disciplinary complaints. If they violate the rules governing their practice, their disciplinary council can impose penalties ranging from a warning or fine...

Canada Litigation

L,

Langlois Lawyers, LLP

Use Of Expert Determination As An ADR Method

Explore critical insights across multiple sectors including Middle East construction challenges amid regional conflict, the intersection of financial reporting valuations and tax compliance, large-scale financial remediation strategies for overdraft fee disputes, and strategic healthcare real estate investment forecasts for 2026. These analyses examine how geopolitical uncertainty, regulatory scrutiny, and evolving market dynamics shape business decisions and operational strategies.

Canada Litigation

AC

Ankura Consulting Group LLC

Disclosure Of Psychologist’s Raw Test Data In Catastrophic Impairment Dispute

Canada Litigation

MO

McLeish Orlando LLP

Clean Sweep: B.C. Supreme Court Dismisses Secondary Market Claims On Multiple Grounds

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Commercial Vehicle Operator’s Registrations And Why They Matter In Trucking Litigation

Canada Litigation

HS

Howie, Sacks & Henry LLP

Ontario : Un tribunal confirme le critère strict du moyen de défense fondé sur l’ordre public pour contester une sentence arbitrale étrangère

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Sandra Train Published In Without Prejudice On Ontario’s 2026 Auto Insurance Overhaul

Canada Litigation

HS

Howie, Sacks & Henry LLP

Beyond “Exceptional Circumstances”: Raising Limitations Defences At Certification

Canada Litigation

MT

McCarthy Tétrault LLP

Do Bigger Teams Win More Cases?

Canada Litigation

LS

Lenczner Slaght LLP

Dispute Resolution Clauses - 2 Minute Drafting Tips: Bulletin #9: Attorning to Court Jurisdiction Doesn’t Mix Well with an Arbitration Clause

Canada Litigation

F

Fasken

No Easy Exit: Quebec Courts Reject Bid To Escape A Multimillion-dollar Lawsuit

Canada Litigation

BC

Blake, Cassels & Graydon LLP

B.C. Court Of Appeal Clarifies The Standard Of Review For Appeals Of Arbitral Awards

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Update On The Capital Gains Exemption And Qualified Small Business Corporation Shares

OE

O'Sullivan Estate Lawyers LLP

Understanding CRA Form T106 And How It Compares To U.S. Reporting Requirements

RS

Rotfleisch & Samulovitch P.C.

How The Canadian Foreign Accrual Property Income (FAPI) Regime Works—and Why It Matters To Foreign Corporations, Foreign Trusts

RS

Rotfleisch & Samulovitch P.C.

CRA Trust Reporting Requirements In Canada: T3 Filing Rules, Bare Trust Updates & Tax Audit Risk

RS

Rotfleisch & Samulovitch P.C.

A Degree In Deception: Alberta Court Upholds Termination For Cause

Canada Employment

C

Cassels

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Disclosure & Electronic Discovery & Privilege

When Is An Accountant's Work Privileged In Canada: Protecting Accountants' Work In Tax Matters, Including Litigation

The British Columbia Supreme Court decision in Lewis v. WestJet Airlines Ltd. (2025 BCSC 1565) clarifies the circumstances under which accountants' work may be protected by legal privilege.

RS

Rotfleisch & Samulovitch P.C.

Tax Court Rejects The CRA's Attempt To Obtain Documents Protected By Solicitor-Client Privilege: Stack v The King, 2024 TCC 137

In Stack v The King, 2024 TCC 137, the Tax Court of Canada blocked the Canada Revenue Agency's attempt to obtain various documents, including an email record, that were protected by solicitor-client privilege.

Canada Litigation

RS

Rotfleisch & Samulovitch P.C.

The Transfer Pricing Audit: 2026 Transfer Pricing Guide – Part 2

Navigate the complexities of Canadian transfer pricing audits with expert guidance on documentation requirements, CRA audit powers, and privilege protection. Learn strategic approaches to functional interviews, information requests, and compliance obligations while understanding the consequences of non-compliance and proposed legislative changes that could significantly impact audit procedures.

MT

McCarthy Tétrault LLP

Exchanges With Generative AI Not Protected By Privilege (United States Of America v. Heppner)

Canada Litigation

GR

Gardiner Roberts LLP

Privilege In The GenAI World – A Caution To Litigants (And Counsel)

Canada Litigation

D

Dentons Canada LLP

Court Of Appeal Summaries (March 9-13, 2026)

Canada Litigation

BM

Blaney McMurtry LLP

Absolute Privilege Stops Lawsuits Based On Use Of Intimate Video At A Case Conference (Burns v. Osuji)

Canada Litigation

GR

Gardiner Roberts LLP

Defendant Ordered To Produce Documents Encompassed By "Circle Of Privilege" (Will Murray & Associates V. Nader Fakih)

Canada Litigation

GR

Gardiner Roberts LLP

From Upload To Delivery: 5 Steps Every Secure Legal Translation Workflow Must Protect

Canada Law Performance

Alexa Translations

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Arbitration & Dispute Resolution

Canadian Insolvency: Key Developments And Emerging Trends

Several significant judicial decisions were released in 2025 that remain relevant to businesses, commercial lenders and restructuring professionals. This bulletin summarizes the key developments of 2025 and highlights areas of significance for restructuring professionals and market participants to monitor in 2026.

Canada Insolvency

BC

Blake, Cassels & Graydon LLP

Five Times Litigation Finance Can Change The Conversation With Your Client

Litigation finance can be a strategic tool throughout the lifecycle of a case, not just a last resort. Understanding when to introduce funding to clients—from initial budgeting through unexpected delays...

OB

Omni Bridgeway

French Fry Wars: FCA Affirms Deferential Claim Construction In McCain v. Simplot

The Federal Court of Appeal upheld a lower court's narrow interpretation of "high electric field" in a patent dispute between frozen French fry competitors, finding that the patent...

MT

McCarthy Tétrault LLP

Use Of Expert Determination As An ADR Method

Canada Litigation

AC

Ankura Consulting Group LLC

Disclosure Of Psychologist’s Raw Test Data In Catastrophic Impairment Dispute

Canada Litigation

MO

McLeish Orlando LLP

Related, But Not Protected: Alberta Court Denies CCAA Stay Extension And Permits Receivership

Canada Insolvency

D

Dentons Canada LLP

Privacy In Divorce: What You Need To Know (Video)

LL

Lerners LLP

Domestic Avenues Of Relief: 2026 Transfer Pricing Guide – Part 3

MT

McCarthy Tétrault LLP

Processus De L’autorité Compétente : Guide Sur Le Prix De Transfert 2026 - Partie 4

MT

McCarthy Tétrault LLP

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Court Procedure

The Weight Of A Disciplinary Decision In Civil Proceedings

Professionals subject to a code of ethics may face disciplinary complaints. If they violate the rules governing their practice, their disciplinary council can impose penalties ranging from a warning or fine...

Canada Litigation

L,

Langlois Lawyers, LLP

Disclosure Of Psychologist’s Raw Test Data In Catastrophic Impairment Dispute

The Respondent insurer had retained a psychologist to conduct an insurer examination of the Applicant. While the Respondent produced some records from the psychologist’s office...

Canada Litigation

MO

McLeish Orlando LLP

French Fry Wars: FCA Affirms Deferential Claim Construction In McCain v. Simplot

The Federal Court of Appeal upheld a lower court's narrow interpretation of "high electric field" in a patent dispute between frozen French fry competitors, finding that the patent...

MT

McCarthy Tétrault LLP

The Transfer Pricing Audit: 2026 Transfer Pricing Guide – Part 2

MT

McCarthy Tétrault LLP

Related, But Not Protected: Alberta Court Denies CCAA Stay Extension And Permits Receivership

Canada Insolvency

D

Dentons Canada LLP

Anchored Down: Long-Term Leases And The Limits On Landlord Exit Rights

Canada Real Estate

BJ

Bennett Jones LLP

Ex Parte, Not Carte Blanche: The FCA Pushes Back On Overbroad Section 11 Requests

Canada Anti-trust

MT

McCarthy Tétrault LLP

Not All Work Will Extend The Lien Period

Canada Real Estate

BJ

Bennett Jones LLP

Do Bigger Teams Win More Cases?

Canada Litigation

LS

Lenczner Slaght LLP

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Sovereign Immunity: Public Sector Government

2026 Update To The New Interpretation Of The Canada Health Act

In January 2025, former Federal Minister of Health, the Honourable Mark Holland, released a Letter to provinces and territories on the importance of upholding the Canada Health Act – 2025. We wrote about it here.

Canada Healthcare

BL

Borden Ladner Gervais LLP

Court Of Appeal Comments On A Possible Duty Of Care Owed By The Attorney General Of Canada

In Sienna v. Duckett, 2025 ONCA 867, the Court of Appeal allowed the plaintiffs leave to amend their claim against the Attorney General of Canada relating...

Canada Litigation

BL

Borden Ladner Gervais LLP

Chairperson Rejects Slap On The Wrist In Plea-Bargain Agreement: The LAC's Decision In SAPS v BF Mkonto And Others

Plea-bargain agreements form an integral part of our criminal justice system as they aide the amicable resolution of criminal cases. These agreements are not foreign in labour matters...

Canada Litigation

F

Fasken

Trump Ordered It…But Was Maduro's Arrest Legal? (Podcast)

Canada Litigation

GR

Gardiner Roberts LLP

Draft Regulations Introduced To Enforce The Accessibility For Manitobans Act

Canada Government

TM

Taylor McCaffrey

A New Framework For Procurement: Ontario Unveils Buy Ontario Act

Canada Government

MT

McCarthy Tétrault LLP

Defence Win In Nydam v. Cunningham: Jury Finds No Liability

Canada Litigation

WT

DWF Group

What Are We Waiting For? A Cautionary Endorsement On Timing, Process, And Priority Of Lien Claims Caught In An Insolvency

Canada Insolvency

WL

WeirFoulds LLP

Conflit d'intérêts dans l'administration d'une succession : ce que l'affaire Virdi Estate (Re) enseigne aux exécuteurs testamentaires

Canada Litigation

MT

Miller Thomson LLP

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Latest Videos

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Guaranteed Rebuilding Cost On Trial: Winners, Losers & The SCC's Big Message (Video)

SB

SBA Lawyers LLP

Who Really Decides An Election When One Ballot Goes Missing? (Podcast)

GR

Gardiner Roberts LLP

Appealing Briefs – Episode 24: Kosicki: Adverse Possession, Statutory Interpretation, And The Common Law (Podcast)

MT

McCarthy Tétrault LLP

Class Actions In Canada: At The Forefront Of Pharma Litigation (Video)

F

Fasken

Actions collectives au Canada : à l'avant-plan des litiges pharmaceutiques (Video)

FF

Fasken (French)

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