Canada: Professional Negligence

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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.

Is It Viable? Is It Common? British Columbia Court Of Appeal Reinforces Requirements For Certification

This month, the Court of Appeal for British Columbia released two decisions within two days providing guidance on class action certification in the province: RateMDs Inc. v. Bleuler and Syngenta AG v. Van Wijngaarden.

Canada Litigation

TL

Torys LLP

Confronting Racial Bias In Canadian Healthcare

IN THE US, Black patients are more likely than Caucasians to have an above-the-knee amputation when undergoing surgery to remove that limb.

Canada Healthcare

GP

Gluckstein Lawyers

More Sleep, More Accidents?

Many look forward to ‘falling back' into Standard Time for more sleep, but is that extra hour worth disrupting our body clock? Increasingly, experts say no.

Canada Litigation

HS

Howie, Sacks & Henry LLP

Court Says Pleading Systemic Negligence Isn't Enough For Certification – Claim Must Be Manageable

In Carcillo v. Ontario Major Junior Hockey League, the Court of Appeal for Ontario dismissed an appeal from a decision refusing certification of a class action against Canada's major junior hockey leagues for alleged systemic negligence. Claims.

Canada Litigation

GW

Gowling WLG

Evidentiary Standards And Remedial Common Issues At Certification: Syngenta AG v. Van Wijngaarden, 2025 BCCA 334

Canada Litigation

MT

McCarthy Tétrault LLP

Medical Malpractice & Sepsis

Canada Litigation

HS

Howie, Sacks & Henry LLP

Court Of Appeal Summaries (September 22-26, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Beyond Repair: Valuing Residential Property Loss In Litigation

Canada Litigation

ML

McKercher LLP

Court Of Appeal Summaries (September 8 – 12, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Mediation Of Construction Liability Claims In Toronto: A Practical, Cost-Effective Path Forward

Canada Real Estate

WT

Whitelaw Twining

Disbarred Lawyer's Claim Against Bank Dismissed (Murray v. The Toronto-Dominion Bank)

Canada Litigation

GR

Gardiner Roberts LLP

Court Of Appeal Summaries (August 25 – August 29)

Canada Litigation

BM

Blaney McMurtry LLP

When Fun Turns To Injury: Lawsuits For Amusement Park Injuries In Ontario

Canada Litigation

HS

Howie, Sacks & Henry LLP

Federal Government Ordered To Pay Investors Hundreds Of Millions For Failing To Live Up To Wireless Spectrum Licence Auction Promises

Canada Litigation

OH

Osler, Hoskin & Harcourt LLP

Comment traiter les tarifs douaniers et autres obstacles à l'accès aux marchés au moyen du mécanisme de règlement des différends entre investisseurs et États

Canada International

MT

McCarthy Tétrault LLP

AI And Copyright - Training AI With Copyrighted Material (Podcast)

Canada Technology

F

Fasken

Mergers And Acquisitions In The Defence Sector: A Strategic Lever Under High Surveillance

Canada Commercial

D

Dentons Canada LLP

Top 5 Employment Law Decisions Of 2025 And What To Expect In 2026 – Marty Rabinovitch And Leslie Haddock (Video)

Canada Employment

DS

Devry Smith Frank LLP

AI And Copyright - Who Owns AI-generated Content? (Podcast)

Canada Technology

F

Fasken

Know The Law: Termination With Cause

An employee has broken your trust in a way that can't be fixed. You care about the workplace environment in your practice and feel that you can't continue to work with this employee.

Canada Employment

MT

Miller Thomson LLP

A Definitive Win For Manufacturers: 15 Year Limitation Period Applies To Product Claims Even If Harm Is Recent

This case is significant for defendants facing negligence claims for a product they designed, made, and distributed before July 2010.

Canada Litigation

ML

McMillan LLP

Court Of Appeal Certifies Negligence Claim Against Gun Manufacturer For Mass Shooting

The Court of Appeal for Ontario has certified a class action against the manufacturer of a stolen handgun used to carry out the 2018 mass shooting on Danforth Avenue in Toronto, reversing in part the motion judge's decision below.

Canada Litigation

BJ

Bennett Jones LLP

Jan Marin Discusses Fertility Errors On This Matters Podcast

Mistakes at fertility clinics can have life-altering consequences.

Canada Litigation

GP

Gluckstein Lawyers

The Foreseeability Of Theft: When Lack Of Consent Isn't Sufficient For Motor Vehicle Owners

Canada Transport

BM

Blaney McMurtry LLP

Court Of Appeal Certifies Class Action Against Smith & Wesson: Implications For Future Lawsuits

Canada Litigation

MO

McLeish Orlando LLP

"But For" Test, Credibility And Adverse Inference: Another Coffee Cup Case!

Canada Litigation

PV

Pallett Valo LLP

Commercial Litigation Insights: Restrictions On Liability For Pure Economic Loss Put The Brakes On Class Action Against BMW

Canada Litigation

WL

WeirFoulds LLP

When Is Rent "Rent"? – Ontario Court Of Appeal Narrows Definition Of "Rent" Under The Real Property Limitations Act

Canada Real Estate

PV

Pallett Valo LLP

Defence Medical Examinations In Ontario: Fairness Remains The Guiding Principle

Canada Litigation

PV

Pallett Valo LLP

Handling Of Warning Letters By Disciplinary Councils And In Civil Matters

Canada Litigation

L,

Langlois Lawyers, LLP

Class Action Lawsuit Against Gun Manufacturer Gets Certified (Price v. Smith & Wesson Corp.)

Canada Litigation

GR

Gardiner Roberts LLP

Limitation Periods And The "Appropriate Means" Test In Suing Prior Counsel

Canada Litigation

DS

Devry Smith Frank LLP

Court Of Appeal Summaries (June 23-27, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Handling Of Warning Letters By Disciplinary Councils And In Civil Matters

Did you know that a warning letter or caution issued by the office of the syndic of a professional order can have significant repercussions, even if no formal complaint is filed?

Canada Litigation

L,

Langlois Lawyers, LLP

Class Action Lawsuit Against Gun Manufacturer Gets Certified (Price v. Smith & Wesson Corp.)

The use of handguns can result in a person being seriously injured or killed. Accordingly, there has been much public debate about whether gun manufacturers should be held liable for the misuse of a handgun...

Canada Litigation

GR

Gardiner Roberts LLP

Limitation Periods And The "Appropriate Means" Test In Suing Prior Counsel

When it comes to suing prior counsel for professional negligence, caselaw has shown us that timing is crucial. In Ontario, the Limitations Act, 2002 provides a standard two-year limitation period...

Canada Litigation

DS

Devry Smith Frank LLP

Court Of Appeal Summaries (June 23-27, 2025)

In Price v. Smith & Wesson, the Court partially allowed the plaintiffs' appeal of a motion judge's decision to not certify their class action. The Court certified their negligence claim against a gun manufacturer...

Canada Litigation

BM

Blaney McMurtry LLP

Success At Trial – Grandfather Not Liable For Grandson's Actions In Fatal Collision

Canada Litigation

Wallace Smith LLP

Negligent Construction: Claims For Latent Defects Causing Danger

The residential housing market in some areas of Ontario—especially urban settings—seems to remain strong. Anecdotally, houses that are on good streets...

Canada Real Estate

SW

Soloway Wright

Moo-Ving Past Negligence: Court Dismisses Negligence Claim Without Evidence Of Breach

The Plaintiff was injured in a motor vehicle accident after his vehicle collided with a steer which had escaped from a nearby farm property.

Canada Litigation

SB

SBA Lawyers LLP

Court Of Appeal Summaries (May 19 – 23, 2025)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of May 19 to 23, 2025.

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Cuts Off Speculative Product Liability Claims

In 2024, Ontario's highest court affirmed the principle that a certifiable tort claim requires a plaintiff to provide some basis in fact for a present, materialized injury that is "sufficiently serious."

Canada Litigation

BJ

Bennett Jones LLP

Waiver Wins: Ontario Court Enforces Liability Waiver For Cycling Race

Canada Litigation

LL

Lerners LLP

Recent Canadian Product Liability Case Law Highlights

Canada Consumer

BL

Borden Ladner Gervais LLP

Négligence SST : 5 ans de prison pour un superviseur ontarien !

Canada Employment

BB

BCF Business Law

Court Of Appeal Summaries (April 28 – May 2, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Ontario Court Of Appeal Clarifies Interpretation Of A 'Continuous Act Or Omission'

Canada Real Estate

LL

Lerners LLP

Summaries Of R V. Ominayak, 2025 ABKB 69 And R v Pietz, 2025 MBCA 5

Canada Litigation

AH

Alexander Holburn Beaudin + Lang LLP

Who's At Fault? Understanding Negligence In Cyclist And Motor Vehicle Collisions

Canada Litigation

PM

PMP Law

Understanding Medical Malpractice Claims In Ontario: What You Need To Know

Canada Litigation

PM

PMP Law

Understanding Compensation In Wrongful Death Cases: What Families Need To Know

Canada Litigation

PM

PMP Law

Facing Medical Malpractice In Ontario: Why You Don't Have To Go At It Alone

Canada Litigation

PM

PMP Law

The Cost Of Ignoring Workplace Safety: Construction Supervisor Charged With Criminal Negligence Causing Death

Canada Real Estate

PV

Pallett Valo LLP

Claim For Ineffective Assistance Of Counsel Dismissed As A Collateral Attack (Mann v. Royle)

Canada Litigation

GR

Gardiner Roberts LLP

Workplace Safety And Criminal Negligence

Canada Real Estate

CW

Clark Wilson LLP

Case Commentary: Pyxis v. AGC – Rectification Order Does Not Replace Due Diligence, Poorly Drafted Agreements With Accountants

Canada Litigation

RS

Rotfleisch & Samulovitch P.C.

Six Limitation Periods You Need To Be Aware Of In An Estates Dispute

Canada Litigation

MT

Miller Thomson LLP

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Gluckstein Lawyers

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DS

Devry Smith Frank LLP

Free On-Demand Birth Injury Webinar Series: For Parents Contemplating Medical Malpractice Suit (Video Content)

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Howie, Sacks & Henry LLP

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