Canada: Litigation, Mediation & Arbitration

The Federal Court’s June 12, 2026 decision in Minister of National Revenue v KPMG Canada LLP, T-139-26, is a significant ruling on the limits of privilege assertions by third-party tax advisors in the context of CRA audits.

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.

Le secret professionnel de l'avocat fait face à de nouveaux défis posés par l'intelligence artificielle, les technologies émergentes et l'évolution des stratégies de litige. Quels sont les cinq principaux risques qui menacent aujourd'hui la protection du secret professionnel et comment les équipes juridiques peuvent-elles mettre en place des mesures proactives pour prévenir toute divulgation par inadvertance?

Earn-out clauses have become increasingly popular in M&A transactions, particularly during periods of economic uncertainty, as they help bridge valuation gaps between buyers and sellers by tying a portion of the purchase price to post-closing performance. While these arrangements offer flexibility and risk-sharing benefits, they also present significant challenges in terms of metric selection, structural design, and potential litigation.

As wildfire seasons become longer and more severe, more British Columbians are facing property damage, evacuation orders, and insurance claims.

Health Canada has introduced a new Ministerial Reliance Order (MRO) that represents a significant development in Canada’s drug regulatory framework. The MRO creates a new mechanism allowing Health Canada, in defined...

A Federal Court case demonstrates the severe consequences of ignoring Canada Revenue Agency Requests for Information during tax audits. When a landscaping corporation and its principal failed to comply with a court-ordered production of financial documents, they faced substantial fines and a 30-day jail threat, highlighting the critical importance of proper RFI compliance with guidance from experienced tax counsel.

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.

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.

When can citizens sue government officials for abuse of power? A landmark Supreme Court case examines the boundaries between administrative law and civil litigation, revealing...

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.

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...