Canada: Trials & Appeals & Compensation

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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.

BC Supreme Court's Recent Cowichan Decision

On August 7, 2025, the British Columbia Supreme Court (the Court) released the landmark decision, Cowichan Tribes v Canada (Attorney General) (Cowichan).

Canada Litigation

BD

Burnet, Duckworth & Palmer LLP

Unveiling The Hidden Risks: How CVCs Can Cause Serious Harm To Patients

When Shirley had a central venous catheter (CVC) implanted to provide easier access to her veins for treatment of a chronic health condition...

Canada Litigation

SL

Siskinds LLP

Lawyer Spotlight: Tara Sweeney – Advocating For Justice In Complex Medical Malpractice Cases

At Soloway Wright LLP, medical malpractice law demands a rare blend of legal precision, empathy, and resilience. Senior Litigation Partner, Tara Sweeney, brings all three to every file...

Canada Litigation

SW

Soloway Wright

How Ontario's Court Of Appeal Clarifies The Applicability Of Limitation Periods For Shareholder Rights

Shareholders might assume that a corporation's failure to comply with statutory transparency obligations can be challenged at any time. The Ontario Court of Appeal's recent decision in Lagana v 2324965 makes...

Canada Commercial

MT

Miller Thomson LLP

The Hidden Terms Of Settlement: When Courts Imply A Mutual Release

Canada Litigation

MT

Miller Thomson LLP

Alberta Court Of Appeal Confirms Equitable Set-off As A Defence To Summary Judgment

Canada Real Estate

GW

Gowling WLG

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

Canada Litigation

TL

Torys LLP

SCC Grants Leave On Lease Repudiation Case And Landlord Mitigation Obligations Will Be Reconsidered

Canada Commercial

C

Cassels

Abusive Arbitration Clauses In Contracts Of Adhesion: Quebec Court Of Appeal Reaffirms The Importance Of Access To Justice

Canada Litigation

BC

Blake, Cassels & Graydon LLP

When A Client-advisor Relationship Gets Too Close

BB

Babin Bessner Spry LLP

A High-Stakes Dose: Supreme Court Of Canada To Weigh In On Patenting Methods Of Medical Treatments

OW

Oyen Wiggs Green & Mutala LLP

Court Of Appeal Summaries (October 6 – 10, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Municipality Successful At Trial After The Plaintiffs Failed To Lead Expert Evidence On A Road Maintenance Claim

Canada Litigation

BL

Borden Ladner Gervais LLP

No Lien Claim For Anticipated Delay Claim Damages

Canada Real Estate

D

Dentons Canada LLP

Amendments To The Competition Act Only One Step Towards A Truly Competitive Economy

Canada Anti-trust

F

Fasken

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

Canada Commercial

D

Dentons Canada LLP

Robots Rejected: Canada Denies AI As Patent Inventor

LS

Lenczner Slaght LLP

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

Canada Technology

F

Fasken

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

Canada Technology

F

Fasken

Squatter Gains Ownership Of Municipal Parkland In Toronto (Kosicki V. Toronto (City))

In Ontario, the law recognizes that a squatter can gain legal ownership of the land of the true owner in certain limited circumstances. The squatter must have (i) continuously occupied the true owner's land...

Canada Real Estate

GR

Gardiner Roberts 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

Reality Check: Alberta Court Weighs Costs Award Against Counsel For AI-Generated Case Law Hallucinations

On September 26, 2025, the Court of Appeal of Alberta (ABCA) released its first decision addressing the potential for generative artificial intelligence (GenAI)...

Canada Technology

BC

Blake, Cassels & Graydon LLP

Ontario Court Of Appeal Affirms Scope Of "Equity Claims" Under The Bankruptcy And Insolvency Act

Equity claims are often considered the "poor cousin" of creditor claims in insolvency proceedings. They generally rank below creditors...

Canada Insolvency

FR

Fogler, Rubinoff LLP

Supreme Court To Assess Subject Matter Eligibility In Canadian Patent Law : Implications Beyond The Pharmaceutical Context

BJ

Bennett Jones LLP

Adverse Possession, Municipal Parkland: Theimplications Of Kosicki v. Toronto

Canada Litigation

LL

Lerners LLP

Décision sur l'invocation de la clause dérogatoire et la compétence du tribunal de rendre un jugement déclaratoire

Canada Litigation

BC

Blake, Cassels & Graydon LLP

BC Supreme Court Confirms Aboriginal Title Over Haida Gwaii

Canada Litigation

C

Cassels

The SCC Leave Project: Predictions For October 9, 2025

Canada Litigation

LS

Lenczner Slaght LLP

Equitable Set-Off : A True Defence That May Preclude Summary Judgment

Canada Litigation

BJ

Bennett Jones LLP

Kosicki v. Toronto (City): SCC Confirms Adverse Possession Can Apply To Municipal Parkland

Canada Real Estate

MT

McCarthy Tétrault LLP

What To Do If You're Served With A Lawsuit In Manitoba

Canada Litigation

TM

Taylor McCaffrey

Back to School and Back to Court? In-person Interventions at the Supreme Court of Canada

Canada Litigation

LL

Lerners LLP

Supreme Court Clarifies Adverse Possession: Key Takeaways From Kosicki v. Toronto

Canada Litigation

GW

Gowling WLG

Kosicki v. Toronto (City): SCC Confirms Adverse Possession Can Apply To Municipal Parkland

In a landmark ruling, the Supreme Court of Canada has addressed the contentious issue of adverse possession in the context of municipally owned parkland.

Canada Real Estate

MT

McCarthy Tétrault LLP

What To Do If You're Served With A Lawsuit In Manitoba

Getting served with court papers can feel like a punch in the gut. Whether it's a process server at your door, or an envelope dropped off at your place of business, it's natural to feel overwhelmed.

Canada Litigation

TM

Taylor McCaffrey

Back to School and Back to Court? In-person Interventions at the Supreme Court of Canada

The start of September always brings to mind back-to-school season. Freshly sharpened pencils, the changing of the leaves, and cooler temperatures

Canada Litigation

LL

Lerners LLP

Supreme Court Clarifies Adverse Possession: Key Takeaways From Kosicki v. Toronto

On September 19, 2025, the Supreme Court of Canada released its long-anticipated decision in Kosicki v. Toronto (City), 2025 SCC 28. The case directly addressed whether private...

Canada Litigation

GW

Gowling WLG

Court Of Appeal Summaries (September 29 – October 3, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

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

The latest video from our Class Action Litigation group breaks down key procedural contrasts, new legislative risks, and creative defence strategies shaping pharma litigation in Canada today.

Canada Litigation

F

Fasken

Silence Speaks Louder Than Words: Supreme Court Declines To Add Common Law Exemptions To The Legislature's List

Claims for adverse possession—acquiring land from its titleholder through continuous, exclusive and actual possession over at least 10 years—rarely succeed between private landowners...

Canada Litigation

TL

Torys LLP

Tick Tock: Time Is Of The Essence For Insurers To Raise Coverage Concerns

On September 8, 2025, the Federal Court released its decision in Elite Insurance Company (Aviva) v Borgatti Estate, 2025 FC 1471, where the Court rejected Aviva's application for summary...

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

Federal Court Dismisses G6 Appeal In "Six Star" Trademark Dispute

In its recent decision G6 Hospitality IP LLC v. Sandals Resorts International 2000 Inc., 2025 FC 1430, the Federal Court upheld a Trademarks Opposition Board...

OW

Oyen Wiggs Green & Mutala LLP

The SCC Leave Project: Predictions For October 2, 2025

Canada Litigation

LS

Lenczner Slaght LLP

Updated Proposals For Changes To Ontario's Rules Of Civil Procedure Are Coming

Canada Litigation

LS

Lenczner Slaght LLP

Estate Essentials: Rule Change — The Rules For Appointing Litigation Guardians Receive An Update

WL

WeirFoulds LLP

The Ontario Court Of Appeal Upholds Large Costs Award To Plaintiff Where Defendant Made A "Dismissal Without Costs" Offer To Settle

Canada Litigation

ML

McMillan LLP

Couture v Canada (Revenue Agency) – How Not To Conduct A Judicial Review

RS

Rotfleisch & Samulovitch P.C.

Case Commentary: Schwarz v. HMK – You Must Appeal Within The Deadline For Tax Reassessments; The Tax Court Cannot Forgive Tax Debt

RS

Rotfleisch & Samulovitch P.C.

Agreements Must Be In Writing: Lessons From Hutchings v. The King (2025 TCC 108) On COVID-19 Rent Subsidies

RS

Rotfleisch & Samulovitch P.C.

Sinclair v. Venezia Turismo : The SCC Clarifies Approach To Jurisdiction Against Multiple Defendants In Cross-Border Disputes

Canada Commercial

BJ

Bennett Jones LLP

Judicial Treatment Of Apologies: A Strategic Tool?

Canada Litigation

L,

Langlois Lawyers, LLP

Close Cull: SCC Stays Cull Of Ostrich Farm Exposed To Avian Flu

Canada Healthcare

C

Cassels

Federal Court Of Appeal Decisions Confirm Strict Application Of The Due Care Standard

OW

Oyen Wiggs Green & Mutala 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

Admissibilité aux contrats publics : La Cour supérieure balise les pouvoirs de l'AMP

Canada Litigation

MT

McCarthy Tétrault LLP

Public Contract Eligibility: Superior Court Clarifies The AMP's Powers

Canada Litigation

MT

McCarthy Tétrault LLP

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Highlighted Content

How Are Professional Poker Winnings Taxed In Canada? Taxable Business Income And Non-Taxable Hobbies: Fournier-Giguère V. Canada Et. Al., 2025 FCA 112

RS

Rotfleisch & Samulovitch P.C.

When The CRA Says, "No": Exploring Judicial Review For Denied Taxpayer Relief From Penalties, Interest Payments On Tax Debt

RS

Rotfleisch & Samulovitch P.C.

Tax Evasion Penalties: Canadian Tax Evasion Versus U.S. Tax Evasion, A Canadian Tax Lawyer Explains The Differences

RS

Rotfleisch & Samulovitch P.C.

Are "Hybrid Sales" Of Private Businesses Still A Viable Tax Planning Tool For Business Owners? A Case Comment On Foix V His Majesty The King, 2023 FCA 38

RS

Rotfleisch & Samulovitch P.C.

Year In Review: 7 Things You Need To Know About Canadian Immigration Law In 2023

Canada Immigration

Gs

Green and Spiegel

Strikes And Picketing In The Living Room: Anti-scab Provisions In The Age Of Telework

Canada Employment

SE

Stikeman Elliott LLP

Ontario Superior Court Reviews The Factors Applied In Determining Independent / Dependant Contractor Status

Canada Employment

SE

Stikeman Elliott LLP

Dishonesty And Bad Judgment But No Warnings: Ontario Court Upholds Fiduciary's Termination For Cause

Canada Employment

SE

Stikeman Elliott LLP

La Cour D'appel De L'Alberta Confirme Le Critère De Discrimination Fondée Sur Le Statut Familial

Canada Employment

SE

Stikeman Elliott LLP

Latest Videos

See more

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

F

Fasken

Understanding Estate Litigation In BC: How Proper Preparation Can Prevent Legal Battles (Video)

FH

FH&P Lawyers

Les actions collectives au Canada : les sujets d'actualité qui façonnent les litiges dans le secteur des technologies (Video)

FF

Fasken (French)

Podcast: Breaking Down The Dollars. The Real Value Of General Damages In Civil Litigation (Video)

NL

Nelligan Law

Future Of Litigation: 5 Big Ideas To Solve The Court Backlog (Video)

BL

Borden Ladner Gervais LLP

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