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.

Rosen Sunshine's Top 10 Blog Posts Of 2025

Each year, Rosen Sunshine strives to provide its readers with up-to-date analysis of important developments in health and regulatory law in Ontario.

Canada Healthcare

RS

Rosen Sunshine LLP

AI Has Fundamentally Changed My Litigation Practice

I've been practicing commercial litigation for almost ten years - ten years of my professional life measured in one-tenth of an hour fractions. Six-minute increments.

Canada Litigation

RA

Robins Appleby LLP

Restructuring The Canadian Tobacco Industry: A Model For The Future?

On March 6, 2025, the Ontario Superior Court sanctioned three CCAA plans for Imperial Tobacco and two other tobacco companies, resolving over $900 billion in claims against the tobacco companies.

Canada Insolvency

OH

Osler, Hoskin & Harcourt LLP

How To Assess Patentable Subject Matter Eligibility? Dusome Continues A Trend, SCC To Follow

On the heels of the Supreme Court of Canada's ("SCC") hearing in Pharmascience Inc. v. Janssen Inc., et al. regarding subject matter eligibility of methods of medical treatment...

GW

Gowling WLG

Court Of Appeal Summaries (December 1 – 5, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

BC Court Of Appeal : The Rules Of Evidence Are Not Relaxed At Certification

Canada Litigation

BJ

Bennett Jones LLP

UNDRIP In Action: British Columbia Court Of Appeal Issues Decision In Gitxaała v. British Columbia (Chief Gold Commissioner)

Canada Government

F

Fasken

Realtor Cannot Serve As Expert Damages Witness For Own Client (Ambria (Bloomington) Limited v. Esmaeili)

Canada Real Estate

GR

Gardiner Roberts LLP

Dorsey v. Canada (Attorney General): Reclassifying Habeas Corpus

Canada Litigation

MT

McCarthy Tétrault LLP

Lawyers Obtain Permanent Injunction To Remove Defamatory Postings Made Against Them (Judson Howie LLP v. Blackwell)

Canada Litigation

GR

Gardiner Roberts LLP

Stages In The Litigation Process

Canada Litigation

TM

Taylor McCaffrey

Supreme Court Of Canada Confirms Broad, Flexible Interpretation Of "Material Change" Under Canadian Securities Laws

Canada Commercial

GW

Gowling WLG

Adverse Possession Of Municipal Lands: What The Kosicki V. Toronto Decision Means For Ontario Municipalities

Canada Litigation

MT

Miller Thomson LLP

SCC Affirms Broad And Contextual Interpretation Of "Material Change"

Canada Litigation

GL

Goodmans LLP

Torys On Budget 2025: Supporting Innovation In Financial Services

TL

Torys LLP

Efficient Mortgage Enforcement, Meet The Ontario Civil Court System

CP LLP

Une signature électronique est-elle suffisante? Comprendre la perfection par possession à l'ère numérique au Canada

MT

Miller Thomson LLP

Navigating The Relationship Between Retail Funds And Institutional Capital

TL

Torys LLP

From AML To AI: Regulatory Developments In The Financial Services Landscape

OH

Osler, Hoskin & Harcourt LLP

A Material Change To The Meaning Of "Material Change"? – Practical Takeaways From The SCC's Decision In Lundin Mining Corp. v. Markowich

On November 28, 2025, the Supreme Court of Canada (SCC or the Court) released its decision in Lundin Mining Corp. v. Markowich addressing the distinction between "material facts" and "material changes."

Canada Commercial

D

Dentons Canada LLP

Increasing AI In Litigation: Advantages, Perils And Increasing Regulation

The rapid expansion of artificial intelligence (AI) has been transforming virtually every sector of the economy.

Canada Technology

OH

Osler, Hoskin & Harcourt LLP

When Is A Change Material? The Supreme Court Of Canada Clarifies Timely Disclosure Obligations In Lundin Mining Corp. V. Markowich

On November 28, 2025, the Supreme Court of Canada (the "SCC") released its decision in Lundin Mining Corp. v. Markowich, 2025 SCC 29, providing important guidance to publicly traded companies...

Canada Commercial

WD

Wildeboer Dellelce LLP

Procedural Route To Challenge Capital Markets Regulatory Investigative Tool Confirmed

The Ontario Court of Appeal clarified the limits of the Ontario Securities Commission's investigatory authority.

OH

Osler, Hoskin & Harcourt LLP

The BC Supreme Court Reinforces A Plaintiff's Duty To Exercise A Modicum Of Awareness For Their Own Safety In Petrunia v. Pensionfund Realty Limited, 2025 BCSC 2345

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

Canadian Courts Have Jurisdiction To Address Misappropriation By AI Companies

Canada Technology

LS

Lenczner Slaght LLP

A Material Development? The Supreme Court Of Canada Addresses The Definition Of A "Material Change" Under Canadian Securities Legislation

Canada Litigation

MT

McCarthy Tétrault LLP

Equitable Set-Off: Claim Of Mutual Debts Owed

Canada Litigation

MR

McLennan Ross LLP

Supreme Court Of Canada Affirms Broad Definition Of "Material Change"

Canada Commercial

DW

Davies Ward Phillips & Vineberg

Quebec Court Of Appeal Clarifies When Professional Secrecy Can Be Lifted In Norwich Orders

Canada Litigation

GW

Gowling WLG

Court Of Appeal Clarifies Late Service Rules: No Jurisdiction Without Timely Claim Form

Canada Real Estate

GW

Gowling WLG

Alberta Court Of Appeal Rules That Absolute Privilege Means Absolute

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Supreme Court Of Canada Considers The Meaning Of "Material Change" In Canadian Securities Law And Clarifies The Test For Leave To Proceed With A Secondary Market Securities Class Action

Canada Litigation

D

Dentons Canada LLP

AI Has Fundamentally Changed My Litigation Practice. Effective Adoption Means Treating AI As A Vehicle You Steer To Accelerate Your Work – Not A Self-driving Car

Canada Litigation

RA

Robins Appleby LLP

Court Of Appeal Clarifies Late Service Rules: No Jurisdiction Without Timely Claim Form

In Bellway Homes Limited v The Occupiers of Samuel Garside House [2025], the Court of Appeal (CoA) has overturned an earlier decision of the Technology and Construction Court (TCC)...

Canada Real Estate

GW

Gowling WLG

Alberta Court Of Appeal Rules That Absolute Privilege Means Absolute

The plaintiff in this action was the former General Counsel for the O'Chiese First Nation (O'Chiese). O'Chiese had engaged a law firm to pursue litigation that was not successful.

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Supreme Court Of Canada Considers The Meaning Of "Material Change" In Canadian Securities Law And Clarifies The Test For Leave To Proceed With A Secondary Market Securities Class Action

On November 28, 2025, the Supreme Court of Canada released its highly anticipated decision Lundin Mining Corporation v. Markowich,1 addressing the meaning...

Canada Litigation

D

Dentons Canada LLP

AI Has Fundamentally Changed My Litigation Practice. Effective Adoption Means Treating AI As A Vehicle You Steer To Accelerate Your Work – Not A Self-driving Car

Over the last two years, I've been steadily integrating AI into my practice. Today, I utilize enterprise-grade tools daily. They've transformed how I plan, execute, and deliver work.

Canada Litigation

RA

Robins Appleby LLP

Civil Claims Struck Due To Privacy Breach From Unauthorized Access To Text Messages (McCarrell v. McCarrell)

Canada Litigation

GR

Gardiner Roberts LLP

Supreme Court Provides Guidance On Meaning Of "Material Change" For Securities Disclosure

Proper disclosure has been recognized by the Supreme Court of Canada as "the heart and soul of the securities regulations across Canada".

Canada Commercial

TL

Torys LLP

Lundin Mining v. Markowich: Has There Been A Material Change To "Material Change"?

In Lundin Mining Corp. v. Markowich, 2025 SCC 39, a majority of the Supreme Court affirmed that there is no bright line test for a material change. An issuer must interpret "change" broadly...

Canada Commercial

BL

Borden Ladner Gervais LLP

Court Says No To End Run: Hong Kong Arbitration Blocked In Binance Class Action

In cross-border litigation, the choice of venue is a major strategic consideration, and forum contests can be as hotly contested as the underlying dispute.

Canada Litigation

LS

Lenczner Slaght LLP

Top Five Tips When Seeking Leave To Appeal

In Ontario, there is no inherent right to appeal a decision. Appeal rights are "wholly a matter of statute".

Canada Litigation

TM

Torkin Manes LLP

Manitoba Adopts Anti SLAPP Protections

Canada Employment

TM

Taylor McCaffrey

Supreme Court Of Canada Confirms Framework For Assessing A "Material Change"

Canada Commercial

BC

Blake, Cassels & Graydon LLP

Court Of Appeal Summaries (November 24 – 28, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Law Firm Ordered To Disclose Client's Banking Information (Stajic v. Wayland Group And Ward)

Canada Litigation

GR

Gardiner Roberts LLP

Case Commentary: Rotfleisch v. Attorney General Of Canada – Filing An Objection Does Not Stop The Alleged Tax Owing From Accumulating Interest

RS

Rotfleisch & Samulovitch P.C.

How Insurers Can Lose Their Subrogation Rights: Lessons From Millennium Insurance Corporation v. Kapeluck (2025 ABCA 82)

Canada Insurance

MT

Miller Thomson LLP

Binance v. OSC : Court Of Appeal Addresses Scope Of Charter Review In Securities Investigations

Canada Commercial

BJ

Bennett Jones LLP

Supreme Court Of Canada Clarifies "Material Change": What Issuers Need To Know

Canada Litigation

FR

Fogler, Rubinoff LLP

A Material Decision Without A "Material Change": Lundin Mining Corp. v. Markowich – SCC Analysis Of Material Change And Leave Requirements In Securities Class Actions

Canada Commercial

ML

McMillan LLP

Divisible v Indivisible Injuries: Guidance From The B.C. Court Of Appeal In 7-Eleven Canada Inc. v Tommy, 2025 BCCA 220

Canada Litigation

ML

McKercher LLP

Les Excuses En Cas De Diffamation : Une Solution Plus Symbolique Que Juridique?

Canada Litigation

BB

BCF Business Law

Ontario Courts Clarify OSC Investigative Powers: Key Takeaways For Market Participants

Canada Litigation

C

Cassels

Court Grants Full Indemnity Costs Following Dismissal Of Frivolous And Fabricated Claim (Kovacevic v. Bank Of Montreal)

Canada Litigation

GR

Gardiner Roberts LLP

Climate Litigation Report 2025

Canada Environment

MR

McLennan Ross LLP

Les stagiaires en enseignement ne sont pas des salariés pendant leurs stages non rémunérés

Canada Employment

BS

Bélanger Sauvé

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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

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Consent To Judgment In Ontario Debt Matters Explained (Video)

DS

Devry Smith Frank LLP

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

FH

FH&P Lawyers

Class Actions In Canada: Hot Topics Shaping Tech Litigation (Video)

F

Fasken

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

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