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.

Limitation Clauses And Good Faith: Ontario Court Of Appeal Confirms Damages Can Be Capped

The Ontario Court of Appeal's decision in 1401380 Ontario Limited (Wilderness North Air) v. Hydro One Remote Communities Inc. provides important guidance on the application of limitation of liability clauses in cases involving breaches of contractual good faith.

Canada Commercial

ML

McMillan LLP

A Trip Abroad, A Lawsuit At Home? Jurisdiction Limits In Travel-Related Torts

In a closely divided 5-4 decision, the Supreme Court of Canada in Sinclair v Venezia Turismo, 2025 SCC 27 considered whether Ontario courts could assume jurisdiction over foreign defendants in a travel-related tort...

Canada Transport

CC

CLC (Canadian Litigation Counsel)

Court Of Appeal Summaries (January 26 – January 30, 2026)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 26, 2026.

Canada Litigation

BM

Blaney McMurtry LLP

Loss Of Chance- How Courts Assess Damages Where A Plaintiff Loses The Opportunity To Pursue Litigation

Lawyers are human which means that even the most diligent lawyer will make mistakes from time-to-time. One of the most common mistakes a lawyer can make is missing a limitation period, thereby barring their client from pursuing litigation.

Canada Litigation

WT

DWF Group

Ontario Court Of Appeal Reaffirms Importance Of Objective, Contextual Contractual Interpretation

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Tax Court Of Canada Clarifies Role Of Parties' Intentions In Worker Classification

RS

Rotfleisch & Samulovitch P.C.

Appeals To The Supreme Court Of Canada: 2025 Year In Review

Canada Litigation

LS

Lenczner Slaght LLP

Developments In Class Action Law: Highlights From Q4 2025

Canada Litigation

AB

Aird & Berlis LLP

The Power Of Mentorship At Lerners: Celebrating National Mentoring Month

Canada Litigation

LL

Lerners LLP

Recent Saskatchewan Court Of King's Bench Decision Reaffirms The Broad Application Of The One-year Limitation Period For Suing Municipalities In Saskatchewan

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

The SCC Leave Project: Predictions For January 29, 2026

Canada Litigation

LS

Lenczner Slaght LLP

Proposed Changes To The Rules For Expert Witnesses: Cooperation, Conferencing, & Consequences

Canada Litigation

LS

Lenczner Slaght LLP

Ontario Court Grants Anti-suit Injunction To Enjoin Foreign Arbitration In Ongoing Crypto Litigation

Canada Litigation

OH

Osler, Hoskin & Harcourt LLP

Life Sciences In Canada: Year In Review 2025

GW

Gowling WLG

Federal Budget 2025

MT

McCarthy Tétrault LLP

After The Surge: Understanding The GTA's Housing Market Decline

Canada Real Estate

AB

Aird & Berlis LLP

Evolving Needs For Emerging And High Growth Companies: Seed Stage (Video)

Canada Commercial

OH

Osler, Hoskin & Harcourt LLP

11 Tax Changes To The Income Tax Act (ITA) In 2026 And Beyond That Canadian Taxpayers, Canadian Businesses Need To Know About

RS

Rotfleisch & Samulovitch P.C.

Employment & Labour – Top Ten Decisions Of 2025

Canada Employment

CP

Cox & Palmer

What Businesses Need To Know About Expanding Minister Of National Revenue Powers During Reassessments Under Income Tax Act, Subsection 152(9) – Perspective From Canadian Tax Lawyer

Canadian tax law evolves constantly, with Tax Court of Canada rulings playing a pivotal role in clarifying the Minister of National Revenue's authority over reassessments.

RS

Rotfleisch & Samulovitch P.C.

Open-court Principle Takes Back Seat To Serious Risk Of Defendant's Reputational Loss (S.L.K. v. A.B.)

Whether in criminal or civil cases, the courts are often confronted with disturbing scenarios and serious allegations that, if proven, can have devastating negative impacts on an accused or a defendant.

Canada Litigation

GR

Gardiner Roberts LLP

Alberta Court Of Appeal Recalibrates Cost Awards In Professional Disciplinary Proceedings

On July 17, 2025, the Alberta Court of Appeal released its decision in Charkhandeh v College of Dental Surgeons of Alberta, 2025 ABCA 258 (Charkhandeh).

Canada Litigation

MA

MLT Aikins LLP

Freedom Convoy: Federal Court Of Appeal Upholds Finding Of No Emergency

In Canada (Attorney General) v Canadian Civil Liberties Association, the Federal Court of Appeal upheld the Federal Court's findings that the Canadian government's use of the Emergencies Act in response to the...

Canada Litigation

LS

Lenczner Slaght LLP

Que faut-il pour exprimer une intention testamentaire ferme et définitive? Leçons tirées de l'affaire Paige v Noel, 2025 BCCA 358 (« Paige »)

MT

Miller Thomson LLP

BC Supreme Court Dismisses Dormant Lien Action — Security Released After Five Years

Canada Real Estate

CW

Clark Wilson LLP

Lawyer Ordered To Pay Personal Costs For Using Fake AI-generated Case Law (Reddy v Saroya)

Canada Technology

GR

Gardiner Roberts LLP

Court Of Appeal Summaries (January 19 – 23, 2026)

Canada Litigation

BM

Blaney McMurtry LLP

Good Faith In M&A Deals At The Supreme Court Of Delaware: A Canadian Perspective

Canada Commercial

MT

McCarthy Tétrault LLP

Spoliation de la preuve : La Cour suprême du Canada s'apprête à fournir des indications

Canada Litigation

BC

Blake, Cassels & Graydon LLP

Understanding How Statutory Deductibles And Thresholds Impact Your Vehicle Accident Claim

Canada Insurance

GP

Gluckstein Lawyers

A New Era For Civil Litigation In Ontario: Highlights From The Civil Rules Review Final Report

Canada Litigation

BL

Borden Ladner Gervais LLP

Can An Entire Agreement Clause Bar Reliance On The Surrounding Circumstances? ONCA Says "No".

Canada Strategy

TL

Torys LLP

Ontario's Approach To Enforcing Foreign Judgments In The Face Of Arbitration Clauses

Canada Litigation

MT

McCarthy Tétrault LLP

What Businesses Need To Know About Expanding Minister Of National Revenue Powers During Reassessments Under Income Tax Act, Subsection 152(9) – Perspective From Canadian Tax Lawyer

Canadian tax law evolves constantly, with Tax Court of Canada rulings playing a pivotal role in clarifying the Minister of National Revenue's authority over reassessments.

RS

Rotfleisch & Samulovitch P.C.

A New Era For Civil Litigation In Ontario: Highlights From The Civil Rules Review Final Report

The Civil Rules Review Working Group's Final Policy Report (the Final Report) was released on December 15, 2025, following extensive stakeholder consultation.

Canada Litigation

BL

Borden Ladner Gervais LLP

Can An Entire Agreement Clause Bar Reliance On The Surrounding Circumstances? ONCA Says "No".

The Supreme Court of Canada has been clear: surrounding circumstances play an important role in contractual interpretation.

Canada Strategy

TL

Torys LLP

Ontario's Approach To Enforcing Foreign Judgments In The Face Of Arbitration Clauses

In Hilmer Motorsport GmbH v. Mason, the Ontario Court of Appeal reaffirmed a pragmatic approach to the recognition and enforcement of foreign judgments...

Canada Litigation

MT

McCarthy Tétrault LLP

Federal Courts Publish The 2024-2025 Global Review Of The Federal Courts Rules

C

Cassels

What Businesses Need To Know About Expanding Minister Of National Revenue Powers During Reassessments Under Income Tax Act, Subsection 152(9) – Perspective From Canadian Tax Lawyer

Canadian tax law evolves constantly, with Tax Court of Canada rulings playing a pivotal role in clarifying the Minister of National Revenue's authority over reassessments.

RS

Rotfleisch & Samulovitch P.C.

What Will This Cost Me? Navigating The Costs Of Litigation

It can be difficult to estimate or predict litigation costs at the pre litigation or early litigation stages.

Canada Litigation

TM

Taylor McCaffrey

No Damages Beyond "Buyer Beware": Residential Renovations, The Building Code, And Construction Negligence

In the landscape of Ontario real estate litigation, the principle of caveat emptor (buyer beware) has long served as a formidable defense for vendors.

Canada Real Estate

Davidson Cahill Morrison LLP

BC Court Of Appeal Weighs In On Reasonableness Of Mandatory COVID-19 Vaccination Policies

In Purolator Canada Inc. v. Canada Council of Teamsters, 2026 BCCA 3, the BC Court of Appeal overturned an arbitrator's decision to strike down a mandatory COVID-19 Vaccination Policy.

Canada Employment

MA

MLT Aikins LLP

Comparing Greek Tax Evasion Reforms To Canadian Tax Compliance Strategies To Reduce Tax Cheating

RS

Rotfleisch & Samulovitch P.C.

Court Of Appeal Summaries (January 12 – 16, 2026)

Canada Litigation

BM

Blaney McMurtry LLP

Canadian Patent Law 2025: A Year In Review

SB

Smart & Biggar

Federal Court Of Appeal Confirms "New Owner Jurisprudence" In Section 45 Proceedings

OW

Oyen Wiggs Green & Mutala LLP

Royalties Are Not Always King: Alberta Court Of Appeal Upholds Decision To Vest Off Gross Overriding Royalty

Canada Insolvency

F

Fasken

Canadian Tax Litigation Insights: How The Jennings-Clyde (Vivatas, Inc.) Decision Protects Canadian Taxpayers' Rights In Federal Court Of Appeal

RS

Rotfleisch & Samulovitch P.C.

Setting The Precedent: 2025's Legal Landmarks And The Path Ahead

Canada Litigation

DW

Davies Ward Phillips & Vineberg

Top 5 Need-to-Know Canadian GST/HST Cases From 2025

MT

McCarthy Tétrault LLP

Private Practice, Public Operating Rooms, And Hospital Privileges: The Ontario Court Of Appeal Clarifies Section 44 Of The Public Hospitals Act

Canada Healthcare

LS

Lenczner Slaght LLP

Jennings-Clyde v. Canada (Attorney General), 2025 FCA 225 – When The CRA Denies Taxpayer Relief, It Must Explain Clear Reasons Why

RS

Rotfleisch & Samulovitch P.C.

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

RS

Rotfleisch & Samulovitch P.C.

The Competition Tribunal's First Word On The New "Public Interest" Leave Test

Canada Anti-trust

LS

Lenczner Slaght LLP

Forseed Haro Holdings Ltd. v. Bank Of Montreal: BCSC Provides Clarity On Security Interest In Cash Collateral Invested In GICs

Canada Real Estate

MT

McCarthy Tétrault LLP

Ontario's Top Court Finds School Board Not Liable In Bullying Claim

Canada Litigation

BL

Borden Ladner Gervais LLP

Service Of Process: More Than A Formality

Canada Litigation

C

Cassels

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Highlighted Content

What Businesses Need To Know About Expanding Minister Of National Revenue Powers During Reassessments Under Income Tax Act, Subsection 152(9) – Perspective From Canadian Tax Lawyer

RS

Rotfleisch & Samulovitch P.C.

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

RS

Rotfleisch & Samulovitch P.C.

Blake v. Ahmed (2025 BCCA 384) – The Court Of Appeal Reaffirms Limits On Taxpayer Claims And Pseudo-Legal Arguments

RS

Rotfleisch & Samulovitch P.C.

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

Latest Videos

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

MT

McCarthy Tétrault LLP

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)

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