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Litigation Law, Mediation Law and Arbitration Law

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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.

Court Of Appeal Summaries (February 17 – 20, 2026)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of February 17, 2026.

Canada Litigation

BM

Blaney McMurtry LLP

La Cour d'appel redéfinit la méthodologie applicable aux autorisations d'actions collectives

Le 13 février 2026, la Cour d'appel du Québec a rendu l'arrêt Gauthier c. Bombardier, 2026 QCCA 148, dans lequel elle a clarifié la méthodologie à suivre dans le cadre de l'analyse du critère du par. 575(2°) C.p.c.

Canada Litigation

MT

McCarthy Tétrault LLP

Court Removes Lawyer From Record Due To Delays And Failure To Abide By Court Orders (Al-Hasnawi v. Hamilton (City)

While litigants generally have the right to be represented by counsel of their choosing, there are circumstances where a court will prohibit a lawyer from continuing to act in a matter.

Canada Litigation

GR

Gardiner Roberts LLP

Online Criticism And Defamation: An Ontario Anti-SLAPP Decision

On November 25, 2025, the Ontario Superior Court of Justice dismissed a $2,000,000 defamation action brought by Theralase Technologies Inc. and two of its executives as an "archetypical example of ‘SLAPP'" (strategic litigation against public participation).

Canada Litigation

DA

DMG Advocates

The Court Of Appeal Of Quebec Clarifies The Test Applicable To The Authorization Of Class Actions

Canada Litigation

MT

McCarthy Tétrault LLP

Your Client's Simplified Procedure Claim Is For $50,000.00 Or Less– Now What?

Canada Litigation

SW

Soloway Wright

Communication Is Key: What The Latest Sexual Violence Incident In Junior Hockey Tells Us About Toxic Culture In The Sport

Canada Litigation

GP

Gluckstein Lawyers

Guaranteed Rebuilding Cost On Trial: Winners, Losers & The SCC's Big Message (Video)

Canada Litigation

SB

SBA Lawyers LLP

Court Of Appeal Summaries (February 9 – February 13, 2026)

Canada Litigation

BM

Blaney McMurtry LLP

Bad Faith Neighbours And Blocked Views: What Canadian Courts Will And Won't Do

Canada Litigation

MT

Miller Thomson LLP

Covid's Impact On Long-Term Care Homes Should Not Be Forgotten

Canada Litigation

GP

Gluckstein Lawyers

He Shoots, He's Charged? How Far Is Too Far In Contact Sports (Podcast)

Canada Litigation

GR

Gardiner Roberts LLP

Who Really Decides An Election When One Ballot Goes Missing? (Podcast)

Canada Litigation

GR

Gardiner Roberts LLP

Trump Ordered It…But Was Maduro's Arrest Legal? (Podcast)

Canada Litigation

GR

Gardiner Roberts LLP

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Webinars

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Recorded on 27 Jan 2026 | 3:00 PM

When Harassment Comes From Outside: A Guide To Third-Party Risk Management

BB

BCF Business Law

Recorded on 20 Jan 2026 | 3:00 PM

2026 Canadian In-House Counsel Report: Unparalleled Insights into Canada's In-House Profession from CBA In-House Lawyers

TC

CBA In-House Lawyers

Recorded on 23 Oct 2025 | 2:00 PM

The End of the Billable Hour? Building Cost Certainty with Procido’s Fixed Annual Fee Model

PL

Procido LLP

Recorded on 9 Jul 2025 | 2:00 PM

Digital Assets – Innovation vs Compliance: Emerging Offshore Jurisdictional Trends – How Legal Advisers' Roles Will Change

W

Walkers

Disclosure & Electronic Discovery & Privilege

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

The British Columbia Supreme Court decision in Lewis v. WestJet Airlines Ltd. (2025 BCSC 1565) clarifies the circumstances under which accountants' work may be protected by legal privilege.

RS

Rotfleisch & Samulovitch P.C.

Tax Court Rejects The CRA's Attempt To Obtain Documents Protected By Solicitor-Client Privilege: Stack v The King, 2024 TCC 137

In Stack v The King, 2024 TCC 137, the Tax Court of Canada blocked the Canada Revenue Agency's attempt to obtain various documents, including an email record, that were protected by solicitor-client privilege.

Canada Litigation

RS

Rotfleisch & Samulovitch P.C.

Defendant Ordered To Produce Documents Encompassed By "Circle Of Privilege" (Will Murray & Associates V. Nader Fakih)

During the course of litigation, parties are generally required by the Ontario Rules of Civil Procedure to produce all documents that are relevant to the issues in dispute.

Canada Litigation

GR

Gardiner Roberts LLP

From Upload To Delivery: 5 Steps Every Secure Legal Translation Workflow Must Protect

Canada Law Performance

Alexa Translations

A High‑Level Summary Of Ontario's Proposed "Up‑Front Evidence Model" For Civil Discovery

Canada Litigation

LL

Lerners LLP

Saskatchewan Joins The Majority Of Canadian Provinces In Passing Franchise Disclosure Legislation

Canada Commercial

AH

Alexander Holburn Beaudin + Lang LLP

Selective Disclosure = Full Exposure: BC Court Expands Privilege Waiver In Coverage Case

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

AI Notetaking In The Legal And Business Context: Does It Risk Confidentiality Or Privilege?

Canada Technology

BJ

Bennett Jones LLP

Be Careful What You Waive: Partial Disclosure Of Privileged Documents Can Create Unintended Consequences

Canada Insurance

MA

MLT Aikins LLP

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Professional Negligence

Court Of Appeal Summaries (February 17 – 20, 2026)

Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of February 17, 2026.

Canada Litigation

BM

Blaney McMurtry LLP

BWA: North v. Bayerische Motoren Werke AG (Podcast)

Breakfast With Appeal is Torys' quarterly series showcasing the appellate law that's shaping Canadian conversations. Visit our main Breakfast With Appeal page for more content and upcoming webinars.

Canada Litigation

TL

Torys 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

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

Canada Real Estate

Davidson Cahill Morrison LLP

What To Do If You Have Been Bitten By A Dog

Canada Litigation

GP

Gluckstein Lawyers

Liability Of Police Chiefs & Police Boards For Officer Misconduct: Rivard V. Ontario, 2025 ONCA 100

Canada Litigation

AH

Alexander Holburn Beaudin + Lang LLP

Litigation Plans Matter: Players' Appeal Denied In Ontario Junior Hockey League Class Action

Canada Litigation

BL

Borden Ladner Gervais LLP

Common Law And The Evolution Of Negligence Claims

Canada Litigation

LL

Lerners LLP

Defence Win In Nydam v. Cunningham: Jury Finds No Liability

Canada Litigation

WT

DWF Group

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Class Actions

La Cour d'appel redéfinit la méthodologie applicable aux autorisations d'actions collectives

Le 13 février 2026, la Cour d'appel du Québec a rendu l'arrêt Gauthier c. Bombardier, 2026 QCCA 148, dans lequel elle a clarifié la méthodologie à suivre dans le cadre de l'analyse du critère du par. 575(2°) C.p.c.

Canada Litigation

MT

McCarthy Tétrault LLP

The Court Of Appeal Of Quebec Clarifies The Test Applicable To The Authorization Of Class Actions

On February 13, 2026, the Court of Appeal of Quebec rendered its decision in Gauthier v Bombardier, 2026 QCCA 148, in which it clarified the methodology applicable...

Canada Litigation

MT

McCarthy Tétrault LLP

Covid's Impact On Long-Term Care Homes Should Not Be Forgotten

COVID-19 ripped through our lives leaving death and unforeseen disruptions in its wake but, for many, the ordeal now seems like a distant memory. Yet, it has only been six years since COVID-19 was first identified in China.

Canada Litigation

GP

Gluckstein Lawyers

BWA: North v. Bayerische Motoren Werke AG (Podcast)

Canada Litigation

TL

Torys LLP

Martin v. Alphabet: Tribunal Sets The Public Interest Leave Framework—Evidence And Capacity Now The Gatekeepers

Canada Anti-trust

BJ

Bennett Jones LLP

Class Action Certification In British Columbia

Canada Litigation

SL

Siskinds LLP

Limitation Defences At Certification: Reichert V. Canada (AG), 2026 BCCA 9

Canada Litigation

MT

McCarthy Tétrault LLP

Year-in-review: Privacy Litigation Highlights

OH

Osler, Hoskin & Harcourt LLP

Developments In Class Action Law: Highlights From Q4 2025

Canada Litigation

AB

Aird & Berlis LLP

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Arbitration & Dispute Resolution

Developing Bias Doctrine In Canada

As we have written here before, proving bias tends to be an uphill battle. Because of that, this ground of complaint is rarely pursued in tax or trade appeals.

Canada International

MK

Millar Kreklewetz

La Cour d'appel de la C.-B. confirme les obligations du propriétaire après un avis de privilège d'un sous-traitant

Dans la décision Lonsdale Quay Market Corporation v. Klondike Contracting Corporation (la « décision Lonsdale »)...

Canada Real Estate

BC

Blake, Cassels & Graydon LLP

B.C. Finalizes Consumer Protection Regulations, Sets Low Threshold For Rendering Contract Terms Inoperative

On February 9, 2026, the British Columbia government announced that, further to its prior amendments to the Business Practices and Consumer Protection Act (BPCPA) in 2025

Canada Consumer

BC

Blake, Cassels & Graydon LLP

Okanagan College: A Win For Employers In The Labour Landscape

Canada Employment

RG

Roper Greyell LLP – Employment and Labour Lawyers

Ontario's Construction Act Changes – What You Need To Know In 2026

Canada Litigation

WL

WeirFoulds LLP

Arbitration: 2025 Year In Review

Canada Litigation

D

Dentons Canada LLP

Ontario Civil Litigation Reforms: The New Three‑Track Procedural Framework Explained

Canada Litigation

LL

Lerners LLP

New Pre‑Litigation Procedures

Canada Litigation

LL

Lerners LLP

Pre‑Trial Procedures And Trial Management Conferences: What Ontario Litigators Need To Know Now

Canada Litigation

LL

Lerners LLP

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Latest Videos

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Who Really Decides An Election When One Ballot Goes Missing? (Podcast)

GR

Gardiner Roberts LLP

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

MT

McCarthy Tétrault LLP

Civil Remedies For Survivors And Justice System Advances (Video)

GP

Gluckstein Lawyers

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

F

Fasken

Actions collectives au Canada : à l'avant-plan des litiges pharmaceutiques (Video)

FF

Fasken (French)

Upcoming Events

Breakfast With Appeal: September Edition

Canada Litigation

TL

Torys LLP

Litigation As Business Strategy: Aligning Legal Action With Organizational Goals

Canada Litigation

LS

Lenczner Slaght LLP

Breakfast With Appeal: December Edition

Canada Litigation

TL

Torys LLP

22nd Annual Class Actions Symposium 2026

Canada Litigation

LS

Lenczner Slaght LLP

SABA Toronto Annual International Women’s Day Symposium

Canada Litigation

PV

Pallett Valo LLP

Eight-Minute Administrative Law And Practice 2026 – The Law Society Of Ontario

Canada Litigation

WL

WeirFoulds LLP

Breakfast With Appeal: June Edition

Canada Litigation

TL

Torys LLP

Speaking Engagement

Advocacy Hour: Whistle Blower Litigation

Canada Litigation

LS

Lenczner Slaght LLP

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