ArticleCourt Of Appeal Clarifies Rules Regarding Contact With ExpertsYesterday, the Ontario Court of Appeal handed down its highly anticipated decision in Moore v. Getahun.CanadaLitigation, Mediation & ArbitrationBlaney McMurtry LLP
ArticleCourt Of Appeal Overturns Superior Court Ruling On The Charter Rights Of Autistic ChildrenWynberg et al. v. Ontario and Deskin et al. v. Ontario (hereinafter "Wynberg Deskin"). Briefly, Justice Kiteley had ruled that the Ontario government’s decision to deny funding of IBI/ABA therapy to children over five years of age was a violation of their right to equal treatment at law under section 15 of the Canadian Charter of Rights and Freedoms (the "Charter").CanadaLitigation, Mediation & Arbitration
ArticleCourt Suspends Enforcement Of Mandatory ADR RulesOn February 12, 2013, the Court of Queen’s Bench released a memorandum announcing that it will not enforce the mandatory dispute resolution Rules.CanadaLitigation, Mediation & ArbitrationMcLennan Ross LLP
ArticleCrowning A New Kind Of Class: The Supreme Court Of Canada Finds B.C.'s Multi-Crown Class Action Is ConstitutionalIn Sanis Health Inc. v. British Columbia, the Supreme Court of Canada considered for the first time the constitutionality of the "government class action".CanadaLitigation, Mediation & ArbitrationOsler, Hoskin & Harcourt LLP
ArticleDefendant Permitted to Defend Action Six Years After Plaintiff Obtains Default JudgmentThe Ontario Court of Appeal has upheld a Superior Court Judge’s decision to set aside a default judgment obtained by the plaintiff and allow the defendant the opportunity to enter a defence.CanadaLitigation, Mediation & ArbitrationMinden Gross LLP
ArticleDigging Deep Into Exclusion Clauses: The Supreme Court Of Canada Provides Guidance On Contractual InterpretationExclusion clauses—provisions which generally excuse a party from legal responsibility under a contract—are just like any other contractual term...CanadaLitigation, Mediation & ArbitrationFasken
ArticleExpert DeterminationA recent judgment of the B.C. Supreme Court in Haisla Nation v. Bear Creek Contracting Ltd. illustrates the importance of clearly distinguishing between expert determination and arbitration in commercial agreements. CanadaLitigation, Mediation & ArbitrationBlake, Cassels & Graydon LLP
ArticleFranchisor Ordered To Pay More Than $16 Million For Failing To Protect And Enhance The Dunkin’ Donuts Brand In QuebecThe Quebec Superior Court recently handed down a major decision in franchise law. CanadaLitigation, Mediation & ArbitrationNorton Rose Fulbright Canada LLP
ArticleHow Many Questions Is Too Many On An Examination For Discovery By Written Interrogatories?In a case of sufficient size and complexity, asking several hundred questions on an examination for discovery by written interrogatories may not be disproportionate absent bad faith or illegality...CanadaLitigation, Mediation & ArbitrationSiskinds LLP
ArticleICC’s 2025 Arbitration Statistics ExplainedThe International Chamber of Commerce's 2025 dispute resolution statistics reveal significant growth in arbitration cases, with North American parties increasingly turning to institutional arbitration. This analysis examines key metrics including industry sectors, dispute values, and procedural trends, while exploring how the new 2026 ICC Arbitration Rules and Canadian court backlogs may reshape the arbitration landscape. CanadaLitigation, Mediation & ArbitrationMcCarthy Tétrault
ArticleIf You Weren’t Ready To Come Forward, Do You Still Have Legal Options?Many people delay taking legal action after an assault because of trauma, fear, ongoing criminal proceedings, or simply not knowing their legal rights. Understanding the limitation period for assault claims in British Columbia is essential if you’re considering seeking compensation through a civil lawsuitCanadaLitigation, Mediation & ArbitrationWatson Goepel LLP
ArticleInformal Settlement Offers And CostsThe Alberta Court of Appeal decision of Chisholm v Lindsay ("Chisholm") released last month was expected to reconsider an earlier Court of Appeal decision (Mahe v Boulianne ("Mahe"))...CanadaLitigation, Mediation & ArbitrationMcLennan Ross LLP
ArticleIt's Just Notice: Ontario Court Of Appeal Holds That Rules Of Service Do Not Interfere With State SovereigntyThe Ontario Court of Appeal rejected the proposition that Canada's international law obligations require that service of an originating process in a non-Hague Convention state, for the purpose of an Ontario action, has to be made in accordance with the laws of the foreign state.CanadaLitigation, Mediation & ArbitrationBlake, Cassels & Graydon LLP
ArticleJustification, Transparency And Intelligibility: From Beginning To EndRecent case law has stressed the importance of regulatory tribunals ensuring that their processes be transparent and intelligible...CanadaLitigation, Mediation & ArbitrationWeirFoulds LLP
ArticleLandmark SCC Ruling Provides Clarity On Privative ClausesThe Supreme Court of Canada has delivered a landmark ruling declaring section 66 of the Conflict of Interest Act unconstitutional, fundamentally reshaping the boundaries between legislative authority and judicial oversight of administrative decisions. This unanimous decision addresses longstanding questions about the validity of privative clauses that restrict courts' ability to review findings by Parliament's ethics commissioner. CanadaLitigation, Mediation & ArbitrationTorys
ArticleMajor Changes To Ontario's Class Proceedings ActOn July 8, 2020, Bill 161 received Royal Assent. The amendments to the Class Proceedings Act, 2002 contained in Bill 161 will come into force and effect on a date to be determined by proclamation of the Lieutenant Governor.CanadaLitigation, Mediation & ArbitrationGowling WLG
ArticleMaterial Adverse Effects: Insights From The High Court Of JusticeUncertainty caused by macroeconomic risks such as the COVID-19 pandemic, severe weather events and geopolitical tensions has given rise to increased judicial consideration of contractual terms apportioning risk in the negotiation and execution of commercial transactions.CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticleSCC Leaves The Door Open To Tort Claims Against Election OfficialsIn Resler v. Anglin, 2026 SCC 23, the Supreme Court of Canada held that an unsuccessful provincial election candidate may continue his civil action in misfeasance in public office against Alberta’s Chief Electoral...CanadaLitigation, Mediation & ArbitrationBorden Ladner Gervais LLP
ArticleServer Location Not Definitive In Determining Jurisdiction Over Foreign DefendantCanadian courts will generally assume jurisdiction over proceedings that have a real and substantial connection to them. CanadaLitigation, Mediation & ArbitrationMcMillan LLP
ArticleSolicitor-client Privilege Can Be Lost!The Ontario Court of Appeal has ruled that solicitor-client privilege can be implicitly waived when a party's pleadings rely on their understanding of their legal position...CanadaLitigation, Mediation & ArbitrationMillar Kreklewetz