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For perhaps the first time, the Ontario Court of Appeal has ordered an unsuccessful litigant to post security for costs of a trial judgment before being allowed to proceed with an appeal...

We are all changing and updating the way we do things as we adjust to the "new normal" of the pandemic.

In April 2025, the Ontario Civil Rules Review Working Group (CRR Working Group) released its Phase 2 Consultation Report [PDF], proposing comprehensive changes to the Rules of Civil Procedure (Rules).

What happens when a party claims it misunderstood the legal consequences of a contract, but had in fact obtained legal advice at the time it was executed? The short answer is that it can result in a complete loss...

In a recent decision, the Ontario Superior Court clarified the test by which Ontario courts will recognize foreign bankruptcy proceedings.

Under what circumstances and at what point in time can or should the Court remove a lawful Attorney appointed under an Enduring Power of Attorney?

An order for security for costs can be made for a range of reasons. Its primary purpose is to give protection to the moving party by ensuring funds are available to cover their litigation costs.

Class action litigation is comprised of several stages. Some overlap with the steps in standard civil actions, but others—such as "certification"—are distinct and fundamental to the class action regime.

The stated purpose of the Small Claims Court is to provide a streamlined process for parties to pursue claims of up to $25,000 in a cost-effective and efficient manner.

The new "sufficient appreciation test" set out by the Supreme Court in Hryniak v. Mauldin represents a cultural shift in the availability of summary judgment.

Several weeks ago, I posted an article about the decision of the Supreme Court of Canada in Hryniak v. Mauldin, et al., and indicated that in my view this case represented a momentous shift in Ontario's law on summary judgment.

Here's a look at the leave application decisions that the Supreme Court of Canada will be releasing on December 12, 2024.

On October 11, 2018, in a highly anticipated decision1, the Supreme Court of Canada unanimously dismissed an appeal brought by the Mikisew Cree First Nation (the "Mikisew"),

The Court of King's Bench for Saskatchewan establishes a comprehensive two-part legal test determining when courts may strike pleadings for failure to attend mandatory mediation. This landmark decision balances procedural compliance with equitable considerations, examining factors from prejudice to litigation history when parties refuse to participate in Saskatchewan's mandatory mediation process.

How can lawyers better support clients who have experienced trauma? This article explores trauma-informed legal practice, examining how traditional litigation processes can inadvertently re-traumatize vulnerable clients and what steps legal professionals can take to create safer, more effective advocacy in personal injury, institutional abuse, and medical malpractice cases.

The Québec Code of Civil Procedure c-25.01 provides litigants with two procedural mechanisms for involving a third party in the proceedings, namely, (1) a recourse in warranty...

The Ontario Land Tribunal's January 2025 decision in Ottawa (City) v. Ottawa (City) addresses whether non-statutory provincial guidelines can override practical solutions when health-based water quality standards are met. At the heart of the case is a rural severance application where sodium levels slightly exceeded aesthetic guidelines but could be easily treated, raising fundamental questions about the legal weight of interpretive guidelines versus binding regulations. The Tribunal's ruling clarifies the

On May 8, 2008 the Supreme Court of Canada held that an owner in a tendering process does not owe a duty of care in tort to subcontractors.