Canada: Arbitration & Dispute Resolution

Subscribe
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.
Article
What’s The Misuse? Defence Of Copyright Misuse Survives Further Motion To Strike In Millennium Funding v. Bell Canada
The Federal Court's recent decision in Millennium Funding, Inc. v. Bell Canada marks a pivotal moment in Canadian copyright law, as it allows the novel defence of "copyright misuse" to proceed to trial rather than being struck at the pleadings stage. This case examines whether film production companies misused Canada's notice and notice regime by sending automated, non-compliant notices to intimidate alleged infringers into disproportionate settlements and make exorbitant claims against Internet Service Pro
Canada IP
C
Cassels
Article
Taking Time In Chambers: Document Production Lessons From Gatehouse Developments (Acquisition) Inc. v. 1104815 B.C. Ltd., 2026 BCSC 1634
A British Columbia Supreme Court decision highlights critical procedural lessons for document production disputes, examining how rushed chambers hearings and incomplete factual records led to an overly broad production order being overturned on appeal. The case clarifies the boundaries of disclosure obligations, the role of proportionality, and the limits of using collateral applications to expand relevance in civil litigation.
Canada Litigation
ML
McMillan LLP
Article
Beyond Ahluwalia: Practical Considerations For Litigating IPV Claims
When the Supreme Court of Canada established the new tort of intimate partner violence (“IPV”) in Ahluwalia v. Ahluwalia,[1] it answered a call to action to address and provide a remedy to the coercion, control, and systemic harm that results from this pervasive form of abuse. In the wake of the decision, family and civil lawyers now have to figure out how to effectively litigate these cases. How should they be pleaded? What evidence will courts find persuasive? How much corroboration is necessary?
Canada Litigation
LL
Lerners LLP
Article
FCA Overturns CITT In Medline
The Federal Court of Appeal has overturned a Canadian International Trade Tribunal decision, establishing that duty relief under Chapter 99 of the Customs Tariff requires a closer physical connection between imported goods and qualifying items than mere simultaneous use. This ruling significantly narrows the interpretation of the "for use in" provision, affecting how importers can claim duty relief when goods are used together in commercial settings without direct physical integration.
Canada International
MK
Millar Kreklewetz
Article
Sinclair-Desgagné v. Canada: The Supreme Court Reaffirms The Test Established In Opitz For Challenging A Federal Election
The Supreme Court of Canada has rendered its highly anticipated decision in Sinclair-Desgagné v. Canada (Chief Electoral Officer), 2026 SCC 31. In a 6-3 majority decision, the Court has issued the reasons supporting its February 13, 2026 order setting aside the result of the federal election held on April 28, 2025 in the riding of Terrebonne.
Canada Litigation
F
Fasken
Article
Dispute Resolution Clauses – 2 Minute Drafting Tips: Bulletin #10: Addressing The Potential For Non-Parties To Be Involved In A Dispute
The purpose of this bulletin, the tenth in our “Dispute Resolution Clauses - Two Minute Drafting Tips” series, is to provide parties involved in negotiating commercial agreements with quick, actionable tips for crafting effective dispute resolution clauses. This bulletin highlights the importance of considering, at the stage of negotiating a commercial agreement, the potential for third parties to be involved in or implicated by a future dispute.
Canada Litigation
F
Fasken
Article
Court Of Appeal Applies Force Majeure Clause To COVID-19 Business Closure
The Ontario Court of Appeal has ruled that a force majeure clause can be triggered without requiring fault or breach by the affected party. In a dispute between a fitness club operator and its landlord over COVID-19 closures, the court confirmed that government restrictions preventing in-person operations constituted a force majeure event, extending the lease term without additional rent obligations.
Canada Real Estate
AG
Affleck Greene McMurtry LLP
Article
Alberta Court Confirms High Bar For Appeals And Set-Asides Of Domestic Arbitral Awards
The Court's decision confirms that, despite the uncertainty introduced by the Supreme Court of Canada in Canada (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 and Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District, 2021 SCC 7, the bar for overturning an arbitral award on the basis of procedural unfairness or inadequacy of reasons remains high in Alberta, and dismissed the challenge in its entirety.
Canada Litigation
BJ
Bennett Jones LLP
Article
Court Of Appeal Of Québec: International Commercial Arbitration Agreement Enforceable Despite Absence Of Mandatory Language
The Court of Appeal of Québec recently enforced an international arbitration clause despite its use of permissive rather than mandatory language. This decision clarifies how Canadian courts interpret dispute resolution clauses in cross-border commercial agreements, particularly when parties use imperfect wording like "may" instead of "shall." The ruling emphasizes that courts will look beyond literal language to the broader context and intent of international parties seeking legal certainty through arb
Global Litigation
BJ
Bennett Jones LLP
Article
Ontario Court Of Appeal: Insurance Coverage Analysis Turns On Nature Of Loss, Not Coverage Grant Selected
The Ontario Court of Appeal's decision in Panasonic Canada Inc. v. XL Specialty Insurance Company establishes that coverage analysis must focus on the true nature of the loss rather than the coverage provision an insured selects. When a ransomware endorsement contains specific language governing losses connected to cyber-extortion threats, that endorsement may control the claim even when the insured seeks recovery under different policy provisions and never paid a ransom.
Canada Insurance
BL
Borden Ladner Gervais LLP
See more