Canada: Civil Law

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Article
Court Of Appeal Summaries (May 19 – 22, 2026)
The Ontario Court of Appeal issued a landmark decision overruling the controversial Biancaniello framework governing disclosure of partial settlement agreements in multi-party litigation. Four consolidated appeals required the Court to reconsider whether non-disclosure automatically constitutes abuse of process and whether a mandatory stay is the only available remedy, fundamentally reshaping how Ontario courts will handle settlement disclosure obligations going forward.
Canada Litigation
BM
Blaney McMurtry LLP
Article
Court Of Appeal Summaries (April 27 - 31, 2026)
The Ontario Court of Appeal issued several significant rulings addressing insurance priority disputes, interpleader applications in corporate governance conflicts, estate litigation sanctions, municipal permitting authority, real property vesting orders, and procedural matters in medical malpractice cases. These decisions clarify important principles regarding statutory interpretation, jurisdictional boundaries, and procedural fairness across multiple areas of civil law.
Canada Litigation
BM
Blaney McMurtry LLP
Article
Finality Reaffirmed: The Supreme Court Clarifies Res Judicata
The Supreme Court of Canada has clarified the test for res judicata and cause of action estoppel, establishing when parties can be barred from relitigating issues. This real estate financing dispute explores whether a party must explicitly invoke res judicata at first instance, how courts determine if two proceedings involve the same cause of action, and what constitutes reasonable diligence in advancing all available legal arguments.
Canada Litigation
MT
McCarthy Tétrault LLP
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