Canada: Litigation, Mediation & Arbitration

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.

What are the critical differences between interviewing children and adults in investigations, and how can investigators adapt their techniques to account for children's unique cognitive and emotional needs? Child forensic interviewing specialist Dayna Boyko shares essential lessons from her 25 years with the Toronto Police Service, revealing how investigators can maximize the accuracy and reliability of information gathered from young witnesses and survivors.

The Federal Court’s June 12, 2026 decision in Minister of National Revenue v KPMG Canada LLP, T-139-26, is a significant ruling on the limits of privilege assertions by third-party tax advisors in the context of CRA audits.

Bill C-31 expands the Canada Revenue Agency's audit powers while doubling the amounts heard under the Tax Court's Informal Procedure, creating a structural imbalance where the Crown gains greater means to build its case while taxpayers lose procedural safeguards to test it. The Canadian Institute for Tax Controversy Studies argues that these changes require safeguards including advance disclosure, pre-hearing examinations, and independent oversight before implementation.

The Free State High Court declined to grant an application to enforce an arbitration award while it remained suspended in Lesotho.

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

Bill C-31 expands the Canada Revenue Agency's audit powers while doubling the amounts heard under the Tax Court's Informal Procedure, creating a structural imbalance where the Crown gains greater means to build its case while taxpayers lose procedural safeguards to test it. The Canadian Institute for Tax Controversy Studies argues that these changes require safeguards including advance disclosure, pre-hearing examinations, and independent oversight before implementation.

What happens when a jury is offered only two verdicts and neither one fits? Gavin Tighe and Stephen Thiele step outside their usual lane to examine the hung jury that ended the murder trial of Lindsay Clancy, the Massachusetts mother charged with killing her three young children.

When a trusted attorney abuses their authority under a power of attorney, family members often wonder if removal is possible. Ontario courts have the power to remove attorneys, but only with strong evidence of misconduct and when removal serves the incapable person's best interests.

When can citizens sue government officials for abuse of power? A landmark Supreme Court case examines the boundaries between administrative law and civil litigation, revealing...

In January 2025, former Federal Minister of Health, the Honourable Mark Holland, released a Letter to provinces and territories on the importance of upholding the Canada Health Act – 2025. We wrote about it here.

In Sienna v. Duckett, 2025 ONCA 867, the Court of Appeal allowed the plaintiffs leave to amend their claim against the Attorney General of Canada relating...