Canada: Court Procedure

The Ontario Court of Appeal's recent decision in Lower William Properties Ltd. v. Santaguida examines the complex interplay between the ultimate limitation period and third-party claims for contribution and indemnity under Ontario's Limitations Act, 2002. While the court declined to provide definitive answers, it identified four critical issues that may allow third parties to face liability even after the 15-year ultimate limitation period has expired for direct claims.

This comprehensive weekly summary examines critical Court of Appeal decisions addressing paralegal licensing authority in immigration matters, the proper use of vesting orders in family law enforcement, and the interpretation of indemnity agreements in commercial transactions. The cases explore fundamental questions about jurisdictional boundaries, procedural fairness, and the balance between creditor rights and family law remedies.

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

The Federal Courts of Canada operate under statutory jurisdiction rather than inherent authority, creating distinct boundaries for their legal powers. This article examines how these jurisdictional limits apply across three critical areas: intellectual property disputes, competition law enforcement, and tax matters. Understanding these boundaries is essential for determining whether cases belong in Federal Court or provincial superior courts.

The Tax Court of Canada has established a four-step process for taxpayers who discover a Notice of Assessment after the standard 90-day objection deadline has passed.

Le 21 septembre 2026 a marqué le neuvième anniversaire des modifications importantes apportées au Règlement sur les médicaments brevetés (avis de conformité). Cet article examine les tendances des litiges pharmaceutiques au Canada, notamment le nombre record de faibles procédures engagées et l'absence de décisions sur le fond rendues par la Cour fédérale. L'analyse couvre également les actions en cours, les procédures sommaires et les dem

The Ontario Court of Appeal has upheld a lower court's decision refusing to certify a class action alleging systemic childhood sexual abuse within Canadian Jehovah's Witness congregations. The ruling examines whether highly individualized abuse claims involving different perpetrators, activities, and locations across various congregations can satisfy the commonality requirements necessary for class action certification, or whether individual proceedings would better serve the interests of justice.

Although there is debate about whether the world is suffering from climate change, according to a 2024 United Nations survey, 80 percent of people worldwide want their country to do more about it. Based on measurements of the world’s glaciers, there is certainly scientific evidence that they have receded each year for the past 37 years and that they are melting faster than ever.

The Ontario Court of Appeal has clarified the longstanding test for obtaining leave to appeal from the Divisional Court, streamlining the framework into two core components: arguability and public importance. This decision resolves recent confusion about whether the test varies depending on the Divisional Court's jurisdiction and eliminates categories that had caused uncertainty in application.