Canada: Court Procedure

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Article
Evidence Over Speculation: The BC Court Of Appeal Revisits Contingency Deductions In Mariotto V. Rowntree Estate 2026 BCCA 215
The British Columbia Court of Appeal examines how courts should assess negative contingency deductions when plaintiffs have pre-existing health conditions, establishing critical evidentiary standards for reducing damages based on psychological vulnerability. This decision clarifies the burden defendants must meet to justify substantial reductions in personal injury awards and distinguishes between proving a contingency exists versus quantifying its likelihood.
Canada Litigation
CC
CLC (Canadian Litigation Counsel)
Article
Court Of Appeal Summaries (May 25 – 29, 2026)
The Court of Appeal for Ontario issued several significant rulings during the week of May 25, 2026, addressing critical issues spanning professional regulation, defamation law, negligence liability, and commercial disputes. These decisions clarify important legal principles regarding costs awards against regulatory bodies, anti-SLAPP motion analysis, occupiers' duties to warn of hidden dangers, and enforcement of settlement agreements in various contexts.
Canada Litigation
BM
Blaney McMurtry LLP
Video
Steve Rastin: How Class Actions And Mass Torts Drive Systemic Change (Video)
Class action litigation serves a purpose beyond resolving individual claims—it can drive systemic change and corporate accountability. Senior Counsel Steve Rastin explores why these cases require time, patience, and precision, from securing impartial experts to navigating complex certification requirements, all while maintaining a commitment to fairness for every plaintiff.
Canada Litigation
GP
Gluckstein Lawyers
Article
Court Of Appeal Overturns Handley Estate Decision
Ontario courts have long required immediate disclosure of partial settlement agreements, with severe consequences for non-compliance. A recent 2025 decision clarifies how new procedural rules interact with established case law regarding settlements that transform adversarial relationships into cooperative ones. The ruling confirms that certain types of undisclosed settlements will continue to result in the harshest remedy available.
Canada Litigation
SW
Soloway Wright
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