Canada: Professional Negligence

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Article
Third-party Claims And The Ultimate Limitation Period: When Is The Possibility Of Litigation Really Dead?
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.
Canada Litigation
OH
Osler, Hoskin & Harcourt LLP
Article
What Every Landlord And Property Owner Must Know: Occupiers’ Liability And Winter Maintenance
Ontario landlords and property owners face significant legal exposure when outsourcing winter maintenance to contractors. Recent caselaw reveals that hiring a snow removal contractor does not eliminate liability under the Occupiers' Liability Act, and courts now require active monitoring, structured inspection protocols, and documented oversight to successfully defend against slip-and-fall claims arising from icy conditions.
Canada Real Estate
PV
Pallett Valo LLP
Article
Ontario Confirms That Direct Participation In Civil Fraud Is An Independent Ground For Personal Liability
The Ontario Court of Appeal recently upheld a landmark decision establishing that corporate officers and directors can be held personally liable for civil fraud when they directly participate in making fraudulent representations. The case arose from a COVID-19 pandemic mask supply contract where an officer recklessly represented his company could deliver three million NIOSH-certified N95 masks to a hospital without having secured any such supply.
Canada Criminal
DA
DMG Advocates
Article
Recent Decisions Illustrate The Consequences Of Deficient Or Absent Motion Materials
Recent Ontario Superior Court decisions demonstrate how procedural missteps in civil litigation can derail even straightforward motions. From improperly served materials and excessive hearsay to missing factums and deficient affidavits, these cases reveal the tangible consequences when litigants fail to comply with the Rules of Civil Procedure. Courts are increasingly willing to adjourn, dismiss, or deny relief when parties cannot meet basic evidentiary and procedural requirements.
Canada Litigation
GR
Gardiner Roberts LLP
Article
Court Of Appeal Summaries (August 3 – August 7, 2025)
The Ontario Court of Appeal released multiple significant decisions during the week of August 3-7, 2026, addressing critical issues in employment law, medical malpractice, defamation, and property law. Notable rulings clarified the enforceability of termination provisions in employment contracts, particularly regarding "at any time" clauses and their consistency with Employment Standards Act minimum requirements, while also examining RSU entitlements and the application of statutory notice provisions.
Canada Litigation
BM
Blaney McMurtry LLP
Article
The Lawyer’s Duty To Communicate: Professional Liability & Section 17 Of The Limitation Act
A recent BC Supreme Court decision clarifies how a lawyer's knowledge of potential claims can be attributed to their client under limitation law, creating significant professional liability risks. When lawyers fail to communicate material information discovered during a retainer, they may face negligence claims even as their client's original claim becomes time-barred. This intersection of professional duty and statutory limitation periods demands careful attention from legal practitioners.
Canada Litigation
AH
Alexander Holburn Beaudin + Lang LLP
Article
Here’s The Drill – Introducing The New CCDC 33 – 2026 Progressive Design-Build Service Contract
The Canadian Construction Documents Committee has released CCDC 33, a standardized service contract governing the relationship between design-builders and consultants on progressive design-build projects. This new form establishes the framework for professional design services, payment structures, and liability provisions in the downstream contractual chain. How does this companion document to CCDC 32 balance the consultant's professional obligations with the commercial realities of multi-party construction
Canada Real Estate
WL
WeirFoulds LLP
Article
Dans quelles circonstances le tribunal peut-il « corriger » un testament ?
Following a testator's death, disputes may arise when parties claim errors in a will that fail to reflect the deceased's true testamentary intentions. Ontario courts can apply the legal doctrine of rectification to correct wills, but only under specific, narrowly defined circumstances that balance respect for testamentary freedom with the need to remedy genuine drafting errors.
Canada Family
MT
Miller Thomson LLP
Article
Planifier sa succession à un âge avancé : quatre moyens de réduire le risque de contestation de votre testament pour cause d’incapacité
Lorsque vous révisez votre planification successorale à un âge avancé, comment pouvez-vous protéger votre testament contre les contestations fondées sur l'incapacité cognitive? Découvrez quatre mesures concrètes pour préserver les preuves essentielles de votre capacité juridique et garantir que vos volontés testamentaires seront respectées après votre décès.
Canada Family
MT
Miller Thomson LLP
Article
Planning Your Estate Later In Life: Four Ways To Protect Your Will From A Capacity Challenge
Estate planning later in life requires careful attention to testamentary capacity to prevent will challenges. Learn four essential strategies to protect your will's validity, including working with experienced lawyers, obtaining formal capacity assessments, documenting detailed instructions, and executing your will in a professional setting to ensure your wishes are legally defensible.
Canada Family
MT
Miller Thomson LLP
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