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.

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

Legal fees can fluctuate significantly from month to month depending on the stage and complexity of your matter. Understanding why your bill may be higher or lower in a particular month can help you plan ahead, manage your retainer, and avoid unexpected financial surprises.

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 Divisional Court's decision in Land Design Inc. v. Ontario Infrastructure and Lands Corp. establishes critical boundaries for judicial review of procurement decisions and clarifies bidder obligations under no-contact rules. When does a procurement decision become sufficiently public to warrant court intervention, and what responsibility do bidders bear when their employees engage with prohibited government officials during an active RFP process?

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...