Canada: Trials & Appeals & Compensation

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.
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
Directing Minds, Unclean Hands: Acting Within The Scope Of Business Is No Shield Against Piercing The Corporate Veil
The Ontario Court of Appeal has clarified a critical aspect of corporate law: directors and shareholders who expressly direct a corporation to commit wrongful acts can be held personally liable, even when acting within their official capacity. This landmark decision examines when courts will pierce the corporate veil to reach the individuals behind corporate misconduct, and what evidence is required to overcome the fundamental principle of corporate separateness.
Canada Commercial
ML
McMillan LLP
Article
Update: Supreme Court Of Canada Denies Leave To Appeal In Wolastoqey Nation – Aboriginal Title Over Private Lands
In our previous bulletin, we discussed two recent court decisions that reached different conclusions on whether Aboriginal title can be declared over privately owned lands. In J.D. Irving, Limited et al. v. Wolastoqey Nation (Wolastoqey Nation), the New Brunswick Court of Appeal held that it was plain and obvious that a declaration of Aboriginal title was not available over privately held fee simple lands.
Canada Government
BC
Blake, Cassels & Graydon LLP
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