Canada: Professional Negligence

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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.

Class Actions: Top Ontario And Federal Cases In Q3 2025

Q3 2025 brought a range of important legal decisions shaping Ontario and federal class actions. Our summary of key rulings from the quarter includes several appellate decisions...

Canada Litigation

AB

Aird & Berlis LLP

Can Psychiatrists Be Liable To A Patient's Family? Ontario Court Of Appeal Weighs In

A recent decision by the Ontario Court of Appeal has confirmed that psychiatrists treating a patient with known violent tendencies may indeed owe a duty of care to the family members of a patient.

Canada Litigation

RS

Rosen Sunshine LLP

When The Party's Over - Peterson v Anderson, 2025 NSSC 186

On December 1, 2019 SK held a party for varsity athletes from the men's and women's sports teams.

Canada Litigation

CC

CLC (Canadian Litigation Counsel)

Lawyer Spotlight: Tara Sweeney – Advocating For Justice In Complex Medical Malpractice Cases

At Soloway Wright LLP, medical malpractice law demands a rare blend of legal precision, empathy, and resilience. Senior Litigation Partner, Tara Sweeney, brings all three to every file...

Canada Litigation

SW

Soloway Wright

Is It Viable? Is It Common? British Columbia Court Of Appeal Reinforces Requirements For Certification

Canada Litigation

TL

Torys LLP

Confronting Racial Bias In Canadian Healthcare

Canada Healthcare

GP

Gluckstein Lawyers

More Sleep, More Accidents?

Canada Litigation

HS

Howie, Sacks & Henry LLP

Court Says Pleading Systemic Negligence Isn't Enough For Certification – Claim Must Be Manageable

Canada Litigation

GW

Gowling WLG

Evidentiary Standards And Remedial Common Issues At Certification: Syngenta AG v. Van Wijngaarden, 2025 BCCA 334

Canada Litigation

MT

McCarthy Tétrault LLP

Medical Malpractice & Sepsis

Canada Litigation

HS

Howie, Sacks & Henry LLP

Court Of Appeal Summaries (September 22-26, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Beyond Repair: Valuing Residential Property Loss In Litigation

Canada Litigation

ML

McKercher LLP

Court Of Appeal Summaries (September 8 – 12, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Mediation Of Construction Liability Claims In Toronto: A Practical, Cost-Effective Path Forward

Canada Real Estate

WT

Whitelaw Twining

Fall Tax Briefing: Trust Tax Structures, Mutual Fund Trust Eligibility, Director Liability And More

WD

Wildeboer Dellelce LLP

The Ontario Court Of Appeal Upholds Large Costs Award To Plaintiff Where Defendant Made A "Dismissal Without Costs" Offer To Settle

Canada Litigation

ML

McMillan LLP

First-Time Buying A Home In Canada: Essential Tax Incentives And Rebates You Should Know

RS

Rotfleisch & Samulovitch P.C.

A Canadian Tax Lawyer's Updated Guide On Non-Resident Trusts In Canada

RS

Rotfleisch & Samulovitch P.C.

The Cost Of Using AI To Generate (Fake) Case Law

Canada Technology

BM

Bishop & McKenzie

Disbarred Lawyer's Claim Against Bank Dismissed (Murray v. The Toronto-Dominion Bank)

Claims for negligence or breach of contract against a bank generally require that a plaintiff establish a clear unbroken link between the bank's alleged error and any loss or damage suffered by the plaintiff as a result.

Canada Litigation

GR

Gardiner Roberts LLP

Court Of Appeal Summaries (August 25 – August 29)

R.L. v. M.F. involved a dispute over spousal support following the end of an over 14-year marriage in which both the husband and wife were high income earners.

Canada Litigation

BM

Blaney McMurtry LLP

When Fun Turns To Injury: Lawsuits For Amusement Park Injuries In Ontario

Now that the summer is finally here, many of us intend to visit an amusement park or attend a local fair and carnival. Aside from the fun they offer, the reality is that accidents...

Canada Litigation

HS

Howie, Sacks & Henry LLP

Federal Government Ordered To Pay Investors Hundreds Of Millions For Failing To Live Up To Wireless Spectrum Licence Auction Promises

In Quadrangle v. Attorney General of Canada, the Ontario Superior Court held the Federal Government liable for hundreds of millions of dollars in damages to investors in wireless spectrum licences.

Canada Litigation

OH

Osler, Hoskin & Harcourt LLP

Know The Law: Termination With Cause

Canada Employment

MT

Miller Thomson LLP

A Definitive Win For Manufacturers: 15 Year Limitation Period Applies To Product Claims Even If Harm Is Recent

Canada Litigation

ML

McMillan LLP

Court Of Appeal Certifies Negligence Claim Against Gun Manufacturer For Mass Shooting

Canada Litigation

BJ

Bennett Jones LLP

Jan Marin Discusses Fertility Errors On This Matters Podcast

Canada Litigation

GP

Gluckstein Lawyers

The Foreseeability Of Theft: When Lack Of Consent Isn't Sufficient For Motor Vehicle Owners

Canada Transport

BM

Blaney McMurtry LLP

Court Of Appeal Certifies Class Action Against Smith & Wesson: Implications For Future Lawsuits

Canada Litigation

MO

McLeish Orlando LLP

"But For" Test, Credibility And Adverse Inference: Another Coffee Cup Case!

Canada Litigation

PV

Pallett Valo LLP

Commercial Litigation Insights: Restrictions On Liability For Pure Economic Loss Put The Brakes On Class Action Against BMW

Canada Litigation

WL

WeirFoulds LLP

When Is Rent "Rent"? – Ontario Court Of Appeal Narrows Definition Of "Rent" Under The Real Property Limitations Act

Canada Real Estate

PV

Pallett Valo LLP

Defence Medical Examinations In Ontario: Fairness Remains The Guiding Principle

Canada Litigation

PV

Pallett Valo LLP

"But For" Test, Credibility And Adverse Inference: Another Coffee Cup Case!

My family and I were grateful to celebrate Canada Day in Ottawa this year and had wonderful memories.

Canada Litigation

PV

Pallett Valo LLP

Commercial Litigation Insights: Restrictions On Liability For Pure Economic Loss Put The Brakes On Class Action Against BMW

Tort law in Canada narrowly restricts liability in negligence for pure economic loss. This is demonstrated in the recent decision of the Court of Appeal for Ontario in North v. Bayerische Motoren Werke AG, 2025 ONCA 340...

Canada Litigation

WL

WeirFoulds LLP

When Is Rent "Rent"? – Ontario Court Of Appeal Narrows Definition Of "Rent" Under The Real Property Limitations Act

In a recent decision involving a commercial lease dispute, the Ontario Court of Appeal provided clarification on what constitutes "rent" under the Real Property Limitations Act(the "RPLA").

Canada Real Estate

PV

Pallett Valo LLP

Defence Medical Examinations In Ontario: Fairness Remains The Guiding Principle

Defence medical examinations are a key procedural mechanism to ensure fairness by enabling defendants to respond meaningfully to the plaintiff's claims.

Canada Litigation

PV

Pallett Valo LLP

Handling Of Warning Letters By Disciplinary Councils And In Civil Matters

Canada Litigation

L,

Langlois Lawyers, LLP

Ontario Court Of Appeal Doubles Down On Pierringer Agreements: Why Going First Pays Off In Complex Litigation

A recent decision from the Ontario Court of Appeal has reaffirmed the public interest value of Pierringer Agreements.

Canada Litigation

GW

Gowling WLG

Lawyer Did Not Breach Standard Of Care By Following Instructions Of Client's Agent (Shortreed Joint Venture Ltd. v Guvi)

During the course of a retainer, lawyers may communicate with an agent acting on behalf of their client for the purposes of receiving and acting upon instructions. In some cases...

Canada Litigation

GR

Gardiner Roberts LLP

Contracts For Services vs. Contracts For Goods In Ontario

In Ontario's fast-paced and constantly changing business landscape, contracts are the basis of all commercial relationships in law. Whether you're a businessperson ordering stock for resale, a tech firm providing...

Canada Commercial

Pacific Legal PC

The Ultimate Issue Rule: Reports Of Its "Death" Have Been Exaggerated

The Ultimate Issue Rule, the common law principle which prohibited litigants from leading opinion evidence on the ultimate issue before the court, has long since been relaxed.

Canada Litigation

SU

Singleton Urquhart Reynolds Vogel LLP

Negligent Construction: Claims For Latent Defects Causing Danger

Canada Real Estate

SW

Soloway Wright

Moo-Ving Past Negligence: Court Dismisses Negligence Claim Without Evidence Of Breach

Canada Litigation

SB

SBA Lawyers LLP

Court Of Appeal Summaries (May 19 – 23, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Court Of Appeal Cuts Off Speculative Product Liability Claims

Canada Litigation

BJ

Bennett Jones LLP

Waiver Wins: Ontario Court Enforces Liability Waiver For Cycling Race

Canada Litigation

LL

Lerners LLP

Recent Canadian Product Liability Case Law Highlights

Canada Consumer

BL

Borden Ladner Gervais LLP

Négligence SST : 5 ans de prison pour un superviseur ontarien !

Canada Employment

BB

BCF Business Law

Court Of Appeal Summaries (April 28 – May 2, 2025)

Canada Litigation

BM

Blaney McMurtry LLP

Ontario Court Of Appeal Clarifies Interpretation Of A 'Continuous Act Or Omission'

Canada Real Estate

LL

Lerners LLP

Summaries Of R V. Ominayak, 2025 ABKB 69 And R v Pietz, 2025 MBCA 5

Canada Litigation

AH

Alexander Holburn Beaudin + Lang LLP

Who's At Fault? Understanding Negligence In Cyclist And Motor Vehicle Collisions

Canada Litigation

PM

PMP Law

Understanding Medical Malpractice Claims In Ontario: What You Need To Know

Canada Litigation

PM

PMP Law

Understanding Compensation In Wrongful Death Cases: What Families Need To Know

Canada Litigation

PM

PMP Law

Facing Medical Malpractice In Ontario: Why You Don't Have To Go At It Alone

Canada Litigation

PM

PMP Law

The Cost Of Ignoring Workplace Safety: Construction Supervisor Charged With Criminal Negligence Causing Death

Canada Real Estate

PV

Pallett Valo LLP

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Latest Videos

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Causation: A Judicial Perspective With Madam Justice Darla Wilson And Richard Halpern (Video)

GP

Gluckstein Lawyers

Causation: A Case Study With Richard Halpern (Video)

GP

Gluckstein Lawyers

Choosing A Personal Injury Firm – What You Need To Consider (Video)

BA

Bogoroch & Associates LLP

Toronto Commercial Litigation And Employment Lawyer Nicholas Reinkeluers (Video)

DS

Devry Smith Frank LLP

Free On-Demand Birth Injury Webinar Series: For Parents Contemplating Medical Malpractice Suit (Video Content)

HS

Howie, Sacks & Henry LLP

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