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.

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

An employee has broken your trust in a way that can't be fixed. You care about the workplace environment in your practice and feel that you can't continue to work with this employee.

Canada Employment

MT

Miller Thomson LLP

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

This case is significant for defendants facing negligence claims for a product they designed, made, and distributed before July 2010.

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

Handling Of Warning Letters By Disciplinary Councils And In Civil Matters

Canada Litigation

L,

Langlois Lawyers, LLP

Class Action Lawsuit Against Gun Manufacturer Gets Certified (Price v. Smith & Wesson Corp.)

Canada Litigation

GR

Gardiner Roberts LLP

A Canadian Tax Lawyer's Update On Voluntary Disclosure: Créations Guimel Inc. v. Canada (National Revenue), 2025 FC 814 – Reviewing CRA's Duty Of Procedural Fairness In VDP In Applications

RS

Rotfleisch & Samulovitch P.C.

Webinar: AI Regulation: Navigating Innovation And Privacy In A Shifting Regulatory Landscape

Worldwide Technology

IC

In-House Counsel Worldwide

CRA Unveils New Process For Canadian Taxpayers To Authorize Their Tax Representatives To Access Their Online CRA Account Using "Authorize A Representative"

RS

Rotfleisch & Samulovitch P.C.

Powering Innovation: Updates On New And Clean Technology Interconnection Issues In Alberta And Ontario

C

Cassels

Conflit d'intérêts dans l'administration d'une succession : ce que l'affaire Virdi Estate (Re) enseigne aux exécuteurs testamentaires

Canada Litigation

MT

Miller Thomson LLP

Limitation Periods And The "Appropriate Means" Test In Suing Prior Counsel

When it comes to suing prior counsel for professional negligence, caselaw has shown us that timing is crucial. In Ontario, the Limitations Act, 2002 provides a standard two-year limitation period...

Canada Litigation

DS

Devry Smith Frank LLP

Court Of Appeal Summaries (June 23-27, 2025)

In Price v. Smith & Wesson, the Court partially allowed the plaintiffs' appeal of a motion judge's decision to not certify their class action. The Court certified their negligence claim against a gun manufacturer...

Canada Litigation

BM

Blaney McMurtry LLP

Success At Trial – Grandfather Not Liable For Grandson's Actions In Fatal Collision

When a minor causes serious harm, questions about who should be held legally responsible often arise.

Canada Litigation

Wallace Smith 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)

Canada Litigation

GR

Gardiner Roberts LLP

Contracts For Services vs. Contracts For Goods In Ontario

Canada Commercial

Pacific Legal PC

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

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 Cuts Off Speculative Product Liability Claims

In 2024, Ontario's highest court affirmed the principle that a certifiable tort claim requires a plaintiff to provide some basis in fact for a present, materialized injury that is "sufficiently serious."

Canada Litigation

BJ

Bennett Jones LLP

Waiver Wins: Ontario Court Enforces Liability Waiver For Cycling Race

The Ontario Superior Court of Justice reaffirmed the enforceability of liability waivers in recreational sports, citing Arksey v Sky Zone Toronto, a case successfully argued by Lerners LLP in 2021.

Canada Litigation

LL

Lerners LLP

Recent Canadian Product Liability Case Law Highlights

There have been several significant new developments in product liability cases across Canada in the past year.

Canada Consumer

BL

Borden Ladner Gervais LLP

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

Le 21 septembre 2020, Denis Garant, 53 ans, est décédé après avoir perdu le contrôle de son camion-benne qui a fini sa course dans un arbre. Pourtant, il avait déjà signalé à son superviseur...

Canada Employment

BB

BCF Business Law

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

Canada Litigation

BM

Blaney McMurtry LLP

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

Losing a loved one is an unimaginable tragedy, and when that loss is caused by someone else's negligence or wrongful actions, the emotional and financial impact can be overwhelming.

Canada Litigation

PM

PMP Law

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

When medical care goes wrong, the aftermath can feel overwhelming.

Canada Litigation

PM

PMP Law

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

Construction sites are among the most dangerous workplaces in Canada, requiring strict adherence to safety regulations to prevent accidents and fatalities.

Canada Real Estate

PV

Pallett Valo LLP

Claim For Ineffective Assistance Of Counsel Dismissed As A Collateral Attack (Mann v. Royle)

In some cases, the doctrines of collateral attack and abuse of process may be invoked to strike a claim where a plaintiff has failed to pursue remedies...

Canada Litigation

GR

Gardiner Roberts LLP

Workplace Safety And Criminal Negligence

Canada Real Estate

CW

Clark Wilson LLP

Case Commentary: Pyxis v. AGC – Rectification Order Does Not Replace Due Diligence, Poorly Drafted Agreements With Accountants

Canada Litigation

RS

Rotfleisch & Samulovitch P.C.

Six Limitation Periods You Need To Be Aware Of In An Estates Dispute

Canada Litigation

MT

Miller Thomson LLP

Plaintiff Obtains Summary Judgment Against Former Lawyers (Longarini v. Llyod)

Canada Litigation

GR

Gardiner Roberts LLP

Court Of Appeal Summaries (February 10 – 14)

Canada Litigation

BM

Blaney McMurtry LLP

Case Commentary: Yadgar v. The King – When Trusting Your Accountant 100% Is Not An Acceptable Defense In The Tax Court Of Canada

RS

Rotfleisch & Samulovitch P.C.

Slip And Fall: If There Was A Warning Or I Signed A Waiver, Can I Still Sue?

Canada Litigation

Boland Romaine LLP

Understanding Municipal Liability – Thornhill v. York Region

Canada Litigation

Boland Romaine LLP

What Is A Tort Claim?

Canada Real Estate

Boland Romaine LLP

On The Lookout: Nursing Home Negligence And Abuse

Canada Litigation

HS

Howie, Sacks & Henry LLP

Understanding And Proving Negligence In Ontario Car Accident Claims

Canada Litigation

NL

Nelligan Law

Clear And Explicit Contractual Language Required To Impose Arbitration On Third-Party Beneficiaries

Canada Litigation

BJ

Bennett Jones LLP

Pushing Boundaries: Public Nuisance Claims In Class Actions And Mass Tort Litigation

Canada Litigation

TL

Torys LLP

Case Commentary: Fijal V. The King, 2024 TCC 116 – Why Proper Bookkeeping Is The Best Protection For Businesses When They're Reassessed By The CRA

RS

Rotfleisch & Samulovitch P.C.

An Overview Of Liability For Ski Resorts In BC – Revisiting Apps V. Grouse Mountain Resorts Ltd., 2020 BCCA 78

Canada Litigation

WG

Watson Goepel LLP

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Latest Videos

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GP

Gluckstein Lawyers

Causation: A Judicial Perspective With Madam Justice Darla Wilson And 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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