Litigation, ADR & Class Actions

All aspects of class action law and practice, as well as jurisprudence and legislation related to dispute resolution, whether it be litigation, arbitration, or mediation in both the domestic and international context, as well as issues surrounding access to justice and the awarding of costs

Lawyering lessons at Santa’s knee

By Marcel Strigberger ·  December 27, 2025 Until a recent experience at my local Tim Hortons, I did not know that there were striking similarities between judges and Santa Clauses. I was sipping my medium double-double when I overhead a group of young children at an adjacent table. They sounded a lot like lawyers sizing up judges at […]

How to take the (second) guesswork out of lawyering

By Marcel Strigberger | December 4, 2025 Hey, Your Honour, I can see what’s under your wig. Actually, this talent is not that farfetched. AI is getting us there. I’ve recently heard about apps that transform curated collections of judicial orders, thereby giving lawyers an idea of how judges rule in different scenarios. Are the […]

BARE BONES BRIEFS: Rapper Drake accused of promoting illegal gambling | AI replacing arbitrators | Trump: lawyers’ public service work “illegal” | Government convicted of ignoring itself | Cozen beefs up estates practice

By Julius Melnitzer | November 23, 2025 DRAKE SUED FOR “GLAMORIZING” GAMBLING Justin Killham, a Missouri resident, has initiated a class action against Drake and others for promoting Stake, an online casino. The claim alleges that the Curaçao-based platform violates gambling laws by using a “dual currency” system designed to evade gambling regulations, and that […]

BARE BONES BRIEFS: Reports that prove lawyers’ well-being is a joke | So is Canadian lawyers’ concern for rule of law | AI hallucinations up 250% in court decisions | Jeffrey Bradshaw co-heads DLA Piper’s Canadian restructuring group | Lawyer is Miss Great Britain

By Julius Melnitzer | October 30, 2025 MORE EVIDENCE THAT LAWYERS’ WELL-BEING IS AN ILLUSION Three news reports have surfaced indicating that lawyers’ well-being may be more talk than walk: Related Article: For all the brouhaha, law firms – and especially Canadian firms – are still “missing the boat” on wellness – and profit DO […]

IP Disputes: To Arbitrate or Not?

“Arbitration in multi-jurisdictional IP disputes helps avoid inconsistent outcomes and duplication of work, and promotes streamlining of resources, all under the watchful eye of a neutral expert in the field as opposed to a national court that could be seen by one side as partial.” — Fortunat Nadima The expanding commercialisation of intellectual property (IP) rights—through […]

The Road Less Travelled

Yesterday, I took a walk in the woods on a road abandoned long ago. It reminded me of the journey we take in life. Sometimes the road is clear, and other times we must look a little harder for the right road. Its outline may be there, but we might have to climb over a […]

The world of uncivil litigation

By Marcel Strigberger | October 9, 2025 Can hotheads keep lawyers busy? A 50ish gentleman visited a restaurant with his son in Seville, Spain. They ordered two sandwiches. Dad asked for mayo. Waiter said they were out. This did not sit well with Dad. He left, returned with a bottle of gasoline, and set the bar […]

Litigation Funding: A New Era in IP Disputes?

By Julius Melnitzer | September 29, 2025 “Oftentimes, smaller businesses would like to take on bigger companies, and litigation funding has become a very active topic for them.” – Jean-Sebastien Dupont While the litigation funding phenomenon may not yet have had the same impact in the intellectual property (IP) sector as it has in other practice […]

BARE BONES BRIEFS: Insurers hit hard: OCA upholds $300K costs award for $16K judgment | Law Firm Marketers: Forget SEO – “Authority” is what matters in the AI era

By Julius Melnitzer | August 31, 2025 INSURER PUNISHED FOR “HARDBALL” APPROACH The Ontario Court of Appeal has awarded $300,000 in partial indemnity costs to a claimant who recovered only $16,000 by way of a jury award in a motor vehicle accident proceeding in which she had sought over $1 million. In doing so, the […]

BARE BONES BRIEFS: Ontario Superior Court approves $900M counsel fee | Equity partners’ income soars 42% | Four-day work week making inroads for lawyers | Airlines can’t hide behind “safety” excuse in denying passengers compensation for delay or cancellation

By Julius Melnitzer | August 26, 2025 $900M COUNSEL FEE APPROVED IN TOBACCO LITIGATION Ontario Superior Court Chief Justice Geoffrey Morawetz, who is presiding over the CCAA proceedings brought by victims of tobacco-related diseases against the tobacco companies, has approved (2025 ONSC 4497) a request by plaintiffs’ lawyers in the two Quebec class actions for […]

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