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

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 […]

BARE BONES BRIEFS: Smaller firms’ hourly rates outstripping Big Law | 87% settlement rate for mediations | Trump punishes immigration lawyers | Pension risk transfers down 60% | Rule of Law pledges growing slowly

HOURLY RATES NEAR RECORD RISE A Thomson Reuters study reveals that lawyers’ hourly rates in the US have soared by 7.4% in the last year. What’s surprising is that the growth for the profession as a whole considerably outstrips the 5.0-5.5% rise at top-100 US firms. While the number for the firms outside the top-100 […]

BARE BONES BRIEFS: Ottawa lawyer defaces Holocaust memorial | Is a drink at lunch during trial break a no-no for counsel? | AI Knowledge Exchange passes on partners’ insights to associates | Turning Parties’ AI Against Them? | Lawyer swims – but not with the sharks

By Julius Melnitzer | August 5, 2025 OTTAWA LAWYER’S VANDALISM RAISES FEARS IN JEWISH COMMUNITY CBC News reports that Iain Aspenlieder, a 46-year-old lawyer fired by the City of Ottawa after being accused of vandalism, has pleaded guilty to mischief to a war memorial after defacing the Holocaust National Monument in June by painting the […]

AI Hallucinations are Proliferating, and IP is Not Exempt

By Julius Melnitzer | July 28, 2025 It was likely inevitable: artificial intelligence (AI) hallucinations are permeating intellectual property (IP) law. Falsely generated legal research first came to the world’s attention in 2023 when an American lawyer appeared on the front page of the New York Times after he included references to non-existent cases in his court […]

BARE BONES BRIEFS: McCarthy partners’ earnings top $1.4M | Canadian lawyers flunk Rule of Law pledge test | Quebec class counsel seek $900M in fees in tobacco litigation | Dentons partners with AXL in AI venture | Alexi launches Alexi Private Cloud

By Julius Melnitzer | July 10, 2025 MCCARTHY TOPS CANADIAN PROFIT-PER-EQUITY-PARTNER RANKINGS McCarthy Tétrault LLP’s equity partners lead Canadian law firms’ profit pool – and by a stretch. The US$1.42M PPEQ haul in 2023 topped the $986K earned at Blake, Cassels & Graydon LLP by over $400K and more than doubled the Gowling WLG figure […]

The importance of a well-drafted confidentiality clause, and the dangers of AI

By Julius Melnitzer | July 8, 2025 A recent US$3.1-million award by a Florida jury in favour of Pliteq, Inc. (Pliteq, Inc. v. Mostafa, 2025 U.S. Dist. LEXIS 60316), a Canadian international engineering services and manufacturing enterprise, against a high-ranking Dubai-based employee who stole trade secrets demonstrates that — despite cross-border tensions — Donald Trump’s America may […]

The Real Estate Correction’s Domino Effect: Perspectives from an Expert Witness

By Andy MacDonald | July 3, 2025 I was recently hired to write an expert witness report for a case that perfectly illustrates the domino effects of the real estate correction that started in 2022. As you may recall, the Bank of Canada began to raise interest rates in the spring of 2022, signalling the […]

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