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Litigation Trends to Watch in 2026

Insights on the latest litigation trends to help you navigate the dispute resolution landscape in the year ahead.

This collection of insights by Blakes lawyers focuses on litigation developments from the past year that may be significant to your organization. These trends will likely continue to impact the litigation landscape for the foreseeable future. 

Protect your business — stay informed, be proactive and understand the risks. 

Featured Litigation Insights

Ontario Court of Appeal Reaffirms Importance of Objective, Contextual Contractual Interpretation
Bulletins

Key takeaways from Project Freeway Inc. v. ABC Technologies Inc., reaffirming the importance of objective, contextual...

Public Safety Canada Releases Updated Guidance on Modern Slavery Supply Chains Reporting
Bulletins

Guidance aims to clarify the 2026 reporting process for entities under Canada’s modern slavery supply chains legislation.

Key Developments in Canadian Securities Litigation
Seminar Videos - CPD/CLE

Securities litigation law and procedure continue to evolve. This seminar will cover recent developments in shareholder...

Spoliation of Evidence: Supreme Court of Canada Set to Provide Guidance
Bulletins

An upcoming Supreme Court of Canada ruling is expected to provide national guidance on spoliation of evidence.

Supreme Court of Canada Confirms Framework for Assessing a “Material Change”
Bulletins

Supreme Court of Canada decision provides guidance on the meaning of “material change."

Implementation Framework for the Right to a Healthy Environment Under CEPA
Bulletins

A final framework has been released for implementing CEPA’s Right to a Healthy Environment.

Lessons From the U.K.: Potential Reforms to Canadian Banks’ Fraud Prevention Responsibilities
Bulletins

Discover how U.K. fraud prevention reforms could shape future Canadian banking regulations.

Supreme Court of Canada Declines Leave to Appeal in Two Arbitration Cases
Bulletins

A look at two high-profile arbitration cases where the Supreme Court of Canada declined leave to appeal.

Canada’s AML Overhaul: How to Stay Compliant and Respond to FINTRAC
Five Under 5

Explore key considerations for ensuring anti-money laundering compliance and preparing for FINTRAC examinations.

Data Liability in Technology Contracts: Insights from Recent Trends
Five Under 5

Discover key findings from the Canadian Data Liability Study, exploring how liability for data breaches is allocated in...

Canada Expands Private Litigation Regime Under Competition Act: Expanded Scope and New Monetary Compensation
Bulletins

Learn more about the Competition Act’s expanded private litigation regime, taking effect on June 20, 2025.

The Dispute Resolution Clause in Public Infrastructure Contracting — A Litigator’s View
Bulletins

This bulletin explores key considerations for drafting dispute resolution clauses in public infrastructure contracts to...

CIArb Issues Its First Guidelines for the Use of AI in Arbitration
Bulletins

The Chartered Institute of Arbitrators has issued new guidelines on using AI in arbitration, balancing efficiency with...

Mapping the Intersection of AI and Canadian Law
Five Under 5

Explore how artificial intelligence is transforming Canadian business law. This article examines five key legal...

Maple-Washing: Regulatory and Civil Liability Risks of Calling a Product Canadian
Bulletins

“Product of Canada” or “Made in Canada” claims could face legal risks if they are alleged to be false or misleading.

Learn more about our Litigation & Dispute Resolution group