Canadian business litigation is evolving rapidly, driven by technological advancements, procedural reforms, and shifting client demands. These changes bring new efficiencies and fresh challenges to business leaders and legal advisors.
Artificial intelligence has become increasingly embedded in Canadian law firms, particularly in litigation and arbitration. AI now handles document review and research, but Tracey Cohen of Fasken Martineau DuMoulin notes that human oversight remains crucial for ensuring privacy and enforceability. Adam Goldenberg at McCarthy Tétrault says that while AI can free lawyers for higher-level work, decision-making must stay in the hands of people. Clients expect the speed and savings AI brings, observes Mike Mestinsek of Stikeman Elliott, but technology can’t replace legal judgment.
AI’s rise is also fuelling a new wave of class actions. Andrew McCoomb of Norton Rose Fulbright Canada points to recent cases over AI-driven price-fixing, which are now appearing in Canadian courts after gaining traction in the US. Nicole Henderson at Blake, Cassels & Graydon highlights lawsuits over AI companies scraping content for training data, with courts soon to decide whether this constitutes fair use. Privacy class actions are also shifting, with more claims now targeting the improper use of data, rather than just breaches.
Technological change is not the only trend disrupting dispute resolution in Canada. Ontario’s proposed civil procedure reforms aim to tackle the culture of delay in commercial litigation. Ian Matthews of Borden Ladner Gervais says long timelines have become routine, while Moya Graham at McCarthy Tétrault warns that procedural changes alone won’t deliver faster justice without a fundamental cultural shift. Both agree that real improvement requires buy-in from the entire legal system.
Amid these shifts, advocacy remains essential. Angela Marinos of the Raoul Wallenberg Centre for Human Rights recently helped shape a Supreme Court decision on historical sexual violence, advancing protections for survivors. Her work shows that strong advocacy and principled arguments drive meaningful legal change.
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The Lexpert Special Edition on Litigation profiles Canada’s top litigators navigating AI, class action trends, and reform. The challenge ahead is to embrace innovation while maintaining legal judgment and integrity.