
PERSPECTIVE
Trends to watch in 2021 –
Disputes: accelerated transformation
COVID-19 combined with a growing acceptance of international practices will continue to shape the Canadian legal landscape, including:
Virtual disputes
Calls to modernize court rules to facilitate fair, just and speedy resolutions predate the pandemic, and subsequent lockdown measures catalysed widespread technological innovation in dispute resolution.
Going forward, filing practices will continue to shift to online platforms; electronic collection and presentation of evidence will gain more traction; and telephone and video conferencing will shift from a pandemic-related necessity to an established practice in litigation, mediation and arbitration.
Class actions
COVID-19 has triggered class action lawsuits in numerous sectors, a trend that we expect will continue for the duration of the pandemic and beyond. Key sectors and actions include:
- tort claims of negligence
- consumer protection claims
- supply chain-related breach of contract claims
- claims against insurance companies for declining coverage
- health- and safety-related employment claims
- privacy and data security claims
- challenges against government entities for allegedly "causing harm" or "increasing the risk of harm"
Litigation funding
Third-party funding (TPF) is commonplace in the U.S., U.K. and Australia, and we expect to see increased implementation in Canada. Canadian law previously imposed strict limits on opportunities to fund litigation, but has now evolved to provide greater scope, flexibility and sophistication in TPF arrangements.
Key Contacts
-
David Di Paolo
National Group Head, Disputes
- Location
- Toronto
- [email protected]
- Phone
- 416.367.6108
David Di Paolo
National Group Head, Disputes
Services
- Commercial Litigation
- Investigations & White Collar Defence
- Securities Disputes
- Banking Litigation
- Class Actions
- [See more on full bio]
-
Cynthia (Cindy) Clarke
Regional Managing Partner, Toronto
- Location
- Toronto
- [email protected]
- Phone
- 416.367.6203
Cynthia (Cindy) Clarke
Regional Managing Partner, Toronto
Services
- Health Care Disputes
- Class Actions
- Health Care
- Health Care Providers
- Health Regulatory
- [See more on full bio]
-
Graham Walker
National Group Head, Specialized Disputes
- Location
- Vancouver
- [email protected]
- Phone
- 604.640.4045
Graham Walker
National Group Head, Specialized Disputes
Services
- Shipping
- Environmental Disputes
- Railway
- Commercial Litigation
- Products Law
- [See more on full bio]
-
Rebecca Bush
National Business Leader, Insurance & Tort Liability Group
- Location
- Toronto
- [email protected]
- Phone
- 416.367.6162
Rebecca Bush
National Business Leader, Insurance & Tort Liability Group
Services
- Disputes
- Defamation & Media Law
- Employment Disputes
- Insurance Claim Defence
- Municipal Liability
- [See more on full bio]
-
Anne Merminod
Partner
Services
- Class Actions
- Products Law
- Appellate Advocacy
- Privacy & Security Breaches
- Insurance Claim Defence
-
Craig Chiasson
Partner
Services
- International Arbitration
- Commercial Arbitration
- Investor - State Dispute Settlement
- Energy Disputes
- Contract Disputes
- [See more on full bio]