Practical Law Multi-Jurisdictional Guide 2012-2013: Dispute Resolution, Volume 1: Canada


Originally published in Dispute Resolution 2012/13 multi-jurisdictional guide.

Main Dispute Resolution Methods:

1. What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes?

Canada is a confederation of ten provinces and three territories, each with a separate and independent judicial system. While the province of Québec operates under a Civil Code, the legal system in every other province and territory is based on the British common law tradition. The court rules and the administration of justice, including alternative dispute resolution (ADR) procedures, are under provincial or territorial control. The procedural rules can differ significantly but the judicial process in each jurisdiction ends with a provincial or territorial court of appeal.

The final arbiter of all litigation is the Supreme Court of Canada, a federal institution, which decides appeals from decisions of the provincial and territorial courts of appeal, and from the Federal Court of Appeal. Therefore, the remedies available across Canada are similar.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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