The Top 10 Differences Between Litigating in the U.S. and Canada


An American organization that finds itself involved in litigation in Canada, or an American attorney advising such an organization, will find most aspects of the Canadian civil justice system to be familiar. The legal systems of the two countries are comparable in many respects, they share common historical antecedents, and their core values are the same. However, there are some significant differences that American litigants and attorneys should bear in mind when navigating their way through a Canadian civil proceeding. The French civil law tradition of the province of Quebec is one striking example, but even among the common law provinces of Canada there can be some surprises. The following are ten of the most striking differences that Americans will encounter when litigating north of the 49th parallel.

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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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