Appealing Briefs

Hosted by McCarthy Tétrault

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Latest episode

Apr 2026

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EN-CA

About the show

Hosted by partner Adam Goldenberg, Appealing Briefs provides brief updates on recent cases from Canada’s courts of appeal. Learn the key takeaways and discover how the decisions will affect businesses and industry in these short interviews with Canada’s leading lawyers and business advisors. McCarthy Tétrault LLP is providing this podcast as a public service, and while it may contain legal information, it is neither legal advice nor a legal opinion, recommendation or statement of policy of McCarthy Tétrault LLP.

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27 recent

April 27, 2026Episode 2710 min

27. Emond – Interpreting Insurance Contracts

When does a “guaranteed rebuilding cost” endorsement actually cover the added costs of rebuilding after a loss? In Emond v. Trillium Mutual Insurance Co., the Supreme Court of Canada considered how standard form insurance policies should be interpreted when coverage extensions appear to conflict with policy exclusions. Adam Goldenberg speaks with McCarthy Tétrault litigator Akiva Stern about the Court’s decision, how it applies the framework from Ledcor, and what it means for insurers and policyholders across Canada.

March 9, 202611 min

26. Lundin Mining: What is a ‘material change’?

When must a public company immediately disclose developments in its business, operations, or capital? In Lundin Mining Corp. v. Markowich, the Supreme Court of Canada clarified what constitutes a “material change” under Ontario’s Securities Act and when issuers are required to disclose such changes to the market.Adam Goldenberg speaks with McCarthy Tétrault partner and co‑head of securities litigation Owais Ahmed, alongside senior litigation associate Valérie Lord, about the Court’s decision, its guidance on the distinction between “material facts” and “material changes”, and what the ruling means for disclosure obligations under Canadian securities law.

January 12, 2026Episode 2510 min

25. Sinclair: Jurisdiction over foreign defendants in Canadian courts

When may a foreign defendant be called to answer a lawsuit in a Canadian courtroom? In Sinclair v. Venezia Turismo, the Supreme Court of Canada explored the limits of Canadian courts’ jurisdiction, in a case that arose out of a water taxi accident in Italy. Adam Goldenberg speaks with McCarthy Tétrault senior litigation associate Rachel Chan about the Court’s judgment and its implications for non-Canadian individuals and businesses facing litigation in Canada.

December 17, 2025Episode 2410 min

24. Kosicki: Adverse Possession, Statutory Interpretation, and the Common Law

Is municipal parkland immune from adverse possession? In Kosicki v. Toronto (City), the Supreme Court of Canada ruled that, under Ontario law, it is not — and that a couple who had used a strip of city-owned parkland as part of their backyard had become its rightful owners. Adam Goldenberg speaks with McCarthy Tétrault lawyers Jonathan Nehmetallah and Gregory Ringkamp about the implications of this decision for landowners and municipalities, and about the relationship between civil legislation and the common law.

September 24, 2025Episode 2310 min

23. Tataryn and Barbiero: Dismissing class actions for delay

When should – or must – a class action be dismissed for delay? In Tataryn v. Diamond & Diamond Lawyers LLP and Barbiero v. Pollack, the Court of Appeal for Ontario applied new legislation and jurisprudence to take a stricter approach. Adam Goldenberg speaks with McCarthy Tétrault partner Marina Sampson about the implications for civil litigation and for businesses that may face proposed class proceedings.

May 27, 2025Episode 229 min

22. Chemtrade: How should courts use evidence about contract negotiation to interpret the words of a contract?

In Chemtrade v. Superior Plus, Alberta’s Court of Appeal considered the extent to which courts can use evidence of a contract’s surrounding circumstances and parties’ “common understanding” to interpret the written terms of a contract. Adam Goldenberg speaks with McCarthy Tétrault partner Laura Gill and associate Emily Ward about the implications for businesses negotiating commercial agreements.

May 12, 2025Episode 2110 min

21. Benchwood: Can businesses sue for negative online reviews?

When is litigation available to fight back against false and damaging online reviews? Adam speaks with McCarthy Tétrault partner Dorothy Charach and associate Lauren Weaver about the Court of Appeal for Ontario’s decision in Benchwood Builders, the use of anti-SLAPP legislation, and the implications for defamation law more generally.

April 28, 2025Episode 2012 min

20. When can dishonesty breach a contract? Ocean Pacific and Heritage Property

Could dishonesty during contractual negotiations or after a contract’s termination constitute a breach of the duty of honest performance? Adam speaks with McCarthy Tétrault partner Brandon Kain, author of Good Faith in Canadian Contract Law, about two recent appellate decisions that consider the duty’s temporal and legal limits.

April 7, 2025Episode 1911 min

19. Working Families and the right to vote

By a narrow majority, the Supreme Court of Canada has struck down Ontario's limits on electoral advertising spending by business associations, labour unions, and other "third parties". On this episode, Adam speaks with McCarthy Tétrault litigator Connor Bildfell about the implications of the Working Families decision for Canadian businesses and the constitutionally protected right to vote.

March 24, 2025Episode 1810 min

18. Achter Land (the “emoji case”)

Can a thumbs-up emoji create a binding contract? According to the Court of Appeal for Saskatchewan, it can, but context matters. On this episode of Appealing Briefs, Adam speaks with McCarthy Tétrault litigator Jocelyn Turnbull-Wallace about Achter Land and Cattle v. South West Terminal Ltd. and the factors that businesses and individuals should bear in mind when using informal methods of communication to discuss business transactions.