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2014 Litigation Report: Managing Risk

January 2014

2014 Litigation Report - Managing Risk

The impact of the highly litigious environment which is gaining momentum in Canada is the explosive growth in risk facing organizations in every aspect of their business and in every sector of the economy. Aggressive regulatory oversight, the willingness of many courts to expand their jurisdictions, extended supply chains and a litigious consumer base have all increased corporate exposure to lawsuits in Canada and around the world.

While it is true that class actions and other suits are on the rise in Canada and the United States, it is also true that a more sophisticated approach to risk management and litigation defence is taking hold in corporate Canada.

In the following pages we share our observations of the current trends and the areas of greatest concern for in-house lawyers, along with examples of risk management best practices to help prevent issues and to manage litigation if it arises. Using examples from key industries and sectors, our experienced litigators illustrate and examine current and expected developments in corporate risk management and complex commercial litigation.

While we have taken a sectoral approach – discussing current issues in high-risk industries such as food and beverages and financial services, the lessons learned and our recommended best practices are globally applicable. We are pleased to share our observations and analysis of the most important litigation trends and to offer our perspective on recommended approaches to proactive risk management. Should you wish to discuss any of the topics addressed in this publication, please do not hesitate to contact any of our litigators.

We hope you enjoy Osler’s 2014 Litigation Report: Managing Risk. 


Deborah Glendinning
Chair, National Litigation Department