Norton Rose Fulbright’s 2023 Annual Litigation Trends Survey finds that Canadian respondents reported a greater focus on litigation prevention in 2023 compared to their US counterparts. The survey focused on three key areas: bolstering and tightening contracts; training employees on litigation risks and prevention; and embedding lawyers into business operations.
Fifty-five percent of Canadian respondents indicated that lawsuits and arbitrations are expected to increase in 2023. Market volatility, in particular, was cited by 38% of Canadian respondents as a factor likely contributing to increased litigation and arbitral proceedings in the year ahead. Causes for concern include an impending recession, rising interest rates, and heightened inflation – all variables that could influence litigation across several areas, most notably employment and labour, commercial disputes related to market disruption, and insolvency proceedings.
Key litigation trends
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