Business
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October 24, 2025
Court upholds class action over CBSA’s placement of immigration detainees in prisons
The Ontario Court of Appeal has upheld a class action certification of a case alleging that the Canada Border Services Agency (CBSA) unlawfully placed thousands of immigration detainees in provincial prisons instead of immigration holding centres (IHCs), despite them not being tried for any criminal offence.
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October 24, 2025
BINDING ARBITRATION - Voluntary binding arbitration - Deference to expertise of arbitrators
Appeal by appellant from appeal judge’s commercial arbitration award decision. This appeal raised the issue of whether the standard of review for appeals of commercial arbitration awards remained as set out in Sattva Capital Corp v. Creston Moly Corp. and Teal Cedar Products Ltd. v. British Columbia or was governed by Canada (Minister of Citizenship and Immigration) v. Vavilov.
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October 23, 2025
Court affirms narrow interpretation of leave requirement in certification orders
The Ontario Court of Appeal has ruled that leave provisions in two mutual-fund class action certification orders did not bar new investor class actions, finding the requirement to seek court permission applied only to existing class members, not unrelated plaintiffs.
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October 23, 2025
Canada, Ontario invest $3B into clean energy facility
Prime Minister Mark Carney has announced that the federal government is investing $2 billion into the construction and operation of four small modular reactors (SMRs) at the Darlington New Nuclear Project (DNNP) in Bowmanville, Ont., while Ontario is investing $1 billion into the project.
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October 23, 2025
The case for in-person appearances
I am no fan of in-person discoveries or mediation, purely from a selfish perspective of my time. Virtual discovery and mediation allow us to be more efficient with our time and our clients’ money. While I am not advocating for a return to all discoveries and mediations being in person, there is no doubt that something is missing.
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October 23, 2025
Cross-border financing: Critical considerations when converting security agreements
Canadian lenders engaged in cross-border financing frequently require their borrower’s U.S. affiliates to grant security interests in their assets. The standard practice involves using U.S.-law-governed security agreements for these U.S. entities. However, sometimes Canadian lenders or their Canadian counsel will request that a Canadian General Security Agreement be “converted” to a U.S. security agreement.
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October 23, 2025
Federal Court of Appeal overturns patent ruling over claim differentiation error
The Federal Court of Appeal has partly overturned a ruling on a fracking tool patent, finding the trial judge misapplied the principle of claim differentiation by concluding that the limitations of a dependent claim must be excluded from its corresponding independent claim.
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October 23, 2025
Crunch: Making the legal case for snack foods
Potato chips and related crunchy snack foods have long held a cherished place on Canadian tables, symbolizing both comfort and indulgence. Behind the satisfying crunch of every bite lies an intricate tapestry of regulations and legal considerations. These legal factors, which influence every stage of a product’s life, from initial development to final consumption, ensure that consumers receive safe, accurately labelled and well-marketed products.
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October 22, 2025
CFIB challenges ‘myths’ around Temporary Foreign Worker Program, makes recommendations
A new report released by the Canadian Federation of Independent Business (CFIB) discusses what it calls “five of the most persistent myths” about the Temporary Foreign Worker Program (TFWP), “separating evidence and program rules from perception and political rhetoric.” In a press release, issued Oct. 22, the CFIB made six recommendations to policymakers.
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October 22, 2025
Court sets aside expungement of video game trademark due to notice issue
The Federal Court has set aside a decision of the registrar in a case where a video game company claimed it did not receive notice of a challenge to its trademark resulting in it being expunged.