In-House Counsel

  • June 09, 2026

    Ontario farm trespass law survives free speech challenge

    Ontario’s top court has ruled in favour of a provincial law aimed at trespassing on farms, saying it did not violate the Charter’s free expression protections.

  • June 09, 2026

    Court orders new trials in property dispute after finding errors in implied-term analysis

    The British Columbia Court of Appeal has ordered a new trial in a dispute over lot purchase agreements signed in 2016, finding that a trial judge erred in concluding that the contracts remained enforceable until a development condition was satisfied eight years later.

  • June 09, 2026

    When arbitration isn’t final: B.C. Court of Appeal opens door to procedural fairness appeals

    Imagine receiving an arbitral award that strikes you as procedurally flawed: the arbitrator rendered a costs decision without ever soliciting your submissions. Your contract stipulates that arbitration is final. What options, if any, are available to you?

  • June 09, 2026

    Nothing is easy, firing is hard and 14 other keys for startup success

    By virtue of choice or necessity, some of us find ourselves in solo startup mode. Any startup is risky and arduous. In a professional setting, even more so.

  • June 05, 2026

    Yukon court issues AI directive encouraging due diligence, warns of potential errors

    Yukon’s Supreme Court has issued a directive on the use of generative AI “in written and oral representations” in a bid to reinforce the “integrity and credibility of legal proceedings.”

  • June 05, 2026

    Inconsistent consequences: How Canadian courts and tribunals respond to AI misuse

    When a Canadian court or tribunal finds that a party has relied on a case that does not exist, the consequence is far from uniform. In one decision, the lawyer responsible was ordered to pay $17,550 in costs personally. In another, the order was $100. In 60 of the 177 decisions we reviewed, the adjudicator identified the problem but imposed no consequence at all.

  • June 04, 2026

    Legislative, regulatory changes are coming as part of Ottawa’s new national ‘AI for All’ strategy

    The federal government’s new national artificial intelligence (AI) strategy indicates that legislative and regulatory changes are coming to facilitate Canada’s transformation into an AI leader among mid-sized nations, while also protecting the privacy and security of Canadians and businesses, as well as the country’s sovereignty.

  • June 04, 2026

    What law school doesn’t teach: Why in-house counsel are investing in business credentials

    For years, the unspoken expectation in many organizations was that in-house lawyers would advise on legal matters and leave business decisions to others. That expectation has shifted, and recent data now confirms how far.

  • June 03, 2026

    Canada plans to extend ‘key’ steel and aluminum tariff measures to June 2027

    Ottawa says it will extend for a year its steel tariff-rate quotas (TRQ) regime for imports from non-CUSMA partners and the existing horizontal tariff relief for eligible U.S. steel and aluminum products, and additionally, for eligible steel products subject to derivative tariffs.

  • June 03, 2026

    AI use by tribunals and judges: The delegation of adjudicative authority

    The maxim delegatus non potest delegare (“a delegate cannot delegate”) will play an ever more significant role in reviewing administrative law decisions made by AI.

  • June 03, 2026

    Ontario court says Facebook defamation suit isn’t SLAPP

    Ontario’s top court has turned back an attempt by an Ontario man to get a defamation case against him dismissed as a strategic lawsuit against public participation (SLAPP), with a lawyer saying the court’s findings outline an approach that may lead to fewer appeals of anti-SLAPP decisions.

  • June 03, 2026

    New U.S. green card rules: What Canadian companies, professionals and families need to know

    The issuance of USCIS Policy Memorandum PM-602-0199 has generated significant concern among foreign nationals living and working in the United States on temporary visas, particularly Canadian professionals employed in the U.S. The memorandum has also raised questions among Canadian citizens sponsored for permanent residence through marriage or close family relationships with U.S. citizens or lawful permanent residents. Much of the concern centres on whether the memorandum signals a shift away from adjustment of status inside the United States and toward mandatory immigrant visa processing through U.S. consulates abroad.

  • June 03, 2026

    CGCA honours in-house counsel at annual awards

    The Canadian General Counsel Awards (CGCA) recognized leading in-house counsel at its annual ceremony on May 28 in Toronto.

  • June 02, 2026

    Inadvertently disclosed privileged documents: How to respond

    The inadvertent disclosure of a privilege document by one side to another during litigation has been likened by one motion judge to the transmission of an infection: “[T]he more quickly it is contained, the easier it may be to eradicate its harmful effect” (White v. 123627 Canada Inc. (c.o.b. Algonquin Petro Canada), 2014 ONSC 2682).

  • June 02, 2026

    The strength of dissenting judgments: The voice of tomorrow

    The authority of a court is commonly associated with its majority decision. It is the majority judgment that resolves disputes, establishes binding precedent and shapes the law of the day. Yet history repeatedly demonstrates that some of the most influential judicial opinions were not written by those who prevailed, but by those who stood alone. The dissenting judgment occupies a unique place within the common law tradition. It is the conscience of the court, the safeguard against intellectual complacency and often the blueprint for future legal reform.

  • June 01, 2026

    Federal Court rejects JTI bid for additional disclosure in federal tobacco charge challenge

    The Federal Court has dismissed a motion by JTI-Macdonald Corp. to compel the disclosure of additional records in its challenge to the federal tobacco cost-recovery regime, reaffirming that Rule 317 of the Federal Courts Rules is not a discovery mechanism.

  • June 01, 2026

    A practical guide to the Intellectual Property Ontario program

    As Ontario’s innovation ecosystem becomes increasingly competitive and technology-driven, intellectual property (IP) has emerged as a critical business asset rather than merely a legal consideration. While many companies invest heavily in product development, software, branding and research, relatively few take proactive steps to identify, protect and commercialize the intangible assets they create.

  • June 01, 2026

    More businesses are improving privacy standards, OPC survey finds

    According to a recent survey by the Office of the Privacy Commissioner of Canada (OPC), nearly “three-quarters of businesses are highly aware of their privacy responsibilities, and two-thirds are highly prepared to respond to a data breach involving personal information.”

  • June 01, 2026

    Don’t use artificial intelligence in reasons for decision

    The Quebec Superior Court has set aside a decision of a labour arbitrator because the arbitrator’s reasons were written with the assistance of artificial intelligence: Assn des ressources intermédiaires d’hébergement du Québec (ARIHQ) c. Santé Québec - Centre intégré universitaire de santé et de services sociaux du Centre-Sud-de-l’Île-de-Montréal, 2026 QCCS 1360.

  • May 29, 2026

    Court awards $22.5M in class action against Toronto doctor for video surveillance

    The Ontario Superior Court of Justice has awarded $22.5 million in a class action against a Toronto plastic surgeon who had surveillance cameras throughout his clinic but did not inform patients or staff.

  • May 28, 2026

    B.C. Court of Appeal: Class member discovery orders not appealable as of right

    The B.C. Court of Appeal has quashed an appeal by Janssen Inc. and Johnson & Johnson in the province’s opioid health-care cost recovery class action, ruling that orders concerning discovery from class members are not appealable as of right.

  • May 28, 2026

    Federal Court refuses summary judgment in RCMP medical examination class action

    The Federal Court has refused to grant summary judgment in a class action concerning allegations claiming physicians conducting mandatory pre-employment medical examinations for RCMP applicants committed sexual assaults and other misconduct over more than four decades.

  • May 28, 2026

    Modernizing federal procurement: The case for arbitration

    Some progress has been made toward modernizing the Government of Canada’s federal procurement system. Achieving maximum efficiency has taken on heightened urgency as the federal government prepares to expand military procurement to unprecedented levels.

  • May 28, 2026

    Online age controls for children: Can they work?

    Recent events such as the Tumbler Ridge shootings have brought to a head the issue of protecting children and youth online. However, the landscape for online harms protection for young people is at a crossroad. Increasing concerns are militating toward adoption of mandated age-control rules in online harms laws and social media bans. Yet in their current state of development, the methodologies for such controls present significant privacy and other societal risks, not only for young people, but potentially all internet users.

  • May 27, 2026

    Bill C-22 requires further amendments to ‘ensure privacy protections,’ commissioner says

    On May 26, Privacy Commissioner Philippe Dufresne appeared before the House of Commons Standing Committee on Public Safety and National Security to discuss Bill C-22, the Lawful Access Act, 2026. While the commissioner noted that Bill C-22 “improves on its predecessor Bill C-2 in several respects,” he warned that further amendments are needed to “strengthen and ensure privacy protections for Canadians.”

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