In-House Counsel

  • March 20, 2026

    ‘Strict enforcement’ arbitration clauses don’t limit jurisdiction to interpret

    Applications to set aside international arbitral awards frequently reflect a familiar dynamic. As no appeal on the merits is available, applicants often recast complaints about the tribunal’s conclusions as jurisdictional error or procedural unfairness. Respondents, in turn, characterize such efforts as impermissible appeals in disguise. Courts are therefore tasked with maintaining a careful balance: exercising a limited supervisory role while preserving arbitration’s defining features of finality, efficiency and expert adjudication.

  • March 19, 2026

    New Brunswick introduces pay transparency law and expands illness leave benefits

    New Brunswick has introduced legislation that is set to increase pay transparency and require employers to provide up to 27 weeks of job-protected unpaid leave for workers recovering from illness or injury.

  • March 19, 2026

    Consumer protection requirements for direct selling contracts

    Consumer protection laws are in place across Canada’s provinces and territories to protect consumers purchasing goods or services elsewhere than at a traditional retail store. Among other things, these laws set out certain informational disclosure requirements in sales contracts/order forms of direct selling companies (DS contracts).

  • March 18, 2026

    World Anti-Doping Agency agrees to limit athlete data use after federal privacy probe

    The World Anti-Doping Agency (WADA) has agreed to take steps to ensure that sensitive personal information collected from athletes that is under its control is not used for purposes beyond anti-doping, as part of a compliance agreement with the federal privacy commissioner.

  • March 18, 2026

    Manitoba moves to ban personal data-driven price increases for consumers

    The government of Manitoba is set to amend the Business Practices Act to ban retailers from using consumers’ personal data to charge higher prices, according to a March 17 release.

  • March 17, 2026

    Court removes counsel over dual role in subrogated and coverage claims

    The Alberta Court of King’s Bench has removed a lawyer as counsel in subrogated actions brought in the name of an insured, finding that despite the absence of a solicitor-client relationship, his concurrent representation of the insurer against the insured created a substantial risk of impaired representation.

  • March 17, 2026

    SCC heard more cases in 2025 but still fewer than pre-pandemic; number expected to rise in 2026

    The Supreme Court of Canada heard more appeals last year than in 2024 and delivered its reserved judgments more quickly, but its hearings and output in 2025 were not yet up to pre-pandemic levels, according to the top court, which states it “expects to hear even more cases in 2026.”

  • March 17, 2026

    N.W.T. releases feedback on changes to union rules for public sector workers

    The Northwest Territories has released feedback on possible legislative changes around how unionized public servants are represented.

  • March 17, 2026

    Fictitious case law a systemic problem in Canadian courts: 111 and counting

    In October 2025, a Federal Court associate judge ordered a lawyer to pay costs personally after the lawyer submitted two AI-generated cases that did not exist. The decision drew attention for good reason. But it also raised a harder question: how often is this happening across the country?

  • March 17, 2026

    Immigration petitions: Premium processing vs. ‘regular’ adjudication

    These days, to get a timely adjudication on any U.S. Citizenship and Immigration Services (USCIS) petition, filers need to be looking at the possibility of paying the extra US$2,965 to the U.S. government for expedited adjudication, under the agency’s “Premium Processing” option. This is because “regular” adjudication typically takes months — and in some cases, years — for most case types. This means your entire immigrant or nonimmigrant process, and accordant status, can be held up by lengthy adjudication times, limiting work options and/or the ability to travel in the meantime.

  • March 16, 2026

    FCA orders RCMP review body to decide delayed appeals within 6 months

    The Federal Court of Appeal has ordered the RCMP External Review Committee (ERC) to issue findings in long-delayed disciplinary appeals within six months, ruling that the Federal Court erred in denying mandamus relief after concluding the delay was not unreasonable.

  • March 16, 2026

    Ontario privacy, access to information proposals spark concerns about transparency, oversight

    Ontario’s recently announced overhaul of its access to information and privacy framework has sparked backlash, with observers saying the proposed changes threaten transparency and oversight in the province.

  • March 16, 2026

    Court of Appeal for Ontario confirms stay where enforcement sought against non-party to arbitration

    In Sociedad Concesionaria Metropolitana de Salud S.A. v. Webuild S.p.A., 2026 ONCA 28, the Court of Appeal confirmed that enforcement proceedings in Ontario should be stayed based on forum non conveniens.

  • March 16, 2026

    Supreme Court of Canada’s surreal reasoning in Case and Loyer

    When a person tells you, “I had a dream last night,” most people understand exactly what that means. The speaker is about to recount the swirl of mental imagery, sounds and emotions experienced during sleep. The story of missing a train, falling from the sky or walking into a classroom naked is not understood as a report of reality but as an account of imagination. Dreams are, almost by definition, the mind untethered from the ordinary constraints of perception and memory. The Spanish surrealist painter Salvador Dalí described dreams as “hand-painted dream photographs.”

  • March 16, 2026

    Employers ignore mental health issues at their peril

    Employers who think they are being clever by rushing to dismiss an employee, or quickly accepting a resignation before the employee explicitly raises mental health accommodation, often create liability for themselves.

  • March 16, 2026

    How I learned to stop worrying and love the bot

    Over the past several decades, law became intertwined with numerous technologies that we simply incorporated into our workflow. We anticipate more creative destruction with generative AI, but with AI, we look into the mirror and sense the mirror looks back. Something more seems to exist than just the simple context window interface, and we tend to anthropomorphize. If all Roomba owners put googly eyes on their machine, most would believe the little guy was truly alive.

  • March 13, 2026

    Feds reboot new police powers, obligations to give police & CSIS ‘lawful access’ to digital data

    Following public outcry and stiff political opposition to its sweeping “strong borders” omnibus bill (Bill C-2), the minority Liberal government has migrated the expanded “lawful access” powers and new obligations for electronic service providers to assist police and CSIS investigators from C-2 into standalone legislation (Bill C-22).

  • March 13, 2026

    Cross-border clarity: How U.S. franchise reform could affect Canadian brands

    The American Franchise Act (AFA), a bipartisan bill currently moving through U.S. Congress, could help bring clarity to franchising as a business model, with implications for Canadian operators.

  • March 12, 2026

    B.C. ban on arbitration clauses in consumer contracts is retrospective, not retroactive: court

    The B.C. Court of Appeal has ruled that amendments to the province’s Business Practices and Consumer Protection Act (BPCPA) banning arbitration clauses in consumer contracts do not apply retroactively, upholding a stay of proceedings against Rogers Communications Canada Inc. in favour of arbitration.

  • March 12, 2026

    Health Canada adds five fentanyl precursors to list of permanent controlled substances

    Health Canada’s addition next month of five chemicals to the list of permanent controlled substances that are precursors to the manufacture of fentanyl prompted a question to Public Safety Minister Gary Anandasangaree, asking why Canada, unlike the U.K. and the U.S., does not also list under the Controlled Drugs and Substances Act (CDSA) the animal tranquillizers that frequently contaminate fentanyl.

  • March 12, 2026

    Sound of silence sinks deal: Settlement agreements need sharper drafting

    The Ontario Superior Court’s decision in Cross v. Cooling Tower Maintenance Inc., 2025 ONSC 7203 is a useful reminder that settlement agreements must be drafted with care, especially where salary continuance, mitigation obligations and repayment provisions are involved. If counsel intend a breach to trigger serious consequences, those consequences must be set out clearly. Courts will enforce the agreement the parties made, not the one that one side later wishes it had drafted.

  • March 11, 2026

    Ontario court certifies class action against Johnson & Johnson over baby powder cancer risk

    The Ontario Superior Court has certified a nationwide class action concerning allegations that Johnson & Johnson’s talc-based baby powder increased the risk of ovarian cancer and was marketed without adequate warnings.

  • March 11, 2026

    Ottawa extends temporary work-sharing EI measures to help employers avert mass layoffs from tariffs

    The federal government is extending temporary special measures under the employment insurance work-sharing program until March 31, 2027, from March 6, 2026, to help employers facing unexpected slowdowns avoid layoffs and maintain stability for their workers.

  • March 11, 2026

    Good faith in contracts clarified by B.C. Court of Appeal

    In Pandher v. Dhanesar, 2026 BCCA 63, the British Columbia Court of Appeal allowed an appeal, finding that the trial judge incorrectly applied the legal principles governing contractual interpretation and the duty of good faith in assessing the exercise of contractual discretion.

  • March 11, 2026

    Silence isn’t golden: Employers must clearly communicate contractual changes

    In Comeau v. Valcom Consulting Ltd., 2025 NBKB 253, the Court of King’s Bench of New Brunswick held that an employer’s attempt to unilaterally introduce new, more restrictive terms of employment in relation to a long-term employee who had worked under a series of fixed-term employment agreements constituted a constructive dismissal.

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