The Complete Brief
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February 03, 2026
Labour board’s view that worker’s comments weren’t ‘sexual harassment’ was unreasonable: FCA
The Federal Court of Appeal has ruled that a longtime WestJet employee’s persistent unwelcome comments, which had sexual undertones, were “sexual harassment” that could possibly justify his termination, notwithstanding that the labour board below made findings that none of his intrusive comments to his female coworkers were “sexual in nature or intent” and that no one interpreted his comments in a sexual manner.
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February 03, 2026
Quebec SMEs call for grandfathering clause for Temporary Foreign Worker Program
Quebec small and medium-sized enterprises (SMEs) are calling on the federal government for a grandfather clause and transitional measures to combat challenges they are facing due to current restrictions on the Temporary Foreign Worker Program (TFWP) and “poorly aligned reforms” between Ottawa and Quebec.
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February 03, 2026
Appeal Court upholds ministerial decision to refuse aquaculture licences in B.C.
The Federal Court of Appeal has upheld as reasonable a 2023 decision by the Minister of Fisheries, Oceans and the Canadian Coast Guard to refuse to re-issue aquaculture licences to salmon farms in B.C.’s Discovery Islands, despite deviating from the department’s recommendation.
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February 03, 2026
Gift or loan? Courts weigh in on nature of financial support given by parents to adult children
When parents provide financial support to their adult children, is it a loan or a gift? While the question might seem straightforward, the assessment can be much more nuanced where clear documentation is lacking.
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February 03, 2026
Prateek Gupta joins BD&P’s partnership
Burnet, Duckworth & Palmer LLP (BD&P) has welcomed corporate and securities lawyer Prateek Gupta to its partnership, according to an announcement.
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February 03, 2026
Estée Lauder Cosmetics fined for violating Environmental Protection Act
Estée Lauder Cosmetics Ltd. has been fined $750,000 after pleading guilty to two counts of violating the Canadian Environmental Protection Act, 1999. The company’s violation of the Act was discovered by Environment and Climate Change Canada enforcement officers during a routine inspection.
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February 03, 2026
The secret power of everyday generosity: The glue that makes client relationships happen
Professional wisdom on advancing your practice often starts with sharing your expertise and experience for the purpose of making sure you are known. But what would happen if you stepped away from sharing knowledge for the sole purpose of building your book of business and instead focused on how you might grow your practice — and client relationships — by simply supporting others? What might happen if you infuse your days by practising radical generosity?
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February 03, 2026
The open court principle versus reputational loss
The open court principle is a powerful doctrine that has been inextricably linked to the rights guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms. The principle permits public access to information about the court, which, in turn, fosters the public to discuss, opine and criticize court practices and proceedings. As well, the principle permits members of the public to obtain information about the courts and the cases that are heard by them.
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February 03, 2026
Counsel conduct leads to mistrial in Nova Scotia Court of Appeal
In many instances, the claim on appeal is that the accused received ineffective assistance of counsel. A claim of ineffective assistance can result in a new trial if it is shown that counsel’s acts or omissions fell below the standard of reasonable professional assistance and resulted in an unfair trial or a miscarriage of justice. It is rare for a trial in a provincial court to be adjourned because an accused person makes a claim for ineffective assistance of counsel midway through the trial. Yet such was the case in R. v. MacQuarrie, 2026 NSPC 5.
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February 03, 2026
Poverty big factor contributing to mass incarceration of Indigenous people in Saskatchewan: lawyer
Poverty is driving the high number of imprisoned Indigenous people in Saskatchewan, says a lawyer. Brady Knight, a Saskatoon-based criminal lawyer, calls the issue of Indigenous mass incarceration in the province “a concerning and pressing problem.”