The Complete Brief

  • November 02, 2026

    Young lawyers and the residential real estate myth: The economics

    Many lawyers would agree that practising residential real estate is not the intellectual pinnacle of the legal profession. The argument goes that it is simple to do, the steps are repetitive, and it is properly the realm of law clerks, supervised (in theory) by qualified lawyers. Also, it has become a commodity, and clients are fee-sensitive. Simply put, it is difficult to get rich doing it, unless you can use clerks and support staff to process transactions in great volume, with experienced lawyers spending the minimum possible time on each matter.

  • November 02, 2026

    The CRA’s tax audit powers and their judicial limits: Sections 231.1 and 231.2

    The Canada Revenue Agency’s ability to gather information during a tax audit rests on two deceptively short provisions of the Income Tax Act: s. 231.1, the general power to inspect, audit or examine, and s. 231.2, the power to issue a requirement for information or documents.

  • November 02, 2026

    What happens when employers can’t explain why two employees are paid differently?

    Imagine an employee discovering that a colleague with the same job title, similar responsibilities and comparable experience earns $10,000 more a year.

  • November 02, 2026

    The statutory escape hatch: Why CIBC lost where Van Dolder won

    Just when employers thought they could put the antacids back in the medicine cabinet, the Ontario Court of Appeal has delivered another reminder that the wording of an employment contract matters. And, as the Canadian Imperial Bank of Commerce (CIBC) has now discovered, a promise to comply with the law is not necessarily enough to save a termination provision that says something quite different.

  • November 02, 2026

    Ask promptly or not at all: Court declines to compel explanation under s. 40(2) of Arbitration Act

    In AtkinsRéalis Construction (Pacific) Inc. v. Barton Malow Canada Ltd., the Ontario Superior Court of Justice dismissed a motion seeking an order directing the arbitrator to provide an explanation of certain aspects of his merits award.

  • November 02, 2026

    Sex assault appeal examines limits of appellate intervention in trial judge’s credibility findings

    An accused who chooses not to recall a Crown witness after unexpected evidence emerges during trial cannot necessarily argue on appeal that he was denied a fair opportunity to challenge that evidence. That is the central lesson of R. v. Hinseab, 2026 MBCA 71, in which the Manitoba Court of Appeal dismissed an appeal from convictions for sexual interference, invitation to sexual touching and forcible confinement.

  • November 02, 2026

    PROCEDURE - Questions by jury - Trial judge’s duties - Charge or directions - Defences

    Appeal by Simms from his conviction for assault. The assault charge covered multiple alleged applications of force during two incidents between Simms and the complainant.

  • October 30, 2026

    Langlois welcomes Nicolas Gagnon in Montreal

    Nicolas C. Gagnon has joined Langlois’ corporate and commercial law group in Montreal.

  • October 30, 2026

    Privacy regulators call for health data protection in AI systems, laws and regulations

    Federal, provincial and territorial privacy commissioners and ombuds have issued a resolution calling for a responsible approach to the development, procurement and adoption of artificial intelligence systems in health care and health research.

  • October 30, 2026

    N.B. Appeal Court allows correction of class action residency defect

    The New Brunswick Court of Appeal has rejected insurers’ attempt to invalidate a proposed class action because the original plaintiff lived outside the province, finding that the residency defect could be corrected by adding an eligible plaintiff.

  • October 30, 2026

    SCC elaborates on mens rea in dangerous driving cases that involve momentary driver inattention

    The Supreme Court of Canada has specified that a driver’s brief period of inattention is one factor to consider, among others, when analyzing the mens rea in dangerous driving cases. The top court also reiterated its holding in previous decisions that, in some circumstances, a driver’s momentary lapse of attention can, on its own, constitute a marked departure from the standard of care.

  • October 30, 2026

    Justice minister announces 2 judicial appointments in Ontario

    Federal Justice Minister Sean Fraser has announced the appointment of Tina H. Lie and Rahat Godil to the Ontario Superior Court of Justice. Lie will serve in Toronto, while Godil will serve in Newmarket.

  • October 30, 2026

    Joey Levesque joins Harper Grey as associate

    Joey Levesque has joined Harper Grey as an associate in its business law group in Vancouver.

  • October 30, 2026

    Canada, EU partner on digital trade, payments and energy

    Canada and the European Union have launched what they call a “partnership of nations” aimed at addressing strategic concerns and common issues.

  • October 30, 2026

    Auditor general delivers 9 audits to Parliament, notes critical gaps and weaknesses

    Auditor General of Canada Karen Hogan delivered nine performance audit reports to the House of Commons on Oct. 29. The reports cover topics including money laundering, procurement technology, public health, the dental care plan, import assessments, ammunition, thermal coal commitments, water monitoring and net-zero emissions.

  • October 30, 2026

    Ontario law society rejects task force to look into TMU antisemitism claims

    Law Society of Ontario (LSO) benchers voted down a resolution at its most recent convocation to investigate allegations of antisemitism at Toronto Metropolitan University (TMU).

  • October 30, 2026

    Building a remission request the CRA must engage with

    Part one of this series established that third-party-created tax debt is recovered administratively, by set-off and without any proceeding. Part two established that the relief provisions practitioners reach for first cannot cancel the principal of it. This closing part addresses what remains.

  • October 30, 2026

    Canadian payroll is not enough: Proving an overseas assignment under PR residency rules

    A Canadian pay statement can be genuine and still prove the wrong point in a permanent resident (PR) residency case. The legal question is not simply who paid the worker abroad, but whether a qualifying Canadian business actually assigned that person to full-time work outside Canada on terms that meet the residency rules. Where the foreign role has no defined end or realistic Canadian position to return to, an employer’s letter may not resolve the problem.

  • October 30, 2026

    Alberta referendum results a ‘colossal failure’ for premier, lawyer says

    The polls have closed and the smoke has cleared from Alberta’s constitutional referendum that could have given the go-ahead to a separation vote, with provincial voters rejecting independence but backing a number of proposals on immigration issues that observers say could lead to legal and political difficulties down the road.

  • October 30, 2026

    OFFENCES RELATING TO CONVEYANCES - Dangerous operation - Causing bodily harm - Causing death

    Appeal by the Crown from a judgment affirming Zadeh’s acquittals on charges of dangerous driving causing death and dangerous driving causing bodily harm. Zadeh drove through a red light at a busy downtown Vancouver intersection without slowing down or attempting to stop.

  • October 30, 2026

    The art of proving less at trial

    Family law trials often involve proving matters that are not seriously in dispute. Financial statements, bank records and property transactions are introduced into evidence, sometimes at considerable expense, when the underlying facts could have been agreed upon beforehand.

  • October 30, 2026

    Trademark rights adrift: Abandonment and distinctiveness in Sea Tow v. C-Tow

    An abandoned trademark application may leave more than a gap in a brand’s history — it may undermine the owner’s ability to claim priority. The Federal Court of Appeal’s decision clarifies how abandonment affects trademark adoption and confirms that the same test for distinctiveness applies in opposition and expungement proceedings. (Sea Tow Services International, Inc. v. C-Tow Marine Assistance Ltd., 2025 FC 27 and costs at 2025 FC 355 appeal dismissed 2026 FCA 177.)

  • October 30, 2026

    Is independent asset verification becoming part of an estate trustee’s duty of inquiry?

    For generations, an estate trustee stepping into an administration has started with the paperwork in front of them: the will, the bank statements that happened to be lying around, the prior trustee’s inventory (if applicable). That starting point is not going away. But as estate trustees — and particularly neutral and succeeding trustees who inherit an administration someone else began — come under closer scrutiny, a question is emerging: is documented, independent verification of what the estate actually owns and owes becoming an expected part of the duty of inquiry?

  • October 30, 2026

    N.L. high court orders man’s release pending appeal of sexual, physical assault convictions

    A man found guilty of assault and sex offences has been freed while he appeals his convictions after a court weighed his solid release plan against risk to the public.

  • October 30, 2026

    Crime Stoppers: The price of outsourcing privacy

    The Privacy Commissioner’s investigation into the Crime Stoppers data breach raises fundamental questions about data security, corporate accountability and the obligations of organizations entrusted with confidential information.

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