The Complete Brief

  • October 06, 2026

    Court dismisses challenge to harassment reports under federal regulations for lack of jurisdiction

    The Federal Court has dismissed a challenge to workplace harassment investigation reports, finding that Air Canada’s participation in the federally regulated workplace dispute resolution process did not make it a federal tribunal whose decisions were subject to judicial review.

  • October 06, 2026

    Melting the estate freeze: Why Appeal Court’s decision in Lang-Newlands upends post-freeze trust planning

    Intergenerational estate freezes have long served as a bedrock mechanism for Canadian business owners seeking to defer tax and shelter wealth across generations. For years, corporate planners and family litigators assumed that routing future growth through a post-marriage discretionary family trust would cloak that interest as an excluded “gift after marriage” under Ontario’s Family Law Act (FLA).

  • October 06, 2026

    From the 10% rule to the purpose test: Two different advocacy regimes under the Income Tax Act

    This is the first of a two-part series on the compliance landscape facing organizations that engage in policy advocacy, whether structured as 1) registered charities, 2) non-profit organizations or 3) commercial entities.

  • October 06, 2026

    Office of the Privacy Commissioner: Guidance for contracting with service providers

    The federal Office of the Privacy Commissioner has issued a draft guidance document addressing best practices for organizations contracting with third-party service providers. By its title, “Guidance on Assessing Third-Party Service Providers,” the guidance suggests that it should be used by organizations in assessing the qualification of a potential service provider — the due diligence requirement. However, in the broader context, it may be understood as addressing not only the due diligence aspects but also the contracting requirements for organizations’ service provider relationships.

  • October 06, 2026

    When the vendor walks: Quebec buyer’s limited remedies at letter of intent stage

    The vendor signed a letter of intent, opened its books for due diligence, then walked away without explanation — or, worse, sold to a third party. The buyer, meanwhile, has incurred tens of thousands of dollars in professional fees. What can he do? In Quebec, the answer is rarely as favourable as the buyer hopes. Specific performance of the sale is possible in theory, but legal and practical obstacles make it exceptional. In most cases, a claim for damages remains the only realistic avenue.

  • October 06, 2026

    Anti-Zionism can be antisemitic. That doesn’t make it antisemitism

    Antisemitism is real and dangerous. Jewish Canadians should not have to conceal their identity, fear entering a synagogue or endure harassment because they are Jewish. Governments have an obligation to confront it.

  • October 06, 2026

    FEDERAL INCOME TAX - Administration and enforcement - Confidentiality

    Appeal by appellant from a Tax Court order granting respondent an interim confidentiality order protecting certain documents during discovery in two tax proceedings.

  • October 06, 2026

    RESIDENTIAL TENANCIES - Security of tenure - Grounds for termination at end of period or term

    Appeal by Sparling and Sutcliffe from the dismissal of their judicial review petition. Since September 2022, Zheng issued Sparling and Sutcliffe six notices to end their tenancy “for landlord’s use of property” and a seventh for “cause.”

  • October 06, 2026

    Ontario appeal demonstrates appellate restraint in sentencing, difficulty of reversing jury verdict

    A recent Ontario Court of Appeal decision illustrates the difficulty of overturning a jury verdict where the trial judge carefully addressed potentially problematic evidence and the sentence, although unusually severe, remains within the broad discretion afforded to sentencing judges.

  • October 05, 2026

    Rule of law depends on boosting public’s understanding & confidence, SCC hears as new session opens

    Canada needs to find new ways to sustain and strengthen its democratic institutions, especially to drive home to Canadians how much their independent justice system benefits them in their daily lives, top jurists say. At the Oct. 5 ceremonial opening of the Supreme Court of Canada’s judicial year in Ottawa, Chief Justice of Canada Richard Wagner told the audience of lawyers and judges he appreciated that “across the country, I’ve seen many of you speak out publicly to reiterate the importance of the rule of law and of an independent judiciary.”

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