Business
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December 04, 2025
Using s. 35 of the Property Law Act to extinguish, modify easements in B.C.
Easements, being one of the most common non-possessory interests in land, are often essential for the proper use and development of a dominant tenement. However, over time, changes in the character of the land, the surrounding neighbourhood or the purpose of the original grant can render an easement obsolete, impractical or economically detrimental to the burdened land (the servient tenement). In British Columbia, if parties do not agree to privately extinguish an easement, the owner of the servient tenement must apply to the court for relief under s. 35 of the Property Law Act.
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December 04, 2025
Court orders law firm to disclose client’s banking information
Parties may occasionally seek disclosure of information or documents from another party’s lawyer during the course of litigation. In such cases, solicitor-client privilege as well as a general duty of confidentiality must be considered. Lawyers who receive a request for disclosure of privileged information by a non-client will generally require that a court order for disclosure be obtained.
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December 03, 2025
Federal judges ‘reluctantly’ take Carney gov’t to court in dispute over pay, judicial independence
In a pay dispute with Ottawa that raises questions about the requirements for judicial independence, the Canadian Superior Courts Judges Association (CSCJA) and the associate judges of the Federal Court separately filed Federal Court applications seeking judicial review of the Carney government’s recent refusal to implement the recommendations of an independent judicial pay commission, including its advice that a $28,000 salary boost (on top of mandatory annual indexing) is necessary to keep attracting outstanding lawyers to the federal benches.
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December 03, 2025
Ottawa releases world’s first standard for accessible, inclusive AI design
Accessibility Standards Canada has released what it says is the world’s first standard on accessible and equitable artificial intelligence (AI), aimed at enabling the development of AI systems that are accessible to people with disabilities.
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December 03, 2025
How to interpret undefined common words in a statute
The Supreme Court of Canada’s decision in Lundin Mining Corp. v. Markowich, 2025 SCC 39 is not just about securities law.
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December 03, 2025
Valerie Prather joins McCarthy Tétrault in Calgary
McCarthy Tétrault has welcomed Valerie Prather as a partner in its litigation and dispute resolution group in Calgary, according to the firm.
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December 03, 2025
Sales and excise tax measures in Canada’s 2025 federal budget
The Government of Canada’s long-awaited budget (Budget 2025) includes important sales and excise tax measures — and confirms the government’s intention to proceed with several other measures that had been announced previously.
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December 03, 2025
OPC launches consultation on federal private-sector privacy law
On Dec. 2, the privacy commissioner of Canada launched a consultation to “inform the development of future guidance for organizations subject to Canada’s federal private-sector privacy law to ensure that it is timely, effective and responsive to the needs of stakeholders.”
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December 03, 2025
Navigating continuing powers of attorney for property: Key dos and don’ts
In estate law, when a grantor becomes mentally incapable, a continuing power of attorney for property is the estate planning tool that enables a person (i.e., the attorney) to step into the shoes of the grantor and do everything the grantor could lawfully do, except make a will. An attorney for property owes a fiduciary duty to the grantor and must always act in his or her best interests.
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December 03, 2025
FEDERAL INCOME TAX - Charities - Revocation of registration
Appeal by Priority Foundation from a decision of Minister of National Revenue. The Minister issued a notice of intention to revoke Priority’s registration as a charity.