In-House Counsel

  • May 21, 2026

    N.L. picks lawyer to review privacy, access to information legislation

    Newfoundland and Labrador has tapped a veteran lawyer to conduct a review of the province’s privacy and access to information laws. It was announced May 20 that Keri-Lynn Power will commence a statutory review of Newfoundland and Labrador’s Access to Information and Protection of Privacy Act.

  • May 21, 2026

    Federal Court quashes $421,000 invoice threatening First Nation councillor’s election eligibility

    The Federal Court has quashed a $421,000 invoice issued to a First Nation councillor, ruling that the measure, which could have barred her from seeking re-election, was not properly authorized under the Nation’s governance laws.

  • May 21, 2026

    Five-judge panel overturns Handley Estate rule on undisclosed partial settlements

    A five-judge panel of the Ontario Court of Appeal has overturned the Handley Estate rule, which had required courts to stay proceedings where parties failed to immediately disclose partial settlement agreements that altered the litigation landscape.

  • May 20, 2026

    Foreign criminal non-prosecution orders and Ontario civil litigation: Procedural lessons

    As commercial disputes increasingly cross borders, Canadian courts are more frequently asked to assess the legal effect of foreign judgments, prosecutorial decisions and parallel proceedings arising from unfamiliar legal systems. One recurring question is whether a foreign criminal or quasi-criminal decision should bar subsequent civil litigation in Ontario through doctrines such as res judicata, issue estoppel or abuse of process.

  • May 20, 2026

    Two stumbles forward, one back: Three wise men opine on Churchill Falls MOU after independent review

    Fifty-seven years ago, Hydro-Québec signed an advantageous contract with the Churchill Falls (Labrador) Corp. (CF(L)Co) for a large block of power at $2 per megawatt hour for 75 years. In December 2014, the premiers of Quebec and Labrador announced a proposed transaction for the existing dam plus 3,900-megawatt expansion products. Simultaneously, they released the Churchill Falls Memorandum of Understanding (MOU). The document was not really a memorandum of understanding; it was a pastiche of draft contract sections plus schedules that reflected modelled quantities and prices.

  • May 20, 2026

    When disciplinary findings meet civil liability, what weight does each carry?

    Professionals subject to a code of ethics may, in the course of their practice, become the subject of disciplinary complaints.

  • May 19, 2026

    Carney announces members of Independent Advisory Board to help select next SCC judge

    On May 19, Prime Minister Mark Carney announced the chair and members of the Independent Advisory Board for the Supreme Court of Canada Judicial Appointments.

  • May 19, 2026

    Commercial real estate insurance: When the lights go out and the policy falls short

    Commercial real estate has become increasingly dependent on technology. Power systems, utilities, data networks and digital infrastructure now play a direct role in whether a building can operate, tenants can remain open and rent continues to flow.

  • May 19, 2026

    Building the perfect divorce bonfire

    In my handy Wilderness Survival Guide, there is a step-by-step guide to building the perfect bonfire. I was reminded of it as I read last week’s Supreme Court of Canada decision in Ahluwalia v. Ahluwalia, 2026 SCC 16, which has created a new tort — the tort of family violence for coercive and controlling behaviour.

  • May 19, 2026

    You don’t get to double-dip: Ontario Court of Appeal clarifies mitigation

    For employment lawyers, failure to mitigate is almost always pleaded by employers, yet rarely succeeds. It remains a frustrating part of wrongful dismissal litigation. Employees are often upset to learn that if they find new work, their income will usually be deducted from what their former employer owes them. Employers, meanwhile, are dismayed by the heavy evidentiary burden they face when alleging failure to mitigate.