In-House Counsel
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December 02, 2025
Ontario court reinforces limits on appeals from ‘final and binding’ arbitration awards
A recent decision of the Ontario Superior Court of Justice underscores that strong judicial deference will be given to arbitration agreements that expressly limit appeal rights. The ruling confirms that when parties agree an arbitral award will be “final and binding,” courts will likely enforce that bargain even when questions of law are raised.
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December 02, 2025
Paper tiger: Does ‘exceptional circumstances’ requirement for long notice periods matter?
Canadian courts have generally set a 24-month limit for reasonable notice in wrongful dismissal cases. While this cap was meant to be a guideline, recent cases have broadened what counts as “exceptional circumstances,” raising doubts about whether the cap still matters. Canadian executive employment lawyers, indeed all employment lawyers, should take note. Executives are especially likely to meet the criteria for exceptional circumstances, as their age, roles and compensation often justify longer notice periods.
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December 02, 2025
Jurisdiction challenges in Ontario: Why evidence matters as much as contracts
Foreign parties often assume that pointing to a forum selection clause or foreign governing law will keep them out of Ontario courts. But the Ontario Court of Appeal has recently underscored that jurisdictional challenges require more than contractual language — they demand evidence and legal argument.
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December 01, 2025
Carney hands new jobs to three lawyer-MPs in federal cabinet mini-shuffle
Following last week’s resignation of Montreal MP Steven Guilbeault from the federal Liberal cabinet, Prime Minister Mark Carney added one new minister to his cabinet and expanded the roles of two others in order to redistribute Guilbeault’s former cabinet responsibilities.
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December 01, 2025
Federal Court overturns order requiring Air Canada to pay $2,330 for delayed bag
The Federal Court has overturned an order requiring Air Canada to pay $2,330 for a delayed bag, finding the decision unreasonable for linking to the delay $1,310 in purchases made after the luggage was delivered.
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December 01, 2025
How to better prepare for Saskatchewan’s Franchise Disclosure Act
Saskatchewan has joined the growing list of Canadian provinces that have implemented franchise disclosure legislation in Canada. The Franchise Disclosure Act (the SK Act), enacted on May 8, 2024, and its regulations (the Regulations) released on April 25, 2025, will come into force on June 30, 2026.
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November 28, 2025
Court bars Binance to neutralizing class action through arbitration in Hong Kong
The Ontario Superior Court has issued a sweeping anti-suit injunction against cryptocurrency exchange Binance, holding that the company’s bid to initiate Hong Kong arbitration against class action plaintiffs amounts to an abusive collateral attack on prior rulings that its consumer arbitration clause was void as unconscionable and contrary to public policy.
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November 28, 2025
Investors can sue companies if they do not immediately disclose material changes in operations: SCC
The Supreme Court has given the green light to a lawsuit against a mining company by one of its shareholders for failure to disclose information under Ontario’s Securities Act, saying companies have an obligation to make timely disclosure of material changes in their operations.
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November 28, 2025
Guilbeault resigns over federal–Alberta MoU enabling new bitumen pipeline
Federal languages minister and former environment minister Steven Guilbeault has resigned from the cabinet over his opposition to a memorandum of understanding (MOU) between the federal government and Alberta which paves the way for a new bitumen pipeline to the B.C. coast.
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November 28, 2025
Legal and labour stakeholders alarmed by new proposed labour relations regime
The Quebec government, under increasing fire for tabling controversial bills that expressly and intentionally rein in countervailing oversight, introduced a contentious legislative proposal that would markedly overhaul the labour relations regime by significantly handcuffing unions’ capacity to defend themselves and intercede in the public sphere, assert labour and legal experts.