In-House Counsel
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February 04, 2026
Regulatory barriers key cause of Canada’s productivity gap with the U.S.: study
Restrictive regulations in key intermediate sectors — including energy, transportation, retail distribution and professional services — have contributed to a long-standing productivity gap between Canada and the United States, according to a study published in the International Productivity Monitor, a peer-reviewed economics journal.
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February 04, 2026
Court upholds decision finding race, disability did not play a role in TD Bank employee’s demotion
The Federal Court has upheld a tribunal decision that a Black employee formerly working at TD Bank was not deprived of his Charter rights due to a demotion through restructuring, despite his arguments on race and disability being a factor.
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February 04, 2026
B.C. Court of Appeal upholds certification of privacy class action against Home Depot
The B.C. Court of Appeal has upheld the certification of a class action against Home Depot for sharing customer information with Meta, confirming that Privacy Act claims may be certified where common liability can be assessed on a class-wide basis.
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February 04, 2026
Alberta seeking greater role in judicial appointments, threatens to withhold funding for judges
Alberta Premier Danielle Smith is asking the federal government for a greater say in judicial appointments and has threatened to withdraw funding to support any new judicial appointments in the province unless a more collaborative process is set up. In an open letter to Prime Minister Mark Carney, Smith also said Ottawa needs to relax bilingualism requirements for judicial appointments “that do not reflect Canada’s broader linguistic diversity in Western Canada and alienates Albertans and western Canadians alike.”
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February 04, 2026
When it comes to employee vaccination policy, proportionality matters
The Ontario Superior Court’s recent decision in Paul v. Sensient Colors Canada Ltd., 2025 ONSC 3127 should cause a familiar sense of discomfort for employers who assumed that pandemic-era policies would receive blanket judicial deference.
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February 04, 2026
The expanding use of biometrics: Privacy guidance for federal institutions
Biometric technologies have progressed rapidly over the past two decades, enabling not only identity verification (one-to-one comparison) and recognition (one-to-many) but also health and behavioural analysis through app interactions, among other uses.
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February 03, 2026
Labour board’s view that worker’s comments weren’t ‘sexual harassment’ was unreasonable: FCA
The Federal Court of Appeal has ruled that a longtime WestJet employee’s persistent unwelcome comments, which had sexual undertones, were “sexual harassment” that could possibly justify his termination, notwithstanding that the labour board below made findings that none of his intrusive comments to his female coworkers were “sexual in nature or intent” and that no one interpreted his comments in a sexual manner.
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February 03, 2026
Estée Lauder Cosmetics fined for violating Environmental Protection Act
Estée Lauder Cosmetics Ltd. has been fined $750,000 after pleading guilty to two counts of violating the Canadian Environmental Protection Act, 1999. The company’s violation of the Act was discovered by Environment and Climate Change Canada enforcement officers during a routine inspection.
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February 02, 2026
Federal Court strikes judicial review of GIC decision on telecom policy citing alternative remedies
The Federal Court has dismissed a judicial review of the Governor in Council’s (GIC) refusal to vary a CRTC internet access policy, finding that parallel proceedings before the Federal Court of Appeal and a renewed petition to the Governor in Council provided adequate alternative remedies.
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February 02, 2026
Top 10 business decisions of 2025, part two
Here is part two of my annual list of the top 10 business decisions in Canada for the year just ended. This two-part series began with the cases ranked sixth through tenth. Part two herein covers the top five cases, in ascending order.