In-House Counsel
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December 05, 2025
Judge certifies Lytton wildfire class action, urges simple application of ‘some basis in fact’ test
A B.C. Supreme Court judge has certified a class action over the 2021 Lytton wildfire and urged a return to the simple application of the “some basis in fact” standard during certification.
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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 04, 2025
A manually actuated excavation device and other excuses for legal bafflegab
Let’s call a spade a manually actuated excavation device. Why? Well, I can think of at least four reasons.
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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
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
Seeking leave to appeal: Top five considerations
Appeal rights in Ontario are “wholly a matter of statute” and there is no inherent right to appeal a decision (see Sutcliffe v. Ontario (Minister of the Environment), [2004] O.J. No. 277, at para. 23).
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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
Success rate for injured applicants at Licence Appeal Tribunal continues to plummet
As a new associate chair with significant political connections is poised to take over, the Licence Appeal Tribunal (LAT) is facing criticism over the plummeting success rate for people injured in auto accidents who are appealing decisions by insurance companies — a success rate that has dropped precipitously to only eight per cent.