In-House Counsel
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September 04, 2025
Psychedelic disconnect: Charter rights and the case for transparency
A recent Federal Court of Appeal decision (Toth v. Canada (Minister of Mental Health and Addictions and Associate Minister of Health), 2025 FCA 119) about medical psilocybin use exemptions provides some interesting analysis on s. 7 Charter rights and significant policy shifts under the Vavilov framework (Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65).
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September 04, 2025
B.C. Appeal Court rules workplace assault claims need arbitration
The British Columbia Court of Appeal dismissed a surveyor’s civil action against Surerus Pipeline Inc. arising from an alleged workplace assault and subsequent termination (Gabriel v. Surerus Pipeline Inc., 2025 BCCA 194). The court overturned the chambers judge’s ruling, holding that the wrongful dismissal claim must be pursued through arbitration under the collective agreement rather than in court.
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September 04, 2025
Can foreign nationals work remotely in the U.S.?
While people have wanted to and sometimes enjoyed the opportunity to work while they are spending time outside of their home country, this practice became much more prevalent and common since the COVID-19 pandemic. With remote work far more normalized in the pandemic’s wake, it is now easier and sometimes necessary to work from wherever you are — regardless of physical boundaries or limitations.
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September 03, 2025
Court upholds securities class action certification, rejects narrow definition of ‘public corrections’
The Ontario Court of Appeal has upheld the certification of a securities class action against a health care company, ruling that disclosures can qualify as “public corrections” under the Securities Act (SA) even if they are general in nature or are not followed by a decline in share price.
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September 03, 2025
Legal experts & advocates push PM Carney for urgent action to secure Canada’s ‘digital sovereignty’
Legal experts, advocacy organizations and prominent Canadians are asking Ottawa to urgently legislate and implement measures to counter the digital risks to Canada’s autonomy and democracy posed by artificial intelligence (AI), foreign interference and U.S. tech giants’ dominance of domestic digital infrastructure.
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September 03, 2025
Federal Court rejects racism class action by civilian defence, armed forces employees
The Federal Court has denied certification of a proposed discrimination class action against the Department of National Defence (DND) and the Canadian Armed Forces (CAF) by civilian employees who claimed they experienced systemic racism.
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September 02, 2025
Federal Court of Appeal allows Bell to amend counterclaim in $400M copyright dispute
The Federal Court of Appeal has allowed Bell Canada to amend its counterclaim in a copyright dispute with a group of film studios, reversing a lower court’s decision to strike parts of Bell’s pleading alleging misuse of copyright enforcement without leave to amend.
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September 02, 2025
Carney cabinet set to chart Ottawa’s way forward on crime, ‘major projects,’ defence & free trade
As MPs ready their Sept. 15 return to the House of Commons, Prime Minister Mark Carney and his cabinet are meeting for two days in Toronto to strategize how to move forward with the Liberal government’s fall priorities, which include combatting crime, fast-tracking major infrastructure projects including building affordable homes, and “advance the beginnings of Canada’s preparations” for the 2026 joint review of the Canada-U.S.-Mexico Agreement (CUSMA) on free trade.
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September 02, 2025
LSM annual report a ‘comprehensive’ look at fiscal year, road ahead: president
As Manitoba’s law society takes stock of its most recent fiscal year, the regulator’s new president aims to continue the work of minding lawyers’ well-being as part of a new strategic plan. Law Society of Manitoba (LSM) president Kyle Dear recently sat down with Law360 Canada to discuss the recent release of the law society’s 2025 annual report — a 31-page snapshot of the regulator’s latest fiscal year, which ran from April 1, 2024, to March 31, 2025.
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August 29, 2025
‘Right to be forgotten’ privacy issues under PIPEDA and Charter heading to Federal Court
Does Parliament’s private-sector privacy law protect the “right to be forgotten”? That question, at least in part, is now headed to Federal Court, following a groundbreaking determination this week by Canada’s privacy commissioner that Canadians have a right under the federal Personal Information Protection and Electronic Documents Act (PIPEDA) — in some circumstances and when certain criteria are met — to have online material about them delinked from their names (“de-listed”) so that published material is not listed in search engine results when their name is searched.