In-House Counsel
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June 10, 2025
Canada’s top judge declares ‘in this country, the rule of law is non-negotiable’
Lawyers, as officers of the court, have a professional “responsibility and obligation” to defend the rule of law and the independence of the bar and judiciary against attacks, Chief Justice of Canada Richard Wagner said at his annual news conference in Ottawa.
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June 10, 2025
N.W.T. court stays legal proceedings in favour of arbitration, despite unsigned contract
A Northwest Territories Supreme Court judge has sent a construction dispute involving the Inuit land settlement authority to arbitration, even though the contract stipulating arbitration was never signed.
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June 10, 2025
Ontario Court of Appeal to decide worker liability for safety violations without direct fault
Ontario’s top court has agreed to hear an appeal over whether a worker can be held liable for safety violations under the Occupational Health and Safety Act (OHSA) in relation to an accident, even where there is no evidence that their own actions caused the accident.
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June 10, 2025
Competition Bureau sues DoorDash for alleged drip pricing
The Competition Bureau is suing DoorDash Inc., and its subsidiary DoorDash Technologies Canada Inc., for “promoting their online delivery services at a lower price than what consumers actually have to pay.”
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June 10, 2025
Ontario Court of Appeal upholds ‘just cause’ termination clause
In 2020, the Court of Appeal for Ontario’s decision in Waksdale v. Swegon North America Inc., 2020 ONCA 391, significantly impacted employment contracts in Ontario, voiding most termination clauses that attempted to deny Employment Standards Act (ESA) entitlements for “just cause” terminations. However, a recent decision of the Ontario Court of Appeal has upheld a termination clause with “just cause” termination language, providing greater certainty to employment counsel with respect to drafting employment contracts.
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June 10, 2025
OPC’s annual report: Actions, frustrations with AI, digital data
On June 5, 2025, the federal privacy commissioner, Philippe Dufresne, delivered his office’s annual report to Parliament, titled “Prioritizing privacy in a data-driven world.” The report contains a comprehensive summary of the activities of the Office of the Privacy Commissioner (OPC) over the year ending March 31, 2025, under its legislative jurisdictions of the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Privacy Act.
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June 10, 2025
Support for capital raising efforts announced by Canadian securities regulators
On April 17, 2025, the Canadian Securities Administrators (CSA) announced three coordinated blanket orders (“Blanket Orders”) designed to reduce regulatory burdens and create a more cost-effective capital raising system in Canada while still providing adequate protections for investors. The Blanket Orders introduce targeted exemptions from certain prospectus and disclosure requirements, with the intention of enhancing the efficiency of capital raising for issuers in Canada.
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June 09, 2025
Civil society advocates, information watchdog seek major overhaul of Access to Information Act
Advocates for greater government transparency and accountability have called on the Carney government to stand up an “independent” review — and then speedily overhaul — the much-criticized federal Access to Information Act.
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June 09, 2025
Tariffs, good faith and contractual discretion: Top tips for in-house, corporate counsel
With the extent and scope of U.S. tariffs applicable to Canada (and the rest of the world) changing on a regular basis, Canadian businesses are facing a turbulent environment. Amid this turbulent business environment, many businesses are evaluating their current contractual commitments and future contractual obligations, and attempting to determine how best to remain on solid footing going forward.
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June 09, 2025
A sweet case
Often, in response to an opposition, an applicant causes a separate proceeding(s) to be brought under s. 45 of the Trademarks Act attacking the registration(s) relied on by the opponent.