In-House Counsel
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February 11, 2026
The new accountability: Why process is becoming a professional requirement in negotiation
For decades, negotiation remained the “black box” of legal work. While research became transparent and file management became auditable, negotiation stayed insulated behind “instinct” and “professional judgment.” Those things mattered — and still do — but they were hard to explain, document and audit. That insulation used to be acceptable.
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February 10, 2026
Federal listing of plastic manufactured items as ‘toxic’ may soon land on top court’s steps
The Federal Court of Appeal’s recent judgment that Ottawa reasonably added plastic manufactured items to the federal list of “toxic” substances in Schedule 1 of the Canadian Environmental Protection Act (CEPA), enabling the regulation of single-use plastics under s. 93 of the Act, may soon head to the Supreme Court of Canada.
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February 10, 2026
Recent developments in Canadian class action law: Q4 2025, part two
As we discussed in the first article (see below for link) of this two-part series, the final quarter of 2025 marked notable developments in Canadian class action law, with courts continuing to refine the boundaries of certification and leave across securities, consumer protection and privacy class actions in eight important decisions. We covered three of the eight key decisions from the Supreme Courts of Canada, Ontario and British Columbia in the first article, and we will now discuss the remaining five.
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February 10, 2026
Ontario lawyers could learn a lesson from Alberta Law Foundation’s funding dilemma
Ontario Attorney General Doug Downey could learn a thing or two about stretching a dollar from his Alberta compatriot, Mickey Amery. Progressive Ontario lawyers, meanwhile, may soon have to put their money where their mouth is on hard questions of justice funding, economic reality and what it truly means for civil society organizations to operate at arm’s length from government.
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February 09, 2026
Continued misuse of generative AI in Canadian courts
Despite several judicial admonishments in recent months, the unchecked use of generative AI programs for written submissions has continued in Canadian courts. Recently in Ontario, counsel responding to a motion to dismiss an action for delay filed a factum containing a quote purportedly from a Court of Appeal case that could not be found by opposing counsel or the motion judge. While the cited case existed, the quote that was reproduced in the factum could not be found. When pressed on the issue, counsel confirmed that while certain cases referred to in the factum existed, he did not verify their content by reading them: RSR Road Surface Recycling v. Bonnechere Excavating, 2026 ONSC 698.
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February 09, 2026
Court rules personal guarantees survive despite sale of security to creditor-related party
The Alberta Court of Appeal has upheld a ruling that asset purchase agreements approved in a receivership did not discharge personal guarantees given in respect of a corporate debt, even though the properties securing the debt were sold to an entity related to the creditor.
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February 09, 2026
Recent developments in Canadian class action law: Q4 2025, part one
The final quarter of 2025 marked notable developments in Canadian class action law, with courts continuing to refine the boundaries of certification and leave across securities, consumer protection and privacy class actions. Recent decisions underscore a balanced judicial approach: courts continue to advance class proceedings grounded in coherent legal theories and supported by admissible evidence, while firmly limiting speculative claims, procedural re-litigation and disproportionate results.
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February 09, 2026
Why I help pro athletes find their post-retirement careers, part two
This is the second part of a two-part series: Part one: Why I help pro athletes find their post-retirement careers.
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February 06, 2026
Why I help pro athletes find their post-retirement careers
A sprawling betting scheme to rig National Collegiate Athletic Association (NCAA) and Chinese Basketball Association games ensnared 26 people, including more than a dozen college basketball players who tried to fix games in the 2024-25 season, U.S. federal prosecutors said in an Associated Press report from Jan. 15.
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February 06, 2026
Supreme Court defines scope of ‘material change’ in Canadian securities law
On Nov. 28, 2025, the Supreme Court of Canada (SCC) issued its decision in Lundin Mining Corp. v. Markowich, 2025 SCC 39, providing important clarification on one of the more complex areas of Canadian securities law: the distinction between a “material fact” and a “material change” under the Ontario Securities Act (the Act).