In-House Counsel
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March 12, 2026
B.C. ban on arbitration clauses in consumer contracts is retrospective, not retroactive: court
The B.C. Court of Appeal has ruled that amendments to the province’s Business Practices and Consumer Protection Act (BPCPA) banning arbitration clauses in consumer contracts do not apply retroactively, upholding a stay of proceedings against Rogers Communications Canada Inc. in favour of arbitration.
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March 12, 2026
Health Canada adds five fentanyl precursors to list of permanent controlled substances
Health Canada’s addition next month of five chemicals to the list of permanent controlled substances that are precursors to the manufacture of fentanyl prompted a question to Public Safety Minister Gary Anandasangaree, asking why Canada, unlike the U.K. and the U.S., does not also list under the Controlled Drugs and Substances Act (CDSA) the animal tranquillizers that frequently contaminate fentanyl.
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March 12, 2026
Sound of silence sinks deal: Settlement agreements need sharper drafting
The Ontario Superior Court’s decision in Cross v. Cooling Tower Maintenance Inc., 2025 ONSC 7203 is a useful reminder that settlement agreements must be drafted with care, especially where salary continuance, mitigation obligations and repayment provisions are involved. If counsel intend a breach to trigger serious consequences, those consequences must be set out clearly. Courts will enforce the agreement the parties made, not the one that one side later wishes it had drafted.
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March 11, 2026
Ontario court certifies class action against Johnson & Johnson over baby powder cancer risk
The Ontario Superior Court has certified a nationwide class action concerning allegations that Johnson & Johnson’s talc-based baby powder increased the risk of ovarian cancer and was marketed without adequate warnings.
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March 11, 2026
Ottawa extends temporary work-sharing EI measures to help employers avert mass layoffs from tariffs
The federal government is extending temporary special measures under the employment insurance work-sharing program until March 31, 2027, from March 6, 2026, to help employers facing unexpected slowdowns avoid layoffs and maintain stability for their workers.
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March 11, 2026
Good faith in contracts clarified by B.C. Court of Appeal
In Pandher v. Dhanesar, 2026 BCCA 63, the British Columbia Court of Appeal allowed an appeal, finding that the trial judge incorrectly applied the legal principles governing contractual interpretation and the duty of good faith in assessing the exercise of contractual discretion.
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March 11, 2026
Silence isn’t golden: Employers must clearly communicate contractual changes
In Comeau v. Valcom Consulting Ltd., 2025 NBKB 253, the Court of King’s Bench of New Brunswick held that an employer’s attempt to unilaterally introduce new, more restrictive terms of employment in relation to a long-term employee who had worked under a series of fixed-term employment agreements constituted a constructive dismissal.
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March 11, 2026
The billable hour is running out of time
Early in my career, I noticed a pattern I could not ignore. I would build rapport with clients, earn their trust and then watch everything fall apart the moment the invoice was sent. They were not upset with me personally, even though sometimes it felt that way. They were blindsided by a system that charged them in a way they found unfair. Even worse, I would get penalized if I found strategies to be fast and efficient to make it more fair.
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March 10, 2026
Manitoba to require employers to provide menstrual products
Manitoba will soon be the first province in Canada requiring employers to provide free menstrual products to their employees.
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March 10, 2026
Canadian cabotage and immigration rules for foreign trucking operations
Foreign motor carriers delivering freight into Canada operate within a tightly regulated framework that governs both the use of their equipment and the activities of their drivers while in Canada. Canadian cabotage and immigration rules are designed to protect the domestic transportation market while allowing international trade to function efficiently.