In-House Counsel
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February 04, 2026
When it comes to employee vaccination policy, proportionality matters
The Ontario Superior Court’s recent decision in Paul v. Sensient Colors Canada Ltd., 2025 ONSC 3127 should cause a familiar sense of discomfort for employers who assumed that pandemic-era policies would receive blanket judicial deference.
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February 04, 2026
The expanding use of biometrics: Privacy guidance for federal institutions
Biometric technologies have progressed rapidly over the past two decades, enabling not only identity verification (one-to-one comparison) and recognition (one-to-many) but also health and behavioural analysis through app interactions, among other uses.
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February 03, 2026
Labour board’s view that worker’s comments weren’t ‘sexual harassment’ was unreasonable: FCA
The Federal Court of Appeal has ruled that a longtime WestJet employee’s persistent unwelcome comments, which had sexual undertones, were “sexual harassment” that could possibly justify his termination, notwithstanding that the labour board below made findings that none of his intrusive comments to his female coworkers were “sexual in nature or intent” and that no one interpreted his comments in a sexual manner.
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February 03, 2026
Estée Lauder Cosmetics fined for violating Environmental Protection Act
Estée Lauder Cosmetics Ltd. has been fined $750,000 after pleading guilty to two counts of violating the Canadian Environmental Protection Act, 1999. The company’s violation of the Act was discovered by Environment and Climate Change Canada enforcement officers during a routine inspection.
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February 02, 2026
Federal Court strikes judicial review of GIC decision on telecom policy citing alternative remedies
The Federal Court has dismissed a judicial review of the Governor in Council’s (GIC) refusal to vary a CRTC internet access policy, finding that parallel proceedings before the Federal Court of Appeal and a renewed petition to the Governor in Council provided adequate alternative remedies.
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February 02, 2026
Top 10 business decisions of 2025, part two
Here is part two of my annual list of the top 10 business decisions in Canada for the year just ended. This two-part series began with the cases ranked sixth through tenth. Part two herein covers the top five cases, in ascending order.
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January 30, 2026
SCC gives guidance on interpreting insurance contracts, interplay of endorsements & exclusions
Elaborating on how to interpret insurance contracts, the Supreme Court of Canada dismissed 7-2 the appeal of two homeowners who sought to compel their insurer to fully pay for rebuilding their flood-destroyed house, despite an exclusion for “compliance costs” and the ancillary exception that caps the compliance costs payout at $10,000 “for the increased cost of demolition, construction, or repair to comply with any law regulating the zoning, demolition, repair or construction of any insured buildings.”
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January 30, 2026
Court rebukes Binance for renewed bid to revive barred arbitration in class action
Ontario’s Superior Court rebuked cryptocurrency platform Binance for attempting to revive arbitration against the representative plaintiffs in a certified class action against it, despite repeated rulings barring it from doing so.
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January 30, 2026
Legal career reflections: Three things I wish I had known 50 years ago
In 1975 I was a young and enthusiastic teacher in a progressive middle school in rural eastern Ontario. By then I had aggressively completed my bachelor’s degree at night school and summer school, once knocking off five full courses in one calendar year, the same as if I had been a full-time student. I had written both the LSAT (law) and the GMAT (business) entrance tests with flattering scores, with dreams of a career either in law or management. At the same time, my then school principal was mentoring me to become a principal, giving me more responsibilities and coaching toward becoming qualified. The world, it seemed, was my oyster.
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January 30, 2026
PBO: Extended EI benefits to cost $853M, minimal impact on EI premiums
Temporary measures extending Employment Insurance (EI) benefits by up to 20 weeks for long-tenured workers are expected to cost $853 million over five years, according to a legislative costing note released by the Parliamentary Budget Officer (PBO).