In-House Counsel
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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).
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February 05, 2026
Carney at Davos: Why Canada needs the capacity to ‘stop pretending’
Recently in Davos, Switzerland, Prime Minister Mark Carney made a speech that captured everyone’s attention — opinions were varied. Here is mine.
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February 04, 2026
Regulatory barriers key cause of Canada’s productivity gap with the U.S.: study
Restrictive regulations in key intermediate sectors — including energy, transportation, retail distribution and professional services — have contributed to a long-standing productivity gap between Canada and the United States, according to a study published in the International Productivity Monitor, a peer-reviewed economics journal.
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February 04, 2026
Court upholds decision finding race, disability did not play a role in TD Bank employee’s demotion
The Federal Court has upheld a tribunal decision that a Black employee formerly working at TD Bank was not deprived of his Charter rights due to a demotion through restructuring, despite his arguments on race and disability being a factor.
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February 04, 2026
B.C. Court of Appeal upholds certification of privacy class action against Home Depot
The B.C. Court of Appeal has upheld the certification of a class action against Home Depot for sharing customer information with Meta, confirming that Privacy Act claims may be certified where common liability can be assessed on a class-wide basis.