In-House Counsel

  • October 19, 2026

    Federal UNDRIP Act does not automatically expand consultation duties: Federal Court of Appeal

    The Federal Court of Appeal has ruled that the United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) does not automatically impose additional Indigenous consultation and consent requirements on project approvals, overturning a ruling requiring further consultation over a proposed nuclear waste facility.

  • October 19, 2026

    OpenAI findings reinforce privacy obligations in the age of AI

    The Office of the Privacy Commissioner of Canada (OPC), together with the privacy regulators in Quebec, British Columbia and Alberta, recently released the findings of their joint investigation into OpenAI OpCo, LLC (OpenAI), the developer of ChatGPT.

  • October 19, 2026

    Why ‘splitting the difference’ is failing your employment law clients

    Splitting the difference feels like the sensible way to settle a case. Each side moves, nobody loses face, and everyone leaves with a number that sounds reasonable. In my mediation practice, I see it constantly. Counsel on both sides stake out positions, trade offers over several rounds and land somewhere in the middle.

  • October 16, 2026

    Comprehensive guide to corporate immigration pathways: Provincial Nominee Programs

    As we discussed in the first article in this series, Canada’s economy depends heavily on immigration, and corporations play a central role in shaping the flow of talent into the country. In that regard, Canada’s Provincial Nominee Programs (PNPs) give provinces and territories the ability to select immigrants who meet their local labour-market needs.

  • October 15, 2026

    Canadian businesses call for tax overhaul ahead of federal budget: KPMG survey

    Canadian businesses are calling for a comprehensive review of the country’s tax system to improve competitiveness and reduce complexity as the economy deals with the impact of the trade conflict with the U.S., according to a KPMG survey of companies with annual revenues of at least $10 million.

  • October 15, 2026

    Court dismisses Google’s discovery appeal, noting relevance alone does not justify disclosure

    The Federal Court of Appeal has dismissed Google’s challenge to a discovery ruling in proceedings brought by the Competition Bureau over its alleged anti-competitive conduct in online advertising, emphasizing that relevance alone does not justify disclosure.

  • October 15, 2026

    A compliance guide for businesses in B.C.’s snap election

    British Columbians are set to vote for their next provincial government on Oct. 24, following Premier David Eby’s snap election.

  • October 15, 2026

    Non-infringement of useful article features

    A hydroelectric power plant needed refurbishment. The owner initiated a refurbishment project of the butterfly valves and winches for its hydroelectric power units and entered into an agreement with the plaintiff for the refurbishment of the first two hydroelectric power units of the plant, known as Units 1 and 2. The refurbishment work covered by the agreement included the valves and winches for Units 1 and 2, sometimes referred to as “pilot projects.”

  • October 15, 2026

    Privacy commissioner closes inquiry into WestJet’s security measures

    The Privacy Commissioner of Canada Philippe Dufresne has announced that he has closed an investigation into WestJet’s security measures that was initiated after a cyberattack, finding the company met the commitments it made to his office (OPC) to enhance safeguards.

  • October 15, 2026

    Understanding the doctrine of consular non-reviewability in the visa application process

    You’ve applied for a visa. You go to your appointment thinking this is fairly routine, and you’ve been approved for visas in the past. No reason to worry or be concerned, you think. But when you appear for your interview, they are asking new questions. They ask about the purpose and timing of your trip in more detail.

  • October 14, 2026

    Federal Court of Appeal rejects bid to strike class action over buyer brokerage commissions

    The Federal Court of Appeal has rejected a bid to strike a proposed class action alleging that real estate rules requiring sellers to pay buyers’ brokerage commissions unlawfully control prices by shielding those commissions from competitive market forces.

  • October 14, 2026

    Privacy commissioner updates guidance on data from recorded customer calls

    The Office of the Privacy Commissioner of Canada (OPC) has updated its guidance for organizations that record customer calls, “to ensure alignment with best practices on the handling of biometric data and to clarify other considerations for businesses.”

  • October 09, 2026

    Comprehensive guide to corporate immigration pathways: Express Entry

    Canada’s economy depends heavily on immigration, and corporations play a central role in shaping the flow of talent into the country. For employers, as you will see in this multipart series, immigration is not only about filling immediate vacancies but also about building long-term competitiveness, transferring global expertise and anchoring international operations in Canadian communities.

  • October 08, 2026

    Court rejects lawyer’s limitation defence over failed property purchase

    The Ontario Court of Appeal has upheld the dismissal of a lawyer’s limitation defence to a negligence claim over a failed property purchase, finding that the buyers’ knowledge that title had not transferred did not establish that they had discovered their claim.

  • October 08, 2026

    Ottawa proposes new offences, administrative monetary penalties amid ‘red tape’ reforms to 31 laws

    Under the rubric of supporting “economic growth and competitiveness,” the federal Liberal government says its newly introduced “red tape reduction” bill (S-7) will “reduce unnecessary regulatory burden under 31 individual pieces of legislation and their corresponding regulations administered by 11 federal departments and agencies.”

  • October 08, 2026

    Anti-Zionism and antisemitism: When definitions become legal standards

    Speech about Israel and Zionism can become antisemitic without treating opposition to Zionism as inherently antisemitic. In that respect, the Jerusalem Declaration on Antisemitism and the Nexus Document offer a more legally workable approach. They do not attempt to settle contested questions about Zionism in advance. Instead, they leave room to examine what was actually said, whom it targeted and the context in which it occurred.

  • October 07, 2026

    B.C. top court to examine whether Arbitration Act tolling provision covers contractual deadlines

    The B.C. Court of Appeal has agreed to hear an appeal over whether an Arbitration Act provision that suspends limitation periods when an action is stayed in favour of arbitration applies to contractual deadlines as well as statutory ones.

  • October 07, 2026

    Decision shows court will protect a business against escalating harassment

    Defamation and harassment claims are most often brought by individuals, but corporations may have the same right to seek relief when they become the target of a sustained online campaign. A recent Ontario decision shows how the courts may act to protect a business from an escalating series of online attacks.

  • October 07, 2026

    Canada’s immigration selection system needs an evidence-based reset

    Canada does not lack immigration programs. It lacks a coherent method for deciding which economic immigrants are most likely to meet the country’s long-term needs.

  • October 07, 2026

    Anti-Zionism and antisemitism: What the courts are saying

    Courts have confronted the problem of anti-Zionism vs. antisemitism.

  • October 06, 2026

    Competition Bureau welcomes cancellation of Nortera’s proposed Green Giant acquisition

    The Competition Bureau has welcomed the cancellation of Nortera Foods’ proposed acquisition of B&G Foods Canada’s Green Giant and Le Sieur vegetable business after the bureau asked the Competition Tribunal to block the transaction, according to an Oct. 6 release.

  • October 06, 2026

    Court dismisses challenge to harassment reports under federal regulations for lack of jurisdiction

    The Federal Court has dismissed a challenge to workplace harassment investigation reports, finding that Air Canada’s participation in the federally regulated workplace dispute resolution process did not make it a federal tribunal whose decisions were subject to judicial review.

  • October 06, 2026

    Office of the Privacy Commissioner: Guidance for contracting with service providers

    The federal Office of the Privacy Commissioner has issued a draft guidance document addressing best practices for organizations contracting with third-party service providers. By its title, “Guidance on Assessing Third-Party Service Providers,” the guidance suggests that it should be used by organizations in assessing the qualification of a potential service provider — the due diligence requirement. However, in the broader context, it may be understood as addressing not only the due diligence aspects but also the contracting requirements for organizations’ service provider relationships.

  • October 06, 2026

    When the vendor walks: Quebec buyer’s limited remedies at letter of intent stage

    The vendor signed a letter of intent, opened its books for due diligence, then walked away without explanation — or, worse, sold to a third party. The buyer, meanwhile, has incurred tens of thousands of dollars in professional fees. What can he do? In Quebec, the answer is rarely as favourable as the buyer hopes. Specific performance of the sale is possible in theory, but legal and practical obstacles make it exceptional. In most cases, a claim for damages remains the only realistic avenue.

  • October 06, 2026

    Anti-Zionism can be antisemitic. That doesn’t make it antisemitism

    Antisemitism is real and dangerous. Jewish Canadians should not have to conceal their identity, fear entering a synagogue or endure harassment because they are Jewish. Governments have an obligation to confront it.