In-House Counsel
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January 09, 2026
When is a decision subject to judicial review
Ontario courts will apply judicial review scrutiny to “public” decisions. What this means in practice has been the object of much judicial ink: see, generally, Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall, 2018 SCC 26; Ontario Place Protectors v. Ontario, 2025 ONCA 183.
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January 09, 2026
PM Carney’s appointment of Judge Hogue as Deputy AG of Canada sparks questions within legal community
Quebec Court of Appeal Justice Marie-Josée Hogue is retiring Feb. 1, 2026, from her full-time job on the federal bench — one day before starting work on Feb. 2 as deputy minister of justice and deputy attorney general of Canada, Law360 Canada has learned.
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January 09, 2026
Company and its environmental director fined over $1M for violating Fisheries Act
A company that owned and operated a chemical manufacturing plant in Gatineau, Que., has been fined $1,350,000 by the Court of Quebec for violating the Fisheries Act.
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January 08, 2026
Court upholds dismissal for cause based on misconduct discovered after termination
The Alberta Court of King’s Bench has dismissed a wrongful dismissal claim, affirming that an employer may rely on evidence of serious employee misconduct acquired after an employee’s dismissal to justify termination for just cause.
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January 08, 2026
SCC’s dual approach to arbitration: Competitive advantage or hidden risk?
The Supreme Court of Canada has never agreed to review an arbitral-related judicial decision after a provincial appellate court has made its ruling. While the SCC is willing to shape the law of arbitration agreements, it has dismissed leave applications in cases primarily focused on reviewing an arbitral award. This difference is quite notable.
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January 08, 2026
Top Ontario employment law decisions of 2025, part two
2025 was another eventful year in employment law. As with previous years, the enforceability of termination clauses continued to dominate courts’ time, but a more balanced approach to these clauses emerged this past year. We also saw our courts address the duty to mitigate, pre-employment inducement and, right before the holidays, claw back clauses, giving those practising in this area clear guidance on these issues. The following is part two of the top Ontario employment law decisions of 2025.
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January 08, 2026
Camelot, Marilyn and the mirage of proof: A journalist’s blunder as blueprint for honest lawyering
Over the holiday break, I had the pleasure of watching the Netflix documentary Cover-Up, which explores the life and career of legendary investigative journalist and author Seymour Hersh. Hersh is known for exposing truths behind government veils. In this documentary, he is portrayed as a somewhat mercurial character, but nonetheless his deeply rooted humanity shows through.
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January 07, 2026
B.C. Court of Appeal overturns $12M intermediary fee in cattle ranch deal
The B.C. Court of Appeal has overturned a $12-million award to an intermediary in a cattle ranch acquisition, ruling that while the parties agreed on services and other terms, the absence of agreement on price defeated enforcement of an alleged oral contract.
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January 07, 2026
B.C. establishes restricted insurance agency licensing framework
On Dec. 18, 2025, the Government of British Columbia introduced the long-anticipated Restricted Insurance Agent Licence Regulation (Regulation). The Regulation establishes a restricted licensing framework (framework) for businesses that sell ancillary insurance products incidental to their primary business activities, such as add-on insurance offered in connection with the sale or rental of vehicles or electronics.
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January 07, 2026
Creating competitors: Trump’s regime changes in Canada and Venezuela
Recent press coverage of the capture of Venezuela’s president, Nicolás Maduro, and his replacement with Delcy Rodríguez has been a case of fanciful explanations chasing very few facts. The administration has been of little help with its recent endorsement of Maduro’s second-in-command as the new leader of Venezuela.