In-House Counsel

  • October 23, 2026

    SCC explains how to determine ‘factual causation’ and ‘remoteness of damage’ in negligence cases

    Splintering over the results in a multi-defendant personal injury case, the Supreme Court of Canada has elaborated on the elements of “factual causation” and “remoteness” of damages and on the roles they play in analyzing negligence claims. On Oct. 23, a majority of the seven-judge bench dismissed the appeals of plaintiffs Sophia Hemmings, her litigation guardian and her family from a 2024 Ontario Court of Appeal medical negligence decision: Hemmings v. Padmore, 2026 SCC 34.

  • October 23, 2026

    Lavery walcomes health law lawyer Olivier Fecteau in Montreal

    Olivier Fecteau has joined Lavery as a lawyer in its litigation group in Montreal, with a practice focused on health law.

  • October 23, 2026

    Comprehensive guide to corporate immigration pathways: Corporate immigration to Quebec

    Quebec runs its own immigration system, separate from the federal government, with distinct rules that reflect the province’s focus on French-language integration and low overall immigration levels. For corporations, this means that options to hire and retain foreign workers are more limited than in the rest of Canada, and processes often involve additional provincial steps.

  • October 23, 2026

    Court of Appeal for Ontario reframes long-standing test for leave to appeal

    For the first time in more than 50 years, the Court of Appeal for Ontario has updated its test for leave to appeal from a decision of the Divisional Court. In Knauff v. Ontario (Human Rights Tribunal), 2026 ONCA 653, a five-judge panel confirmed that the test for leave is whether the proposed appeal raises an arguable question of law or mixed law and fact that is of sufficient public importance to warrant consideration by the Court of Appeal.

  • October 22, 2026

    WSIB cuts average premium rate, saving Ontario employers $160M in 2027

    Ontario’s Workplace Safety and Insurance Board (WSIB) will decrease its average workplace injury insurance premium rate from $1.23 to $1.18 per $100 of insurable payroll in 2027, with more than 80 per cent of premium-paying businesses receiving a rate reduction, according to an Oct. 22 release.

  • October 22, 2026

    The economics of collaboration in cultural property restitution and estate asset recovery

    Within the practice of cultural property restitution and estate asset recovery, fiduciary litigators and trust administrators frequently encounter unique administrative challenges.

  • October 22, 2026

    Comprehensive guide to corporate immigration pathways: Temporary Foreign Worker Program

    The Temporary Foreign Worker Program (TFWP) is one of Canada’s central pathways for employers to hire foreign talent when no Canadians or permanent residents are available to fill a position. Unlike the International Mobility Program, which is LMIA-exempt, the TFWP requires employers to obtain a Labour Market Impact Assessment (LMIA) before a foreign worker can be hired. This LMIA process ensures that the employment of a foreign national will not negatively affect Canadian workers.

  • October 21, 2026

    Dementia Justice Canada calls for mandatory legal assessment for any advance MAID requests

    Dementia Justice Canada is urging Parliament to require an independent legal assessment before medical assistance in dying is administered under an advance request, warning that people who have lost decision-making capacity need protection from coercion, undue influence and abuse.

  • October 21, 2026

    Law firms, legal AI users must learn to spot subtle but significant output errors: expert

    As law firms and in-house teams increasingly adopt and experiment with artificial intelligence tools, there are less obvious risks they need to look out for, including minor shifts in contractual language, inconsistent model behaviour and potential client-data exposure, according to a legal tech expert. 

  • October 20, 2026

    Canada-U.S. trade war could lower expected GDP by 1.4% over 5 years: PBO

    The ongoing Canada-U.S. trade conflict could leave Canada’s economy 1.4 per cent smaller after five years than it otherwise would have been and cost the country 185,000 jobs if current trade measures remain in place permanently, according to an Oct. 20 assessment note from the Parliamentary Budget Office (PBO).

  • October 20, 2026

    Privacy commissioner launches Canada’s first Children’s Privacy Code

    In order to create a “safer, more transparent online environment for children and teens,” the Privacy Commissioner of Canada has launched the country’s first Children’s Privacy Code.

  • October 20, 2026

    Comprehensive guide to corporate immigration pathways: International Mobility Program

    The International Mobility Program (IMP) is one of the most important corporate immigration pathways in Canada. Unlike the Temporary Foreign Worker Program, the IMP allows employers to bring in foreign workers without the need for a Labour Market Impact Assessment (LMIA). This exemption saves time, reduces costs and makes the process far more flexible for companies looking to attract or transfer global talent.

  • October 20, 2026

    CSA’s ‘access equals delivery’ model takes effect for continuous disclosure documents

    On June 25, 2026, the Canadian Securities Administrators (CSA) published final amendments to National Instrument 51-102 Continuous Disclosure Obligations and National Instrument 54-101 Communication with Beneficial Owners of Securities of a Reporting Issuer and related changes to the corresponding companion policies (Amendments), providing non-investment fund reporting issuers the option to follow an alternative “access equals delivery” model (AED Model) to satisfy the delivery requirements in respect of annual financial statements, interim financial reports and related management’s discussion and analysis (MD&A). The Amendments came into force on Sept. 22.

  • 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.”