In-House Counsel

  • August 05, 2026

    Statutory privative clauses are dead

    A unanimous decision of the Supreme Court of Canada has struck down a privative clause that restricted the grounds for judicial review of an exercise of statutory authority: Democracy Watch v. Canada (Attorney General), 2026 SCC 28.

  • August 04, 2026

    Ottawa’s foreign influence registry opens with penalties up to $1M; registration now required

    New legal requirements to register foreign influence activities kicked in today, with the entry into force of the Foreign Influence Transparency and Accountability Act and its regulations. On Aug. 4, the federal government stood up its long-awaited public registry of foreign influence activities, implementing an election promise made by the previous Justin Trudeau-led Liberal government.

  • August 04, 2026

    Law Society of Ontario orders 6-month suspension for misuse of AI

    Rules of professional conduct are an important tool in regulating the ethical conduct of professionals and protecting the public. A professional who chooses to not abide by the rules of their respective profession can face severe sanction, including the revocation of their licence. In the legal profession, the continued misuse of generative artificial intelligence to conduct legal research and assist in the drafting of factums or legal briefs has caused courts worldwide to impose costs sanctions against offending lawyers and to refer them for discipline to their respective regulatory body.

  • August 04, 2026

    Federal labour law update: CIRB interprets new replacement worker restrictions

    The Canadian Industrial Relations Board (CIRB) has released its first merits decision interpreting the new replacement worker provisions under the Canada Labour Code, which were introduced in 2025 through Bill C-58. The decision clarifies that the new rules do not create a blanket prohibition on the use of replacement workers in unionized federally regulated workplaces but instead restrict the use of specified categories of persons during lawful strikes and lockouts.

  • July 31, 2026

    SCC takes deep dive into ‘spoliation’ for the first time in more than a century

    The Supreme Court of Canada has unanimously set out the presumptions, procedure and remedies applicable to litigated claims of “spoliation” — i.e., claims against parties who engage in the “intentional destruction, alteration, mutilation, or concealment of evidence with a view to subverting the truth-finding process during litigation.”

  • July 31, 2026

    From mailbox to SEDAR+: Navigating the CSA’s new access model for continuous disclosure documents

    After years of consultation, proposed rules and stakeholder feedback, the Canadian Securities Administrators (CSA) has finalized a significant shift in how Canadian reporting issuers may communicate their financial results to investors.

  • July 31, 2026

    Due diligence in mergers and acquisitions: Seller considerations

    Due diligence is the process by which the buyer in an M&A transaction investigates and evaluates the business or assets being sold. Buyers typically begin this process early in the transaction and it tends to continue right up to closing day. Sellers, however, do not always turn their minds to the process until they receive due diligence requests from the buyer. Owner-managers are understandably focused on running their businesses, and preparing for a potential sale often takes a back seat. This article outlines the benefits of proactive due diligence for sellers and key considerations to facilitate the process.

  • July 31, 2026

    Canada’s AI strategy sets the stage for growth, governance and data sovereignty

    Artificial intelligence is reshaping economies, industries and the global competitive landscape at an unprecedented pace. Recognizing both the opportunities and the risks presented by this technological shift, the federal government launched Canada’s National Artificial Intelligence Strategy: AI for All on June 4, 2026.

  • July 31, 2026

    First TSX-listed CVRs could pave way for more listings

    The first-ever listing of contingent value rights (CVRs) on a Canadian exchange could establish a pathway for other issuers to use the instruments to bridge valuation gaps in M&A deals, according to Ghaith Sibai of Davies Ward Phillips & Vineberg LLP, who advised on the listing.

  • July 30, 2026

    Privative clause struck down; judicial review for ‘legality’ is constitutionally guaranteed: SCC

    In an administrative law landmark that addresses the scope of the Constitution’s guarantee of judicial review, the Supreme Court of Canada has ruled 9-0 that legislatures cannot validly use privative clauses to bar “legality review” by courts — i.e., the availability of curial review is constitutionally guaranteed for all aspects of delegated administrative decisions, including on questions of law, fact or mixed law and fact.