In-House Counsel
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December 12, 2025
CBA warns against undermining courts after B.C. premier’s remarks on ‘toxic’ impact of rulings
Canadian Bar Association president Bianca Kratt has issued a statement calling on governments to avoid statements that damage the legitimacy of courts following B.C. Premier David Eby’s recent comments describing court decisions concerning Indigenous rights as creating “toxic” uncertainty.
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December 12, 2025
Canada’s privacy commissioner emphasizes international collaboration at G7 roundtable
The privacy commissioner of Canada wrapped up his year as host of the 2025 G7 Data Protection and Privacy Authorities Roundtable (G7 DPA Roundtable) this week, highlighting the progress made under the 2025 Action Plan.
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December 11, 2025
Using generative AI in court could add up to penny wise, pound foolish
The rapid advancement of generative artificial intelligence is causing self-represented litigants to use this tool to conduct legal research and build their legal arguments. However, generative AI has not proven to be a panacea for legal research and, in fact, has led both lawyers and self-represented litigants astray with hallucinated cases.
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December 10, 2025
Will relaxed bank regulation help jump-start Canada’s economy?
Canada’s economic growth has slowed in recent years, with business investment lagging and productivity measures falling behind peer economies. Ottawa has hinted that any meaningful revival may need to start with the institutions that have remained resolutely strong: Canada’s major banks.
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December 09, 2025
Federal Protecting Victims Act proposes wide-ranging & some contentious criminal law changes
The federal government has introduced a wide-ranging “Protecting Victims Act,” which proposes, among many things: the expansion of various offences and punishments; new restrictions impacting the current interpretation of the Charter rights of accused persons to speedy trials and to make full answer and defence in sexual assault and other prosecutions; the creation of a number of novel Criminal Code offences; and the effective “restoration” for future sentencing (via a new judicial discretion “safety valve”) of “all” unconstitutional Criminal Code mandatory minimum penalties (MMPs) that were struck down as cruel and unusual punishment by various courts.
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December 09, 2025
Legal problem or leadership problem?
I am going to tell you a story that was told to me by a law firm partner who cannot risk telling it herself.
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December 09, 2025
Ontario Court of Appeal upholds vexatious-litigant order against IP company and officer
The Ontario Court of Appeal has upheld an order declaring a corporation and its sole officer vexatious litigants, citing years of meritless court proceedings, hundreds of thousands of dollars in unpaid costs awards and multimillion-dollar lawsuits that ultimately settled for nuisance-level amounts.
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December 09, 2025
Are Canadian courts fit for purpose?
With the Cowichan Tribes v. Canada (Attorney General), 2025 BCSC 1490 decision, the British Columbia Supreme Court cast aside nearly a millennium of certainty regarding land ownership. It did this by severely limiting the rights inherent to fee simple title. It additionally declared invalid land titles under the province’s Torrens land registry system (undermining the provincial guaranty inherent in Torrens systems). Given the nature of the claim, namely ownership and development of land that occurred in the absence of a formal treaty, this decision has nationwide implications.
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December 09, 2025
Lost trust: How employee post-incident conduct becomes springboard to just cause
Employers hate when I tell them that instead of firing an employee immediately after suspected misconduct, they should conduct a proper, objective investigation that includes confronting the employee and giving them a chance to provide their version of events. After spending far too much of my life studying summary dismissal, I can confidently say that this step is critical in almost every case if the employer wants to defend a cause termination.
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December 08, 2025
After statutory review of 18 groups listed as terrorist entities, Canada removes Syria’s HTS
In light of the political shifts in Syria’s governance following the overthrow of the Bashar al-Assad dictatorship last December, Canada has removed Hay'at Tahrir al-Sham (HTS) from the list of terrorist entities in the Criminal Code.