In-House Counsel

  • 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.

  • July 30, 2026

    Ontario high court looks at labour standards protections and jurisdiction

    Ontario’s Appeal Court has highlighted that labour standards protections still apply if someone’s employer is in another jurisdiction, says the lawyer of a man suing a company in England for wrongful dismissal.

  • July 30, 2026

    Canada launches new Strategic Exports Office to boost global trade

    The federal government has announced the creation of a new Strategic Exports Office (SEO) and related advisory council to support and guide Canadian businesses seeking to expand in international markets.

  • July 30, 2026

    Ontario Immigrant Nominee Program reset: Applicant pathways, employer-led workforce selection

    Ontario has entered a new phase in provincial immigration. In June 2026, the province amended the regulations governing the Ontario Immigrant Nominee Program, closed the former stream structure, and introduced the Ontario Workforce Priority stream as the first phase of a broader redesign intended to align nominations more closely with labour-market demand, employer retention needs and program integrity.

  • July 30, 2026

    A bird’s chirp: Donald Trump’s most recent Canadian tariff

    George Santayana’s famous bon mot “Those who cannot remember the past are condemned to repeat it” is part of a longer passage that is particularly relevant to President Donald Trump’s bizarre conclusion that bad forestry practices in Manitoba should be met with a 50 per cent tariff on Canadian exports to the U.S., to be paid primarily by American importers and consumers.