In-House Counsel

  • November 06, 2026

    Ontario court certifies TD investor class action over alleged AML misrepresentations

    The Ontario Superior Court has certified a class action against TD Bank over allegations that it misrepresented its anti-money laundering (AML) controls, after its main U.S. operating subsidiary and its holding company pleaded guilty to criminal conspiracy to commit money laundering.

  • November 06, 2026

    Legal observers say new Ontario red tape bill would gut public environmental rights

    Legal observers are raising alarm bells about Ontario’s new omnibus red tape bill, saying it will largely eliminate the ability of people to hold the government accountable for decisions that could impact the environment and their communities.

  • November 06, 2026

    Consulted is not verified: The limits of Canada’s beneficial-ownership register

    In the course of their compliance programs, reporting entities must obtain beneficial-ownership information and take reasonable measures to confirm its accuracy. Beneficial-ownership (BO) registers are meant to make the people behind corporations more visible. But what does a register entry actually establish? A recent CorpCentre research report — “Research Report 12 — Who Verified the Beneficial Owner?” — measured what federal public records show across filing histories. Its findings on accuracy and currency may lead you to revise your procedures.

  • November 06, 2026

    Ontario’s non-compete ban and sale-of-business exception may not fit most deals

    In 2020, Dr. Michael Schecter sold his dental practice. A condition of closing was that every associate dentist sign an agreement containing a five-kilometre non-compete. One associate was his father, Dr. Ira Schecter, who had owned the practice until 2014. The father resigned in October 2021, began practising within the five kilometres and argued that Ontario’s new statutory ban on non-competes made the covenant unenforceable. Justice Mohan Sharma held that the ban applies only to agreements made on or after Oct. 25, 2021, and granted the injunction: Parekh v. Schecter, 2022 ONSC 302.

  • November 06, 2026

    When a composite mark is not descriptive: Flowerbx v. Flowers Box London

    The U.K. Intellectual Property Enterprise Court concluded that the trademark FLOWERBX did not designate the kind, quality, quantity, intended purpose, value of the goods or services it was registered for use with. This result seems to be similar to that a Canadian court would reach (Flowerbx Ltd. v. Flowers Box London Ltd., [2026] EWHC 2233 (IPEC)).

  • November 05, 2026

    Prime minister says 2026 federal budget aims at ‘affordability, opportunity, sovereignty’

    Capping bank customers’ liability for unauthorized transactions, extending the ban on foreign ownership of residential real estate and an enhanced capital gains exemption — along with new and stiffer penalties for environmental and fisheries violations — are among the myriad legislative changes the Carney government has proposed in its second budget.

  • November 05, 2026

    Weil Gotshal and Minden Gross: Why law firms are rarely too big to fail

    The news feeds of lawyers and CEOs in North America have recently blown up due to Weil, Gotshal & Manges LLP’s billion-dollar U.S. law firm dissolving seemingly overnight leaving hundreds looking for new work. It seems only yesterday that this happened with Minden Gross and Heenan Blaikie in Canada. When this happens, the speed with which it seems to happen always leaves those reading about it scratching their heads: how is it possible that this could happen to such large firms? Is the legal industry secure? Is it AI, poor culture or something nefarious causing this? If you are an employee or partner at a law firm or a law firm owner, how can you mitigate these risks?

  • November 04, 2026

    Ottawa proposes new search and ministerial powers, offences & penalties targeting financial crimes

    The federal government has unveiled anti-financial-crimes legislation that would, among other things, make it a criminal offence to operate an unlicensed cryptocurrency automated teller machine (ATM) and enable “law enforcement” to search and seize mail.

  • November 04, 2026

    Federal Court upholds $250K in penalties against cannabis promotion company

    The Federal Court has upheld penalties totalling $250,000 imposed on a cannabis marketing company for unlawful cannabis promotion and event sponsorship, rejecting arguments that Health Canada failed to adequately consider the Charter value of freedom of expression.

  • November 04, 2026

    Dentons adds employment and labour partner Laura Mensch

    Dentons Canada has welcomed Laura Mensch as a partner in its employment and labour group in Calgary.

  • November 04, 2026

    Ontario case shows changes to provincial libel law long overdue, lawyer says

    A press secretary for former Toronto mayor Rob Ford has been dealt a victory in his legal fight with a media outlet he claims defamed him, with Ontario’s top court saying a judge had been wrong in her interpretation of provincial libel law.

  • November 03, 2026

    B.C. tribunal rejects X’s $119K costs claim against woman seeking intimate-image deletion

    The B.C. Civil Resolution Tribunal (CRT) has rejected social media platform X’s bid to recover about $119,000 in costs from a woman whose intimate image remains accessible to X users outside Canada after X chose to geofence it rather than delete it as ordered.

  • November 03, 2026

    Bill C-31’s expansion of CRA’s audit powers: The notice of non-compliance and the compliance-order penalty

    Part one of this series set out the current baseline of the Canada Revenue Agency’s information-gathering powers under ss. 231.1 and 231.2 of the Income Tax Act, and the two judicial limits that frame them: Canada (National Revenue) v. Cameco Corporation, 2019 FCA 67 on oral questioning, and Canada (Attorney General) v. Chambre des notaires du Québec, 2016 SCC 20 on solicitor-client privilege.

  • November 03, 2026

    Impact assessment experts urge Ottawa to withdraw Building Canada Strong Act

    A group of more than 100 impact assessment experts is calling on the federal government to withdraw its proposed Building Canada Strong Act, warning it would have “devastating impacts for nature, climate and the well-being of Canadians” if enacted.

  • November 03, 2026

    Norwich, Anton Piller and Mareva orders: Relief for extraordinary circumstances

    In estate litigation, clients often come with a sense of urgency seeking to collect relevant information, documentation and assets. They might need to see a copy of a will that is being withheld unjustifiably. They may suspect that a once joint investment account is being drained by a nefarious sibling. Ultimately, they want to know about and have access to absolutely everything to understand the scale of the estate and to ensure that it does not slip away. There are court orders that can assist with that.

  • November 03, 2026

    IRCC’s new representative penalties are in force, but privilege remains the fault line

    Ottawa’s new administrative monetary penalty regime gives Immigration, Refugees and Citizenship Canada (IRCC) powerful tools against fraudulent and unauthorized immigration representatives. Its express recognition of solicitor-client privilege and Quebec professional secrecy is welcome, but the regime’s legality will ultimately depend on how those protections operate in practice.

  • November 03, 2026

    Cyber breaches at major law firms could expose clients to liability, lawyer warns

    Cyber breaches at major Canadian law firms including McCarthy Tétrault, Davies, Bennett Jones and BLG could have legal consequences for their clients, a cybersecurity lawyer says, including potential liability if personal information held by the firms was compromised.

  • November 02, 2026

    The CRA’s tax audit powers and their judicial limits: Sections 231.1 and 231.2

    The Canada Revenue Agency’s ability to gather information during a tax audit rests on two deceptively short provisions of the Income Tax Act: s. 231.1, the general power to inspect, audit or examine, and s. 231.2, the power to issue a requirement for information or documents.

  • November 02, 2026

    What happens when employers can’t explain why two employees are paid differently?

    Imagine an employee discovering that a colleague with the same job title, similar responsibilities and comparable experience earns $10,000 more a year.

  • November 02, 2026

    The statutory escape hatch: Why CIBC lost where Van Dolder won

    Just when employers thought they could put the antacids back in the medicine cabinet, the Ontario Court of Appeal has delivered another reminder that the wording of an employment contract matters. And, as the Canadian Imperial Bank of Commerce (CIBC) has now discovered, a promise to comply with the law is not necessarily enough to save a termination provision that says something quite different.

  • November 02, 2026

    Ask promptly or not at all: Court declines to compel explanation under s. 40(2) of Arbitration Act

    In AtkinsRéalis Construction (Pacific) Inc. v. Barton Malow Canada Ltd., the Ontario Superior Court of Justice dismissed a motion seeking an order directing the arbitrator to provide an explanation of certain aspects of his merits award.

  • October 30, 2026

    Canadian payroll is not enough: Proving an overseas assignment under PR residency rules

    A Canadian pay statement can be genuine and still prove the wrong point in a permanent resident (PR) residency case. The legal question is not simply who paid the worker abroad, but whether a qualifying Canadian business actually assigned that person to full-time work outside Canada on terms that meet the residency rules. Where the foreign role has no defined end or realistic Canadian position to return to, an employer’s letter may not resolve the problem.

  • October 30, 2026

    Trademark rights adrift: Abandonment and distinctiveness in Sea Tow v. C-Tow

    An abandoned trademark application may leave more than a gap in a brand’s history — it may undermine the owner’s ability to claim priority. The Federal Court of Appeal’s decision clarifies how abandonment affects trademark adoption and confirms that the same test for distinctiveness applies in opposition and expungement proceedings. (Sea Tow Services International, Inc. v. C-Tow Marine Assistance Ltd., 2025 FC 27 and costs at 2025 FC 355 appeal dismissed 2026 FCA 177.)

  • October 29, 2026

    Ottawa plans economic, public safety & intelligence reform under new national security strategy

    Canada must “prepare for all contingencies up to and including war and other worst-case scenarios,” Prime Minister Mark Carney announced as he unveiled his government’s plan to roll out a new national security strategy over the coming year to ensure that the country can “control its own destiny and is resilient in the face of daunting challenges.”

  • October 29, 2026

    Competition Bureau encourages limiting ‘prevalent’ use of non-competes

    In an open letter to provincial and territorial ministers, the interim commissioner of competition is encouraging the limitation of non-compete agreements to create a more competitive labour market.