In-House Counsel

  • May 26, 2026

    Court revives claim against Air Canada improperly struck as champertous

    The Ontario Divisional Court has reinstated an action against Air Canada over a delayed flight, ruling that the Small Claims Court erred in striking as champertous a claim brought by the purchaser of the airline tickets.

  • May 26, 2026

    Ana Badour returns to McCarthy Tétrault as a partner in Toronto

    Ana Badour has rejoined McCarthy Tétrault as a partner in its business law group in Toronto, the firm says.

  • May 26, 2026

    Court orders former OPSEU director to testify in wrongful dismissal case despite NDA

    The Superior Court of Justice, in Kachra v. OPSEU Pension Trust, 2026 ONSC 2092, delivers a pair of rulings for plaintiff-side executive employment lawyers in harassment matters: it makes it fair game during discovery to probe similar complaints from other employees, even if they do not involve their client, and it limits the use of NDAs as a shield to disclosure.

  • May 26, 2026

    Restituted art: Evolution of the legal framework

    During the Holocaust, Nazi Germany and its agents systematically looted approximately 20 per cent of Europe’s art, totalling an estimated 600,000 artworks. Although the restitution of these artworks and other cultural artifacts is very challenging work, the “legal framework” applicable has been evolving over the past few decades to the benefit of the families of despoiled victims.

  • May 22, 2026

    Presale deals in a declining market: B.C. Supreme Court clarifies when buyers can refuse to close

    In a softening real estate market, few disputes become as costly, as quickly, as a failed completion on a presale condominium purchase. In the recent decision in Rhythm Living Ltd. v. Pereira, 2026 BCSC 555, the B.C. Supreme Court confirmed that purchasers cannot readily walk away from a residential transaction simply because negotiated extras remain unfinished or new concerns emerge shortly before closing.

  • May 21, 2026

    N.L. picks lawyer to review privacy, access to information legislation

    Newfoundland and Labrador has tapped a veteran lawyer to conduct a review of the province’s privacy and access to information laws. It was announced May 20 that Keri-Lynn Power will commence a statutory review of Newfoundland and Labrador’s Access to Information and Protection of Privacy Act.

  • May 21, 2026

    Federal Court quashes $421,000 invoice threatening First Nation councillor’s election eligibility

    The Federal Court has quashed a $421,000 invoice issued to a First Nation councillor, ruling that the measure, which could have barred her from seeking re-election, was not properly authorized under the Nation’s governance laws.

  • May 21, 2026

    Five-judge panel overturns Handley Estate rule on undisclosed partial settlements

    A five-judge panel of the Ontario Court of Appeal has overturned the Handley Estate rule, which had required courts to stay proceedings where parties failed to immediately disclose partial settlement agreements that altered the litigation landscape.

  • May 20, 2026

    Foreign criminal non-prosecution orders and Ontario civil litigation: Procedural lessons

    As commercial disputes increasingly cross borders, Canadian courts are more frequently asked to assess the legal effect of foreign judgments, prosecutorial decisions and parallel proceedings arising from unfamiliar legal systems. One recurring question is whether a foreign criminal or quasi-criminal decision should bar subsequent civil litigation in Ontario through doctrines such as res judicata, issue estoppel or abuse of process.

  • May 20, 2026

    Two stumbles forward, one back: Three wise men opine on Churchill Falls MOU after independent review

    Fifty-seven years ago, Hydro-Québec signed an advantageous contract with the Churchill Falls (Labrador) Corp. (CF(L)Co) for a large block of power at $2 per megawatt hour for 75 years. In December 2014, the premiers of Quebec and Labrador announced a proposed transaction for the existing dam plus 3,900-megawatt expansion products. Simultaneously, they released the Churchill Falls Memorandum of Understanding (MOU). The document was not really a memorandum of understanding; it was a pastiche of draft contract sections plus schedules that reflected modelled quantities and prices.