In-House Counsel

  • October 06, 2026

    Office of the Privacy Commissioner: Guidance for contracting with service providers

    The federal Office of the Privacy Commissioner has issued a draft guidance document addressing best practices for organizations contracting with third-party service providers. By its title, “Guidance on Assessing Third-Party Service Providers,” the guidance suggests that it should be used by organizations in assessing the qualification of a potential service provider — the due diligence requirement. However, in the broader context, it may be understood as addressing not only the due diligence aspects but also the contracting requirements for organizations’ service provider relationships.

  • October 06, 2026

    When the vendor walks: Quebec buyer’s limited remedies at letter of intent stage

    The vendor signed a letter of intent, opened its books for due diligence, then walked away without explanation — or, worse, sold to a third party. The buyer, meanwhile, has incurred tens of thousands of dollars in professional fees. What can he do? In Quebec, the answer is rarely as favourable as the buyer hopes. Specific performance of the sale is possible in theory, but legal and practical obstacles make it exceptional. In most cases, a claim for damages remains the only realistic avenue.

  • October 06, 2026

    Anti-Zionism can be antisemitic. That doesn’t make it antisemitism

    Antisemitism is real and dangerous. Jewish Canadians should not have to conceal their identity, fear entering a synagogue or endure harassment because they are Jewish. Governments have an obligation to confront it.

  • October 05, 2026

    Ontario Appeal Court revives indemnity claim against business purchaser

    The Ontario Court of Appeal has overturned a finding that former business owners had not provided personal guarantees covered by the purchaser’s indemnity agreement, ruling that the motion judge focused too narrowly on the loan’s wording instead of the commercial context of the relevant agreements.

  • October 02, 2026

    Supreme Court kicks off busy fall session with new judge from the west and impressive new digs

    The Supreme Court’s fall session is packed with interesting appeals in diverse areas of law including class actions, contracts, Crown immunity and Charter rights. The top court’s session begins Oct. 5 with an “opening of the court” ceremony in the West Memorial Building at 344 Wellington Street in Ottawa.

  • October 02, 2026

    Court denies law firm access to nearly $777K in frozen funds over incomplete disclosure of assets

    An Alberta court has denied lawyer Jeffrey Rath and his professional corporation, whose assets are frozen under a Mareva injunction, access to nearly $777,000 for living expenses and legal fees.

  • October 02, 2026

    Dissolved without notice: The creditor gap in administrative strike-offs

    Canadian corporate law devotes 22 sections of the Canada Business Corporations Act (Part XVIII) to winding up a corporation in detail: liquidation, creditor claims, distribution of property and, where necessary, court supervision.

  • October 02, 2026

    Paycheck protection loans: U.S. companies with foreign affiliates at risk for clawback, repayment

    The False Claims Act allows the U.S. government to pursue civil lawsuits to recover treble damages, interest, penalties and legal fees when a borrower knowingly or recklessly submits a materially false statement to induce the government to provide a financial benefit (i.e., a Paycheck Protection Program (PPP) loan and forgiveness).

  • October 02, 2026

    New England Clean Energy Connect: Findings and recommended clarifications

    1. Principal findings

  • October 02, 2026

    Seeing is no longer believing: Deepfakes in criminal trials

    A single underscore sent an innocent man to prison. In a child sexual abuse material investigation, police were looking for “fus__ro_dah.” But they sought records for “fus_ro_dah.” That was Brandon Klayme’s username. One missing underscore sent the investigation to the wrong person. The discrepancy went unnoticed at trial. Klayme was wrongfully convicted and spent 18 months in custody before the Nova Scotia Court of Appeal declared him factually innocent in R. v. Klayme, 2026 NSCA 59.

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