In-House Counsel

  • November 05, 2025

    Arbitration appeals: Why ‘final’ might be the last word

    The principle of finality in arbitration is not merely aspirational. The Ontario Superior Court’s decision in 2501373 Ontario Inc. v. Selfe, 2025 ONSC 5216 confirms that, in Ontario, using the phrase “final and binding” in an arbitration clause may foreclose appellate review, even on questions of law. Where appeals are available on legal questions but leave is required, the would-be appellant must identify an extricable question of law — and courts do not readily extract legal issues from arbitral findings.

  • November 05, 2025

    Regulatory bodies should keep to their lane

    Regulatory bodies exist to serve the public interest by enforcing laws, upholding professional standards and ensuring fair processes within the sectors they oversee. Their legitimacy rests not on popularity or political influence but on trust, neutrality and the perception of impartiality. When regulators take public positions on political issues, they risk undermining these foundations.

  • November 05, 2025

    Canada’s 2026-2028 Immigration Levels Plan: Sharp temporary cuts, permanent stability

    Canada’s 2026-2028 Immigration Levels Plan, announced in Budget 2025, represents a decisive policy U-turn, recalibration after years of record population growth under the former Trudeau government.

  • November 04, 2025

    P.E.I. unveils five-year $1.6B capital plan for hospitals, schools and housing

    The government of Prince Edward Island has unveiled plans for $1.6 billion in infrastructure investments in its 2026-27 capital budget presented to the province’s legislative assembly on Nov. 4.

  • November 04, 2025

    Brain fog and other long COVID problems in the workplace

    The pandemic may not be on many people’s radars these days, but those with long COVID continue to struggle with a serious illness that is often misdiagnosed, frequently dismissed and not fully understood.

  • November 04, 2025

    When the soul suffers: Why moral injury should be compensable in law

    It is a curious paradox of modern professional life that physical injury is readily compensable and psychological injury is increasingly actionable, yet wounds of conscience remain invisible to the law.

  • November 03, 2025

    B.C. Court of Appeal upholds BMO class action over underpaid vacation, holiday pay

    The B.C. Court of Appeal has upheld certification of a class action against the Bank of Montreal over allegations that it systematically underpaid statutory vacation and holiday pay to certain groups of employees.

  • November 03, 2025

    Alberta’s digital awakening: Reclaiming trust in the age of data

    When Alberta ushered in its Access to Information Act and Protection of Privacy Act on June 11, it wasn’t just swapping one set of bureaucratic tools for another. It was, in truth, embarking on a quiet revolution; a statement that the province intends to govern not only with efficiency, but with empathy in an age where information is power.

  • November 03, 2025

    Can Canada attract U.S.-bound talent?

    Highly educated immigrants, particularly those trained in STEM fields (science, technology, engineering and mathematics), are widely acknowledged as drivers of innovation, productivity and economic growth in advanced economies. Both Canada and the United States have invested heavily in attracting such talent. Yet Canada, despite being one of the most successful countries in attracting university-educated newcomers, has struggled to translate their educational credentials into equivalent labour-market outcomes as the United States.

  • November 03, 2025

    From Aroma to Dhaliwal: Lessons on arbitrator’s contracts in ad hoc arbitration, part two

    As we discussed in the first article of this two-part series, the culture of ad hoc arbitration remains stronger than institutional arbitration in Canada. The Ontario Court of Appeal’s recent decision in Dhaliwal v. Richter International Ltd., 2025 ONCA 522 (Dhaliwal), released on July 15, 2025, once again brought Aroma Franchise Company, Inc. v. Aroma Espresso Bar Canada Inc., 2024 ONCA 839 (Aroma) back into focus.

Can't find the article you're looking for? Click here to search the In-House Counsel archive.