In-House Counsel
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January 21, 2026
FCA rejects Ottawa’s ‘expansive’ view of cabinet authority to wield ‘draconian’ emergency powers
In a case that might land on the steps the Supreme Court of Canada, the Federal Court of Appeal has ruled unanimously that the federal cabinet wrongly invoked the Emergencies Act to declare a national “public order” emergency in 2022.
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January 21, 2026
Family agreements, part one: Governance of multigenerational family businesses
The lifecycle of an owner-managed business can vary significantly. In some instances, the owner-manager may choose to sell the business or wind it up when they retire. Conversely, the owner-manager may instead choose to transition the business to the next generation, maintaining it as a family enterprise. Where the business is to be transitioned to the next generation, effective succession planning is essential. As part of such succession planning, a family shareholders’ agreement (a “family agreement”) often serves as the “family rule book.”
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January 21, 2026
B.C. court bars franchisor from blocking sale over related company’s debt
A B.C. Supreme Court judge has ordered a franchisor to release part of franchise sale proceeds held in trust, finding it had no legal basis to withhold consent to a sale until the resolution of a dispute concerning an alleged debt owed by a separate, related corporation.
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January 20, 2026
B.C. court finds retroactive share repurchase at low valuation unfair to former employees
The B.C. Supreme Court has held that the retroactive amendment and application of shareholder agreements to compel the repurchase of shares held by former employees under a stock option plan was unfairly prejudicial, and ordered the company to pay more than US$100,000 in compensation.
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January 20, 2026
Manitoba launches security fund for cultural groups, places of worship
Following a handful of recent hate-related incidents, Manitoba’s government is launching a $1-million fund for cultural groups and places of worship to enhance safety and security.
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January 20, 2026
Das Kapital and the making of Canadian employment law
Karl Marx’s Das Kapital remains one of the most influential critiques of industrial capitalism. Although Canada has never adopted a Marxist economic model, the themes articulated in Das Kapital have indirectly shaped the trajectory of Canadian employment law.
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January 19, 2026
Avoiding U.S. immigration pitfalls
Requesting immigration status at the border or filing for an immigration benefit with the U.S. government has many pitfalls and challenges, many of which can be avoided with careful planning and strategic decision-making. Some of the best ways to avoid immigration pitfalls include the following:
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January 16, 2026
SCC’s packed winter session features momentous appeal on Charter s. 33 override provision
The Supreme Court of Canada began hearings in its very busy winter session this week, which features a potentially watershed constitutional appeal and the surprise announcement that Justice Sheilah Martin, the court’s senior western judge, will retire next spring.
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January 16, 2026
Ford, Unifor warn China EV deal risks jobs as canola sector cheers
Ontario Premier Doug Ford and trade union Unifor are warning that Ottawa’s decision to open the Canadian market to Chinese electric vehicles (EVs) threatens domestic jobs, even as canola producers welcome tariff relief restoring access to the Chinese market.
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January 16, 2026
N.B. opening anti-racism office, launching website
New Brunswick’s Liberal government is opening an anti-racism office to promote “equity and inclusion” in the province — and is now stating it has completed a little more than half the recommendations made in a commissioner’s report on the prevalence of systemic racism.