The Complete Brief
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October 01, 2025
Court of Appeal upholds termination clause
In what is likely the beginning of the tide turning toward the protection of thoughtfully drafted termination clauses that seek to limit exposure to common law damage assessments, the Ontario Court of Appeal recently upheld a termination clause in Bertsch v. Datastealth Inc., 2025 ONCA 379.
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October 01, 2025
Ontario Court of Appeal upholds convictions in baby’s 2016 death
On Dec. 29, 2016, Durham Regional Police responded to a call from an apartment in Oshawa, Ont. Police found a nine-month-old boy, Kaleb McKay, not breathing. Paramedics tried but couldn’t revive the child. A postmortem was conducted and the death was ruled a homicide. The victim died of numerous injuries.
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October 01, 2025
CIVIL PROCEDURE - Actions - Causes of action - Tort v. contractual - Parties - Adding or substituting
Appeal by Pro-Dive of the trial judge’s discretionary order dismissing Pro-Dive’s application to add TechnipFMC Canada Ltd. James Hynes sued Professional Diving Contractors Limited and David Squires for making defamatory statements about him and intentionally interfering with his contractual and economic relations with Technip.
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October 01, 2025
Changes to the Federal Child Support Tables
The new Federal Child Support Guidelines will come into effect on Oct. 1, 2025. Under the Divorce Act, the Federal Child Support Guidelines apply for children of married or formerly married parents. In Ontario, given that the Ontario Child Support Guidelines mirror the Federal Child Support Guidelines, the new Tables will also apply for children of unmarried parents or married parents who are separating and have child support claims under the Family Law Act.
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October 01, 2025
Future is traditional: Traditional ecological knowledge’s transformative potential in Canadian law
Indigenous peoples in Saskatchewan have long cultivated diverse and sustainable land stewardship practices that are integral to their cultural frameworks and relational worldviews. Yet, despite their proven ecological value, traditional ecological knowledge (TEK) remains largely peripheral within provincial environmental policy.
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September 30, 2025
Federal Court of Appeal revives RCMP mental health services negligence class action
The Federal Court of Appeal has revived a proposed class action alleging systemic negligence in the RCMP’s delivery of mental health care, ruling the Federal Court erred in finding plaintiffs conceded that the claims of class members were barred under the Crown Liability and Proceedings Act (CLPA).
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September 30, 2025
‘Claim should not be struck just because it has not yet been recognized’: Ontario Appeal Court
Ontario’s top court has given the green light to a case that will test whether psychiatrists owe a duty of care to people other than their patients.
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September 30, 2025
OSC holds roundtable to discuss draft Action Plan for Truth and Reconciliation
The Ontario Securities Commission (OSC) will be holding a virtual roundtable to “explore and discuss” its draft Action Plan for Truth and Reconciliation. According to a press release issued Sept. 24, the OSC Roundtable: Pathways to Truth and Reconciliation is “one of the last chances to consider the draft” and to provide the commission with comments before the feedback period closes on Oct. 31.
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September 30, 2025
Kathleen Bolger joins McCague Borlack as associate
McCague Borlack has announced that, after summering and articling with the firm, Kathleen Bolger has returned as an associate in its Ottawa office.
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September 30, 2025
Tax considerations for a small business sale
The sale of a business can be done in two ways: either by way of asset sale where the business’s assets are sold, effectively rendering the business an empty shell that only exists on paper, or by share sale where the assets, contracts and licences remain in the business, but the ownership transfers to the buyer.