In-House Counsel

  • May 19, 2026

    Carney announces members of Independent Advisory Board to help select next SCC judge

    On May 19, Prime Minister Mark Carney announced the chair and members of the Independent Advisory Board for the Supreme Court of Canada Judicial Appointments.

  • May 19, 2026

    Commercial real estate insurance: When the lights go out and the policy falls short

    Commercial real estate has become increasingly dependent on technology. Power systems, utilities, data networks and digital infrastructure now play a direct role in whether a building can operate, tenants can remain open and rent continues to flow.

  • May 19, 2026

    Building the perfect divorce bonfire

    In my handy Wilderness Survival Guide, there is a step-by-step guide to building the perfect bonfire. I was reminded of it as I read last week’s Supreme Court of Canada decision in Ahluwalia v. Ahluwalia, 2026 SCC 16, which has created a new tort — the tort of family violence for coercive and controlling behaviour.

  • May 19, 2026

    You don’t get to double-dip: Ontario Court of Appeal clarifies mitigation

    For employment lawyers, failure to mitigate is almost always pleaded by employers, yet rarely succeeds. It remains a frustrating part of wrongful dismissal litigation. Employees are often upset to learn that if they find new work, their income will usually be deducted from what their former employer owes them. Employers, meanwhile, are dismayed by the heavy evidentiary burden they face when alleging failure to mitigate.

  • May 15, 2026

    Professional collaboration: Sleeping with dogs

    “Qui cum canibus concumbunt cum pulicibus sargent,” thus (perhaps) said Seneca: “If you lie down with dogs, you’ll arise with fleas.”

  • May 14, 2026

    Mandatory breach notification requirements under Canadian privacy law

    Canadian private sector organizations are subject to a combination of compliance requirements under federal and provincial privacy laws. These laws share some common features but also some differences. One privacy obligation that varies across jurisdictions is when an organization is required to notify the applicable regulatory authority of a privacy breach event. A privacy breach refers to those events that result in the loss of unauthorized access to, or unauthorized disclosure of, personal information.

  • May 14, 2026

    Canadian cybersecurity certification has three levels: Which one applies to you?

    The Canadian Program for Cyber Security Certification is not a single checkbox. It is a tiered structure, and the level that applies to your organization depends on what information you handle and the nature of the work involved.

  • May 14, 2026

    Unionized, but not united: Employees who seek third-party standing in arbitrations

    Third parties almost never get a seat at the arbitration table, but every so often an employee insists on weighing in against their own union — and is sometimes granted standing to speak or be represented, usually with respect to interests that may be against their union. However, the right to speak may (or may not) come with an obligation to pay arbitration costs.

  • May 13, 2026

    Ontario Appeal Court rejects health care workers’ broad COVID vaccine suit

    Ontario’s highest court has turned back a challenge by more than 400 current and former health care workers who were disciplined or dismissed because of their refusal to receive a COVID-19 vaccine. The workers were challenging the dismissal of their claim by an Ontario Superior Court judge, who said it was both an abuse of process and disclosed no reasonable cause of action.

  • May 12, 2026

    Law society accountability deficit

    The Law Society of Ontario (LSO) has become an exercise in unaccountability.