In-House Counsel
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July 31, 2025
Court enforces contracts despite claims of non-reading, awards $405K in sale-proceeds dispute
The Ontario Superior Court of Justice has reinforced the importance of contract enforceability and limitation periods in a dispute involving the $20.75-million, 2012 sale of a Toronto commercial cleaning and food services company, awarding $405,199 to the plaintiff while rejecting claims that shareholder agreements were invalid due to a lack of understanding.
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July 31, 2025
Challenges to legal decisions using AI are coming: Onus on applicants will be high
The temptation for decision-makers like judges and tribunals to use artificial intelligence (AI) and large language models (LLM) to reach a decision will increase significantly as administrative burdens swell.
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July 31, 2025
Lay-off provision ≠ termination provision, rules Ontario court
In Taylor v. Salytics Inc., 2025 ONSC 3461 (Taylor), the Ontario Superior Court of Justice underscored that a temporary layoff provision in an employment agreement is distinct from a termination provision. The court emphasized a substance-over-form approach, holding that the enforceability of a layoff provision is independent from, and is not affected by, the validity of the agreement’s termination language.
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July 31, 2025
F1 exec Christian Horner’s exit from Red Bull through the lens of Canada’s employment law
Christian Horner, the team principal of Red Bull Racing, was officially “sacked” on July 9, 2025, only three days after the 2025 British Grand Prix. It was an unexpected move and took effect immediately. It marked the end of his 20-year tenure as team principal and CEO. No reason was given for Horner’s departure, so in Canadian employment law terms, he was dismissed without cause.
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July 30, 2025
Ontario Court of Appeal denies intervention in anti-SLAPP case involving developer and citizen
The Ontario Court of Appeal has denied an application by the Toronto-based Centre for Free Expression (CFE) to intervene in a defamation case involving a property developer and a citizen who made corruption allegations on Facebook, in a decision that clarifies the boundaries for intervention in anti-SLAPP appeals.
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July 30, 2025
B.C.’s Infrastructures Projects Act: What’s on the horizon
May 29, 2025, marks the day that Bill 15, also known as the Infrastructure Projects Act (the Act), received royal assent. This follows on the heels of the federal government bringing the Building Canada Act into law with the passing of Bill C-5, intended to create a streamlined approval process for projects designated as “national interest projects.”
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July 30, 2025
Trade tribunal launches expiry review of anti-dumping orders against concrete rebar imports
The Canadian International Trade Tribunal (CITT) has initiated an expiry review of anti-dumping and countervailing duty orders affecting concrete reinforcing bar (rebar) imports from China, South Korea and Türkiye, setting the stage for a comprehensive reassessment of trade protection measures that have been in place for nearly five years.
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July 29, 2025
B.C. Court of Appeal orders specific performance in real estate dispute, clarifies uniqueness test
The British Columbia Court of Appeal has overturned a trial judge’s decision to limit damages in a real estate option dispute, ordering specific performance instead and clarifying when investment properties may qualify as unique enough to warrant the equitable remedy.
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July 29, 2025
Trudeau Liberals increased diversity of federal benches; female jurists made big gains: report
The former Trudeau government’s nine-year push for diversity in federal appointments since 2016 saw big progress for female jurists — who now make up 49 per cent of all federally appointed judges — along with significant gains for jurists who self-identify as Indigenous, racialized, ethnic, 2SLGBTQI+ or as having a disability, according to the latest information from the Office of the Commissioner for Federal Judicial Affairs.
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July 29, 2025
Norwich orders: A powerful tool for third-party disclosure
Imagine finding yourself in a situation where you wish to pursue legal recourse, but you hit a wall trying to identify the responsible party, secure critical evidence or locate assets. These situations might include where an anonymous person has taken money from your bank account or has been posting defamatory content about you online. In these circumstances, the information you need to identify this anonymous person is likely held by a third party, such as a bank or internet service provider, who may not be at liberty to simply hand over the information.