BLG law firm

More than 50 years after Highway Properties Ltd. v. Kelly, Douglas and Co. Ltd. established the modern framework for commercial landlord remedies, Canadian courts are revisiting how far those remedies extend in current leasing disputes. This past March the Ontario Court of Appeal in Highbury Narrows Ltd. v. LAF Canada Company considered whether specific provisions of a lease limit a landlord’s ability to recover prospective rent after termination. In Highbury,…

Background In March 2026, Alberta’s Premier and Minister of Energy and Minerals attended CERAWeek, one of the world’s leading energy conferences, where they signaled the Government of Alberta’s intention to accelerate the regulatory approval process and position the province as a reliable alternative to unstable global energy sources. Shortly thereafter, on April 14, 2026, the Government of Alberta tabled Bill 30, the Expedited 120-Day Approvals Act (Bill 30). Regulatory approvals…

On April 10, 2026, the Supreme Court of Canada (SCC) clarified procedural rules and provided guidance on the evidentiary burden for seeking the annulment of a declaratory judgment of death. The Court confirmed that the declaratory judgment of death, also called a declaration of death, is a fiction that has to yield to evidence of the return of a person, and explained what this return meant within the meaning of…

Despite early optimism, 2025 was a mixed year for Canadian M&A. The aggregate value of deals rose by over 70 per cent to approximately C$530 billion between 2024 and 2025. However, the overall number of deals dropped around 8 per cent, from 2,673 deals in 2024 to 2,454 deals in 2025.1 A key constraint facing the M&A market, and one that persists in the early part of 2026, is the…

Data sovereignty has re-emerged as a central concern for Canadian organizations navigating an increasingly complex geopolitical and regulatory environment. At present, the underlying concern involves the power of U.S. government authorities, through the 2018 U.S. Clarifying Lawful Overseas Use of Data Act (CLOUD Act), to access the personal information of Canadians. At its core, the issue of data sovereignty raises a practical and pressing question: to what extent can foreign…

The Canadian Investment Regulatory Organization (CIRO) released its latest annual compliance report (the Report) which details areas of focus for CIRO-regulated dealers in 2026 and beyond. As always, we encourage firms to use the Report as a checklist to conduct a gap analysis of regulatory and compliance priorities. Where Dealer Members may wish to focus In anticipation of CIRO’s enhanced focus on the following topics in upcoming CIRO dealer member…

Venture issuers who meet certain conditions and criteria can now file financial statements and related MD&A on a semi-annual basis (the SAR Pilot) under the Canadian Securities Administrators’ (CSA) new Coordinated Blanket Order 51-933 – Exemptions to Permit Semi-Annual Reporting for Certain Venture Issuers (the Blanket Order). The Blanket Order introduces a voluntary pilot project that is intended to reduce the regulatory burden and costs associated with frequent interim reporting…

Canada’s unique regulatory environment can present opportunities and challenges for U.S. firms looking to offer their funds or services to Canadians. Even the simple task of marketing your fund to a Canadian investor can put you offside Canadian securities law if you do not have a dealer that is authorized or exempt in the relevant jurisdiction of Canada with you at the pitch meetings. Exemptions from Canadian dealer, adviser and…

Bill 97 (the Plan to Protect Ontario Act (Budget Measures), 2026) will introduce significant amendments to Ontario’s freedom of information and privacy framework by updating both the Freedom of Information and Protection of Privacy Act (FIPPA) and the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA). For municipal institutions, school boards, colleges and universities, hospitals, and Crown agencies, these reforms are best understood as a legislative response to…

On March 23, 2026, the Ministry of Public and Business Service Delivery and Procurement published two regulations under the Enhancing Digital Security and Trust Act, 2024 (EDSTA). O. Reg. 51/26 (Cyber Security) and O. Reg. 52/26 (Digital Technology Affecting Individuals Under Age 18) will both come into force on July 1, 2026. These regulations impose new governance, reporting, and transparency obligations on a broad range of Ontario public sector institutions,…

On March 26, 2026, Bill C-15 (Budget 2025 Implementation Act, No. 1) received Royal Assent, bringing into force significant amendments to Canada’s transfer pricing rules under section 247 of the Income Tax Act. These changes have been anticipated since Budget 2025 was released in November 2025, but Royal Assent marks the point at which the proposals become binding law and provides certainty as to how transfer pricing audits and disputes…

Entire agreement clauses are often treated as a contractual safety net: once the definitive agreement is signed, prior drafts, negotiations, and understandings are meant to fall away. Courts have long recognized limited exceptions to that rule, most notably the use of surrounding circumstances as part of the factual matrix to resolve genuine ambiguity in the contract’s language.  In Project Freeway Inc. v ABC Technologies Inc., 2025 ONCA 855, the Ontario…

In January 2025, former Federal Minister of Health, the Honourable Mark Holland, released a Letter to provinces and territories on the importance of upholding the Canada Health Act – 2025. We wrote about it here. In short, Minister Holland released an interpretation of the Canada Health Act (CHA) that charging patients for services provided by any health professional that are typically covered by the province when delivered by a physician,…

The Reporter provides a monthly summary of Canadian federal legislative and regulatory developments of relevance to federally regulated financial institutions. It does not address Canadian provincial financial services legislative and regulatory developments. In addition, purely technical and administrative changes (such as changes to reporting forms) are not covered. February 2026 Published Title and Brief Summary Status (if applicable) Office of the Superintendent of Financial Institutions (OSFI) February 26, 2026 Targeted…

Overview The Ontario Pay Equity Act requires private sector employers to establish and maintain compensation practices that provide for pay equity in their establishment(s). For most employers, this requirement is triggered  on the day they hire or hired their tenth employee. To meet the minimum requirements and to show that pay equity has been achieved, employers MUST have carried out each of these activities for each of their establishments: Determine…

On March 10, 2026, the Ontario Court of Appeal released its decision in Bellefeuille v Tamarack Developments Corporation (Tamarack Homes), 2026 ONCA 170. The decision confirms that moving promptly to set aside the dismissal is not necessarily sufficient to save the action. The plaintiff must put forward cogent evidence to explain the delay. The decision also confirms that the primary responsibility for an action’s progress lies with the plaintiff. Background…

Trade negotiations are in the air, everywhere you look around. They are launched, paused, restarted and concluded. Agreements are reached, then rescinded, ignored or revivified. This past year, the public airwaves have featured more mention of tariffs and negotiations and trade deals than the last thirty years combined. Not since 1988, the year when an entire election was fought over free trade with the United States, has “trade” been a…

In this article, we take a step back to reflect on the developments that shaped the recent AI landscape in Canada and highlight the emerging trends organizations should focus on in 2026. Grouped under overarching themes, BLG lawyers selected the most important insights from the past year to offer a clear overview of what to anticipate for this year along with actionable takeaways. This complements BLG’s 2025 Privacy and Cybersecurity…

PTAS recommends 17 policy directions aimed at addressing growing municipal tax arrears in the oil and gas sector On March 16, 2026, the Government of Alberta, along with the Alberta Energy Regulator (AER), and municipal stakeholders released a report titled the Property Tax Accountability Strategy (PTAS) Final Report (the Report). The Report is the final report of the Property Tax Accountability Strategy (PTAS), which is a working group comprised of…

A month ago, the Supreme Court of the United States ruled that the International Emergency Economic Powers Act (IEEPA) does not authorize the president to impose broad‑based tariffs, a decision outlined in our recent insight. But that was never expected to be the end of the tariff story. And it was not. Four days after the ruling, President Trump implemented a 10-per-cent worldwide tariff under Section 122 of the Trade Act…

In Sienna v. Duckett, 2025 ONCA 867, the Court of Appeal allowed the plaintiffs leave to amend their claim against the Attorney General of Canada relating to an alleged failure to properly administer regulatory oversight in issuing firearms licences under the Firearms Act. Background In 2019, Nikkolas Sienna called the police to report that he and his family were concerned about the erratic behaviour of their neighbour, Mark Duckett. Following…

If you are a consumer-facing business in the United States or are in the field of advising them on privacy matters, you are aware of the importance of privacy and data protection compliance. Despite this awareness, too many companies and counsels tend to overlook the need to consider Canadian privacy laws when engaging in cross-border commercial transactions, also overlooking that Québec privacy law has a strict regime comparable to the…

There are many Canadian tax benefits associated with starting a business in a corporation created under Canadian federal or provincial law, which is a necessary (but not sufficient) condition for a corporation to qualify as a “Canadian-controlled private corporation” (CCPC): CCPC status is one of the requirements for a corporation’s shares to constitute “qualified small business corporation shares”, which Canadian-resident individuals may claim the lifetime capital gains exemption (LCGE) of…

Employers in Ontario are increasingly operating in a termination landscape that feels uncertain. A recent Ontario Superior Court (the Court) decision, Adelman v. IBM Canada Limited (Adelman), illustrates how common‑law notice exposure, discretionary compensation, and equity‑based incentives can intersect to produce significant liability where contractual protections are absent or unclear. While the case involved a senior executive at a large organization, the Court’s reasoning has broader implications for employers managing…

The First Home Savings Account (FHSA) emerged as a federal policy response to the growing housing affordability challenges faced by first time home buyers, particularly younger Canadians. Legislation establishing the FHSA received royal assent in late 2022, formally embedding the account into Canada’s registered savings framework. Since its launch, the FHSA has been administered by the Canada Revenue Agency (CRA) who has provided guidance via interpretive updates and technical clarifications.…

Since COVID-19, remote and hybrid work have permanently reshaped where people work, leading to real tax consequences for employers. On Nov. 19, 2025, the Organisation for Economic Co-operation and Development (OECD) released updates to the Model Tax Convention and its Commentary, introducing a clearer framework for assessing when a remote employee's home office may constitute a "permanent establishment" (PE) of their employer in another jurisdiction. Canadian organizations with cross‑border workforces…

Over the past few years Canada has introduced a series of “clean economy” investment tax credits (ITCs) designed to support Canada’s transition towards a net-zero economy by 2050. These new ITCs (described here) represent a major tax policy expenditure by the Canadian government, with tax credit rates as high as 60 per cent of qualifying expenditures. The general rule for claiming clean economy ITCs in any given taxation year is…

If you are a consumer-facing business in the United States or are in the field of advising them on privacy matters, you are aware of the importance of privacy and data protection compliance. Despite this awareness, too many companies and counsels tend to overlook the need to consider Canadian privacy laws, especially when engaging in cross-border commercial transactions, and overlooking at the same time Québec privacy law which has a…

Background Subject to Royal Assent of Bill 2 and final regulations, effective Oct. 1, 2026, British Columbia will expand the provincial sales tax (PST) to apply to several professional services commonly used in commercial real estate. As a result, buying, selling, managing, and developing commercial properties, such as office, retail, and industrial buildings, will generally become more expensive across B.C. Analysis What changed BC Budget 2026 expands the scope of…

BC privacy commissioner’s findings that facial recognition software company, Clearview AI, contravened privacy laws upheld on appeal On Feb. 18, 2026, the Court of Appeal for British Columbia issued its decision, Clearview AI Inc v British Columbia (Information and Privacy Commissioner), 2026 BCCA 67 (the BC  Appeal Decision) in which it upheld the Office of the Information and Privacy Commissioner of British Columbia’s (the Commissioner) decision (Order P21-08) (the OIPCBC…

The Federal Financial Institutions Legislative and Regulatory Reporter provides a monthly summary of Canadian federal legislative and regulatory developments of relevance to federally regulated financial institutions. It does not address Canadian provincial financial services legislative and regulatory developments. In addition, purely technical and administrative changes (such as changes to reporting forms) are not covered. January 2026 Published Title and Brief Summary Status (if applicable) Office of the Superintendent of Financial…

On Feb. 17, 2026, the Government of Canada released the latest iteration of Canada’s national defence strategy, Security, Sovereignty and Prosperity: Canada’s Defence Industrial Strategy (the Strategy), which follows a commitment in Budget 2025 to invest $81.8 billion into the Canadian Armed Forces by 2030, and institutional efforts to facilitate a Canada-focused approach to defence procurement. The Strategy is centered upon a “Build-Partner-Buy” framework that prioritizes domestic procurement in areas…

On February 20, 2026, the U.S. Supreme Court issued its decision in Learning Resources, Inc. v. Trump, holding that the International Emergency Economic Powers Act (IEEPA) does not authorize the U.S. President to impose broad based import tariffs. The ruling provides authoritative guidance on the limits of executive power in the trade context and has direct implications for businesses subject to U.S. tariffs, including Canadian exporters and importers. Key holdings…

Artificial intelligence–powered medical scribe tools (AI scribes) are increasingly used by Canadian health organizations to reduce documentation workload. In response, privacy regulators in Ontario, British Columbia, and Alberta have issued guidance on their lawful use under provincial health-privacy laws. The scope of the new guidance varies by province. In Ontario and Alberta, it applies broadly to health information custodians as defined under PHIPA and the HIA, including hospitals, clinics, and…

Some tropes should be retired because they’ve become hackneyed clichés. Others should be set aside because they are almost always inapposite. Then there is the “Mother of All” trope – risible when it was first uttered; tragic given the consequences; and ridiculous in the light of what happened to its progenitor. And yet, against all logical odds and historical sense, it persists. So it was that European Commission President Ursula…

On Feb. 18, 2026, the Supreme Court of Canada (SCC) will hear Aphria Inc. v. Canada Life Assurance Company, et al. The issue before the SCC sits at the intersection of commercial leasing doctrine and mainstream contract law: when a tenant repudiates a commercial lease and vacates, can the landlord “do nothing,” keep the lease alive, and sue for rent as it falls due without any duty to mitigate? We…

Recent media investigations into the practices of medispas, beauty clinics, and other health and wellness services in Ontario underscore the need for healthcare providers and business owners to have robust quality and safety controls in place to ensure the wellbeing of their clients and to minimize regulatory and other legal repercussions. As the health and wellness space becomes increasingly popular, resulting in increased demand for services and new opportunities for…

On Jan.7, 2026, the Ministry of Energy and Mines released a proposal (ERO 026-0019) to bring forward an order in council and Minister’s directive pursuant to Section 25.32 of the Electricity Act, 1998 that would direct the Independent Electricity System Operator’s (IESO) to undertake a competitive procurement process and enter into a procurement contract with a transmitter to develop and construct the Toronto Third Line project with an in-service date…

The Canada Revenue Agency (CRA) has announced a major change to the goods and services tax/harmonized sales tax (GST/HST) treatment of mutual fund trailing commissions (Trailing Commissions). Effective July 1, 2026, Trailing Commissions will be treated as taxable supplies, reversing the CRA’s long-standing position that these payments were in respect of exempt financial services. This change will have significant implications for mutual fund managers (Managers), dealers, and advisors, including new…

The Civil Rules Review Working Group’s Final Policy Report (the Final Report) was released on December 15, 2025, following extensive stakeholder consultation. The report builds on earlier reform proposals and continues to recommend sweeping changes to Ontario’s Rules of Civil Procedure, aimed at faster, more proportionate, and court-driven adjudication. If implemented, the proposals would significantly alter the civil litigation landscape in Ontario. Key proposals include: From a two-track process to…