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In Knisley v Canada (Attorney General), 2025 ONCA 185, the Court of Appeal was asked to consider whether a motions judge hearing a certification motion can conditionally certify a class proceeding where neither the parties nor the court at the hearing can provide a workable class definition capable of satisfying s. 5(1)(b) of the Class Proceedings Act, 1992 (CPA). The Knisley class action was brought on behalf of veterans who…

In the recent decision of Capital Land Services Ltd. v Revitalize Energy Inc. (Revitalize Energy),1 the Alberta Court of King’s Bench (the Court) declared a mineral top lease invalid based on the law of statutory illegality, and applied remedies under the Land Titles Act (LTA)2 to undo steps taken in reliance on the invalid top lease. Background In 2011, Scott Land Co. (Scott) and the County of Vermilion River (the…

In Chemtrade Electrochem Inc v Superior Plus Corporation, 2025 ABCA 31, the Court of Appeal of Alberta set aside a trial judgment of $25 million based on the lower court’s palpable and overriding error related to the court’s interpretation of a “Reverse Terminating Fee.” The Court of Appeal held that trial judge’s findings were based on the parties’ subjective intentions rather than the words of the agreement. The Court of…

A new list of the occupations eligible to the facilitated Labour Market Impact Assessments (LMIA) process required for issuance of work permits under the Temporary Foreign Worker program for foreign workers destined to the province of Québec was issued by the Ministère de l’immigration, de la Francisation et de l’Intégration (MIFI) on Feb. 24, 2025. Québec-based employers must take good notice of the reduction of occupations eligible to the facilitated…

When two or more putative class proceedings are commenced and involve the same or similar subject matter and some or all of the same proposed class members, a representative plaintiff may, if they are unable or unwilling to cooperate with the other representative plaintiffs, move to have the court determine which proceeding would best advance the claims of the class (i.e. a carriage motion). A carriage motion is a procedural…

Alberta’s Bill 32: Financial Statutes Amendment Act, 2024 (Bill 32), received royal assent (i.e., passed into law) on December 5, 2024. Bill 32 came into force on January 1, 2025 and contained a suite of amendments to various pieces of legislation including the Alberta Personal Income Tax Act, which determines the rate of provincial taxes for residents of Alberta.1 Prior to the creation of the new tax bracket in the…

Canada’s legislative framework governing competition/antitrust, foreign investment, and consumer protection  has undergone a seismic shift between 2022 and 2025, with further changes to come, reflecting a broader push to strengthen enforcement, protect national interests, and adapt to modern economic challenges.  The impact of these changes is now subject to the additional challenges facing the Canadian economy arising from the unprecedented approach to trade conflict with the U.S. – and the…

On March 22, 2025, the Government of Canada launched a public consultation on possible trade measures to protect against the threat of diversion of steel and aluminum products from third countries into the Canadian market. The move is in response to what the government considers severe overcapacity in the global steel market (worsened by recent U.S. tariff measures), artificially depressing prices and threatening domestic industry. Background Pursuant to section 232…

The Alberta Court of Appeal’s (ABCA) recent decision in Xemex Contracting Inc. v. Aspen Properties (Northland Place) Ltd., 2025 ABCA 49, serves as a reminder that not all work performed for a tenant will provide a “direct benefit” to the landlord, nor will it necessarily render the landlord’s fee simple interest in the land “vulnerable” to liens. Contractors performing work on leased properties, who wish to preserve their right to…

The Ontario Superior Court of Justice recently released its decision on a vexatious litigation application in Lenczner Slaght LLP v. Glycobiosciences Inc et al, 2025 ONSC 829. The law firm, Lenczner Slaght (Lenczner), brought an application pursuant to section 140 of the Courts of Justice Act to declare both the corporation and its director vexatious litigants. Background The respondents on this vexatious litigant application were Glycobiosciences Inc. (Glyco), an Ontario…

Psychological safety and mental health in the workplace In the last article in our series covering The U.S. Tariff Effect, we reviewed health and safety considerations of a reduced workforce. This is a continuation of that article, focused on psychological safety and the mental health of the workplace. Provinces across Canada are recognizing the impact of psychological safety to protect against mental health issues and illness in the workplace that…

Data centres are a crucial part of modern digital infrastructure, facilitating cloud computing, artificial intelligence, and global data storage. As demand for data processing increases, the construction of large-scale data centres is accelerating. Canada, with its cool climate, vast and accessible land mass, and stable energy supply, has become a key location for these projects. However, the development and operation of data centres present unique challenges. These large, complex projects…

The Ontario Superior Court of Justice recently released its decision in Cox et al v Ball et al, 2025 ONSC 199, declining to grant summary judgment to a municipality and a pub arising out an assault by one hockey player on another during a local tournament. This decision highlights the difficulties sometimes faced in resolving intentional tort claims on a summary basis, notwithstanding the high bar that a plaintiff must…

In 2021, we published an article to celebrate the 30-year anniversary of the launch of the first exchange-traded fund (ETF) in Canada. At that time, the global economy was at a vulnerable point, navigating the uncertainty which came with the COVID-19 pandemic. ETFs played an important role in the overall stability and resilience of the Canadian markets, providing transparency, price discovery and liquidity to investors seeking some certainty. Fast-forward to 2025,…

On March 26, 2025, the city council of the City of Toronto (the City) unanimously adopted Mayor Chow’s 10-point plan (the Plan) to respond to U.S. tariffs. Two points come into contact with international trade considerations. Proposed measures First, procurement. The Plan proposes the following changes to the City’s procurement practices: Limiting bidding on certain City contracts to Canadian companies for values below approximately $350,000 for goods and services and…

Registration changes for Ontario investment dealers, mutual fund dealers and futures commission merchants Effective April 1, 2025, the Ontario Securities Commission (OSC) will delegate certain registration functions to the Canadian Investment Regulatory Organization (CIRO). The changes will affect firms registered in Ontario in one or more of the following categories, and the individuals acting on their behalf (collectively, the Delegated Categories): Investment dealer Mutual fund dealer1 Futures commission merchant The…

The Autorité des marchés financiers (AMF) is introducing key regulatory amendments aimed at simplifying and modernizing the certification process for insurance and mortgage brokerage representatives in Québec. These changes will streamline licensing requirements and enhance flexibility in the conduct of the probationary period for representatives in insurance of persons, group insurance of persons, damage insurance, claims adjustment and mortgage brokerage. The amendments, introduced through the Regulation to amend the Regulation…

Board diversity remains a key consideration in Canada despite changing views in the United States. Cross-listed issuers may want to exercise caution in their disclosure approach. Takeaways Proxy advisors, institutional investors and other stakeholders in the United States (U.S.) have rescinded or changed their policies for public companies with respect to diversity on boards and among senior management. To date, Canadian proxy voting guidelines published by proxy advisors and institutional…

Given updated guidance from Public Safety Canada (PSC), some businesses that prepared reports on forced labour and child labour in their operations and supply chains in 2024 may not need to report in 2025. Takeaways PSC’s updated guidance has clarified the meaning of “assets” and the types of activities that will trigger a reporting obligation under the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the Supply…

While the topic of U.S. tariffs has dominated recent headlines and turned the attention of business leaders and legal advisors to supply chain matters, often there are more basic legal considerations at play that are not adequately scrutinized by those carrying out cross-border business: basic contractual terms respecting unforeseeable events, which can be significantly impacted by applicable law governing supply agreements, purchase orders, bills of lading and other legal documentation.…

Consumer protection laws in Canada consist of a combination of federal, provincial, and territorial legal requirements that businesses must follow when contracting with consumers. Within supply chains, consumer protection issues can arise at various stages, including the manufacturing process, where companies must ensure product safety and compliance with regulatory standards. Businesses must also adhere to legal requirements related to product labelling, marketing, and advertising to provide accurate consumer disclosures, as…

Driven by the development of AI and other technologies, companies are gaining increasing ability1 to access and extract volumes of information from various online sources across jurisdictions. The ease and far-reaching capabilities of these data extraction or “scraping” tools give companies a competitive advantage that is enticing. With this ability, however, comes responsibility, particularly where personal information is concerned and regardless of whether the company is a foreign entity. The…

The Affordable Housing and Groceries Act (Bill C-56), which came into force on Dec. 15, 2023, and Bill C-59, which received Royal Assent on June 20, 2024 included sweeping amendments to the abuse of dominance provisions (s.79) and the civil anti-competitive agreements provisions (s.90.1) of the Competition Act (Act) which are forcing parties to consider new factors in negotiating the terms of various real estate agreements nationwide. A clear impetus…

This article is an update to "Failure to launch: CIPO’s modernization efforts cause patent delays". In July 2024, the Canadian Intellectual Property Office (CIPO) launched its new MyCIPO Patents online portal for filing, tracking, and managing patents files, as part of their modernization effort and alignment with the World Intellectual Property Office ST.27 Standard for the Exchange of Patent Legal Status Data. Significant problems began immediately. Although full access to…

On Jan. 22, 2025, the Québec government published its draft regulation (the Proposed Regulation) on the right to repair, following the assent of Bill 29: An Act to protect consumers from planned obsolescence and promote the durability, repair, and maintenance of goods (the Act) in Oct. 2023. The Proposed Regulation provides valuable clarification and guidance on the modifications introduced by the Act towards favouring durable goods, particularly with regard to…

This ironic curse of unknown origin seems to be our current plight, so much so that any article written today will be out of date tomorrow. Accurate predictions require a time machine, but the current uncertainty appears to be with us for the unforeseeable future. What appears certain is that trade conflicts and the potential acquisition of Canada have galvanized Canadian spirits (with already imposed restrictions on American ones). There…

The recent decision of the Court of Appeal for Ontario in Huether v Sharpe, 2025 ONCA 140, clarifies what constitutes a “continuous act or omission” that is sufficient to toll the running of the 15-year ultimate limitation period in s.15(2) of the Limitations Act (Act). Background The Township of McMurrich Monteith (Township) issued a building permit (Permit) for the construction of a dwelling in 1986. Inspections conducted by the Township…

Louis-Edgar Jean-François, CEO of national non-profit Groupe 3737, joined Ravi Latour, BLG partner and co-chair of the firm’s Race Action Committee, for a conversation in honour of Black History Month 2025. The discussion touched on how Groupe 3737 is fostering innovation and entrepreneurship in Black communities in Canada and how organizations can best support Black talent. BLG has been a proud supporter of Groupe 3737’s initiatives since 2022 and was…

February has brought rising concerns over tariffs, with potential consequences extending well beyond traditional industries. The United States has imposed new tariffs on steel and aluminum,1 and the threat of higher tariffs on Canadian products looms large.2 As tensions rise, some Canadian provinces have begun exploring retaliatory measures, such as limiting the U.S. based business’ access to provincial procurement contracts.3 At the federal level, the Canadian government has pledged to…

Earlier we wrote about a communication by President Trump about the unfairness of the Value Added Tax. Now the U.S. Commerce Secretary has added his official perspective on the matter. Mr. Lutnick “has warned that Canada's national sales tax will be subject to retaliation.” Retaliation is, of course, a curious term. It is not clear how Canada’s non-discriminatory national sales tax is harming the United States, U.S. exports to Canada,…

On Dec. 23, 2024, the Capital Markets Tribunal (CMT) released its decision in TeknoScan Systems Inc. et al. (Re), 2024 ONCMT 32, in which it made important rulings on the use of transcripts of compelled examinations in enforcement hearings. The CMT held that read-ins from transcripts of compelled examinations of the respondent, when they are admissions against interest, are inadmissible where that respondent has properly invoked the protections against self-incrimination…

This is one article in our U.S. tariff effect series, featuring a multi-part analysis of the impact of tariffs on Canadian employers With the imposition of tariffs by the current U.S. Administration on the horizon, including increased tariffs on steel and aluminum imports recently announced, employers may be faced with difficult decisions regarding workforce reductions. As discussed in our first article of this series, temporary layoffs are one strategy that employers may…

On March 4, 2025, the Trump administration proceeded to impose sweeping tariffs on Canadian exports to the U.S. Canada retaliated swiftly, announcing tariffs in respect of a limited range of U.S. products, fanning the flames of a trade war between longstanding allies and trading partners. Background President Trump first signed an Executive Order 14193 (Imposing Duties to Address the Flow of Illicit Drugs Across Our Northern Border) on February 1,…

Rising concerns over tariffs suggest consequences that could go far beyond traditional industries. The United States has imposed higher tariffs on Canadian products, including medical equipment and pharmaceuticals.1 With rising tensions, several Canadian provinces have started responding to the tariffs with measures such as restricting U.S.-based businesses from accessing provincial procurement contracts.2 On the federal front, the Canadian government has introduced countermeasures, beginning with tariffs on $30 billion worth of…

The Canadian Investment Regulatory Organization (CIRO) released its latest annual compliance report (the Report). The Report details some of the current issues which CIRO regulated dealers should focus on for their supervision and risk management efforts. Completed CIRO integrations to date The Report begins by discussing some of the compliance integration work already completed by CIRO, including: The integration of the former investment dealer and mutual fund dealer compliance teams;…

This year is shaping up to be an important year for Canadian democracy. The Ontario provincial election is slated to take place on Feb. 27, 2025, while the federal election will be held no later than Oct. 20, 2025. Individuals and entities seeking to publicly engage in the political process and promote or oppose a political party, its leader or a candidate must carefully assess whether their involvement is regulated…

The year 2024 was another noteworthy year for class actions in British Columbia. In this article, we provide an overview of key developments and trends from 2024, and areas to watch in 2025. Key legal developments of 2024 1. Supreme Court of Canada confirms constitutionality of government-led class actions The Supreme Court of Canada delivered a landmark class action ruling in November 2024, deeming British Columbia’s role as representative plaintiff…

When a landlord in British Columbia terminates a lease for non-payment of rent, the tenant can seek relief from forfeiture. Tenants often believe that if they cure this default, relief will be granted. However, as shown in the recent Supreme Court of British Columbia decision of Delta Automotive Ltd. v 4846 Elliott St Ltd., 2024 BCSC 2246 [Delta Automotive], a tenant’s ability to cure the default is only one factor…

A recent transaction has illustrated how creative deal-making, in the right circumstances, can address Canadian governmental concerns with respect to foreign investment in the critical minerals sector. Canada’s federal government announced in 2022 that under its new “Critical Minerals Policy” (Policy), investors considered to be owned or influenced by “non-likeminded foreign governments” (including investors “who could be compelled to comply with extrajudicial direction” from such governments) would in most circumstances face…

The rapid adoption of machine learning-enabled medical devices (MLMDs) is transforming patient care, offering unprecedented opportunities to enhance diagnostics, treatment, and healthcare efficiency. However, the regulatory landscape is evolving to address the novel challenges these technologies introduce, particularly regarding safety, effectiveness, and adaptability. In response, after releasing draft guidance in August 2023, Health Canada has issued its finalized Pre-Market Guidance for Machine-Learning Enabled Medical Devices (February 2025), providing crucial direction…