BLG law firm

BLG was recently successful at the Court of Appeal for Ontario in McCormack v. Evans, 2025 ONCA 767. McCormack was a unanimous decision, upholding the dismissal at trial of the plaintiff’s action against several police defendants, including claims for negligent investigation, malicious prosecution, misfeasance in public office, and Charter damages. Finding no error in the trial judge’s reasoning, the Court reaffirmed and clarified how judges must approach questions of evidentiary…

Globally, attempts at AI governance continue to evolve: On September 26, 2025, Canada’s federal government announced the launch of a new AI Strategy Task Force, whose preliminary recommendations are expected to be released later this month and are expected to inform Canada’s anticipated federal AI legislation. South of the border, California became the first U.S. state to enact a comprehensive suite of AI laws, which will govern a wide range…

The Ontario Superior Court of Justice recently released its decision in His Majesty the King v RSA, confirming a duty to defend on the part of two insurers that provided historical comprehensive general liability (CGL) coverage to the Province of Ontario from 1975 to 1984, notwithstanding that the bridge collapse at issue did not occur until 2018. The allocation of defence costs was based on time on risk, thereby limiting…

What you need to know On Nov. 12, 2025, in one of the most consequential cases in the Canadian gaming sector in decades, the Court of Appeal for Ontario (the Court) released its long-awaited decision on Ontario’s reference question regarding international “pooled liquidity”. A strong majority of the Court (4:1) ruled in favour of Ontario’s position and agreed that legal online gaming (or iGaming) would remain lawful under the Criminal…

This article was originally published in the Ontario Expropriation Association’s Newsletter. Introduction Few decisions in recent times have meaningfully challenged long-held assumptions about the security of public land as Kosicki v. Toronto (City), 2025 SCC 28 ("Kosicki").1 For generations, municipalities, conservation agencies and the provincial Crown have acted on the assumption that once land had been expropriated or otherwise dedicated for public use, it was effectively immune from private use through…

On Nov. 4, 2025 (Budget Day), the Honourable François-Philippe Champagne tabled the federal budget titled “Budget 2025: Canada Strong” (Budget 2025). Budget 2025 includes several notable tax changes, which are more fully described in our main budget analysis. This Insight focuses only on the proposed changes to the qualified investments regime that were announced in Budget 2025. The proposed changes arose from the consultation (Consultation) that was initiated by “Budget…

A conversation with Melinda Park, Marina Paperny and Sonya Savage In October, BLG and the Association of Corporate Counsel (ACC) Alberta hosted an engaging session titled: Boardroom Evolution: Strategy, Law and Governance in 2025, drawing on the diverse perspectives of BLG leaders, Melinda Park K.C., Hon. Marina Paperny K.C., and Hon. Sonya Savage K.C., moderated by Makiko Hata, Assistant General Counsel, ATB Financial. The panel explored timely issues shaping Alberta and beyond,…

The Government of Alberta has reaffirmed its commitment to its Artificial Intelligence & Data Centre Strategy (Strategy), doubling down on its ambition to make Alberta a leading North American hub for AI and AI infrastructure by leveraging Alberta’s strengths in power capacity, sustainable cooling, provincial wide fibre-optic, and economic growth. To advance implementation, the Province has committed to several initiatives, including modernizing regulatory frameworks, establishing a purpose-built data centre concierge,…

Canadian businesses are enhancing their approaches to preventing and reducing the risk that forced or child labour is used in their activities and supply chains by taking additional steps to assess and manage those risks. Public Safety Canada’s 2025 annual report to Parliament on the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the Act)1 provides insights into the risks of forced or child labour that reporting…

The 2024 Annual Compliance Report Card (the Report Card) published by the British Columbia Securities Commission (BCSC) summarizes the findings of the BCSC compliance teams arising from their reviews of the compliance programs of B.C.-based portfolio managers, investment fund managers, and exempt market dealers in 2024. The Report Card provides guidance to firms and chief compliance officers to improve their compliance programs. Of note, the Report Card provides an early…

Under Canadian privacy law, “de-identified” data can be used for research, product development and other such “secondary purposes” without individual consent and without the normal protections that apply to personal information. On October 15, 2025, the Information and Privacy Commissioner/Ontario updated its guidance on the de-identification of personal information. The new guidance is set out in a 96-page document entitled De-Identification Guidelines for Structured Data; Updated and Expanded. This new…

The Ontario Not-for-Profit Corporations Act, 2010 (the ONCA), proclaimed in force on Oct. 19, 2021, is now the foundational corporate governance legislation for most Ontario Hospitals. In 2021, BLG worked with the Ontario Hospital Association to create new ONCA-compliant prototype governance documents to assist Hospitals in transitioning to ONCA, and to take advantage of flexibility and protections provided by ONCA. Most hospitals used these templates to assist in completing their…

Are you looking for guidance on a tenant request to assign its lease or sublet a portion of its premises? This article sets out what each landlord should know in preparation for such a request. Commercial landlords select their tenants carefully, often after a robust due diligence process on the tenant’s financial covenant, as well as how this tenant fits within landlord’s leasing strategies for the property. By the time…

On June 30, the Patented Medicine Prices Review Board (PMPRB) published new Guidelines for PMPRB Staff (the Guidelines) that will take effect on Jan. 1, 2026. These new Guidelines are described as non-binding, and were developed to address both amendments to the Patented Medicines Regulations and new case law. In June 2019, amendments to the Patented Medicines Regulations were announced; BLG published a previous Insight summarizing them. These amendments were…

Large-scale projects requiring environmental or impact assessments in Canada are not static: as projects commence and develop, their needs can shift, or plans change. A key question for project proponents is how those changes will impact existing environmental permits, and what the amendment process will look like. A recent Federal Court decision has provided important clarity, confirming that project amendments are to be assessed against the same standards applied in…

The European Union (EU) has embarked on a significant reform of its customs framework, driven by a range of pressing issues and the need to modernize its processes. On June 27, 2025, EU lawmakers reached a landmark agreement on the Union Customs Code reform, setting the stage for a sweeping modernization of the EU’s customs framework, which is the biggest overhaul since 1968. This reform is poised to transform how…

Compliance officers, risk officers and management at firms who meet the definition of “securities dealers” (including portfolio managers, exempt market dealers and CIRO members) take note: there has been a recent increase in the frequency and amount of administrative monetary penalties (AMPs) issued by the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) relating to deficiencies identified during audits of compliance programs under the Proceeds of Crime (Money Laundering)…

Ontario’s Minister of Health has re-introduced legislation – Bill 11 or the More Convenient Care Act, 2025 – that received Royal Assent on June 5, 2025. This legislation amends several existing healthcare related statutes, as well as introduces new legislation, with a view to improving efficiency and transparency and increasing the public’s confidence in Ontario’s healthcare system. Among these legislative updates is the new Health Care Staffing Agency Reporting Act,…

On Nov. 9, 2023, the Honourable Seamus O’Regan, newly appointed Minister of Labour and Seniors (the “Minister”), tabled Bill C-58 – An Act to amend the Canada Labour Code and the Canada Industrial Relations Board Regulations, 2012. The bill, which received royal assent on Thursday, June 20, 2024, sets out strong measures to limit the use of replacement workers (or strike-breakers) by federally regulated employers. Provisions in force since June…

The Competition Bureau (the Bureau) recently issued its final guidelines on environmental benefits claims (Guidelines), hot on the heels of its Annual Plan for 2025-2026 which pledged continued efforts to combat misleading environmental benefits claims (greenwashing). The Guidelines respond to the recent amendments to the Competition Act, which now explicitly prohibits greenwashing. This timely release is particularly significant as it precedes a major shift in the enforcement landscape in Canada.…

In what is believed to be a first, the recent decision of the Ontario Superior Court of Justice in Hennebury v Makita Canada Inc, 2025 ONSC 3850 dismissed product liability claims, including allegations of failure to warn, based on the ultimate limitation period. Background In 2019, the plaintiff was using a router in his workshop, when allegedly the router sped up without warning, causing a stone grinding bit to break…

On July 3, 2025, the Autorité des marchés financiers (AMF) released a French-only draft guideline on the use of artificial intelligence in the financial sector (the Guideline). Applicable to authorized insurers, financial services cooperatives, authorized trust companies, and other authorized deposit-taking institutions, the Guideline sets out the AMF’s expectations regarding the measures financial institutions should take to holistically manage the risks associated with the use of artificial intelligence systems (AI systems)…

After the tariff frenzy of the first quarter of this year, we’ve sailed into the doldrums. Not that the tariffs have gone away, or the threat of new ones has subsided, or there is a solid prospect of a non-tariff settlement discernible in the horizon, but that the pace of movement, of change, and of threats has slowed down. We can take a sigh of relief for this minor, if…

On Dec. 6, 2024, following more than 25 years of negotiations, the European Union (EU) and Mercosur (comprising Argentina, Brazil, Paraguay, and Uruguay) finalized their trade agreement. The two massive common markets aim to create one of the world’s largest free trade areas, encompassing over 700 million people and nearly 25 per cent  of the global GDP. (If you haven’t already, take a look at our earlier publication summarizing the key…

In a development with major implications for the commercial leasing sector, the Supreme Court of Canada has granted leave to appeal in Canada Life Assurance Company v. Aphria Inc. (Canada Life). At the heart of the case is a question that affects every commercial lease in the country: When a tenant walks away from a lease, and the landlord refuses to accept that repudiation, is the landlord required to mitigate…

On June 25, 2025, the Québec government adopted the final version of the regulation related to the right-to-repair provisions introduced by Bill 29: An Act to protect consumers from planned obsolescence and promote the durability, repair and maintenance of goods (the Regulation). This Regulation provides the long-awaited details on how manufacturers and merchants must comply with Québec’s new consumer protection rules. Starting Oct. 5, 2025, all manufacturers and merchants selling…

On July 3, 2025, the Supreme Court of Canada (SCC) refused leave to appeal in a dispute between Steelhead LNG and Arc Resources. Thus, it remains settled law that plans or a drawing do not infringe claims to an apparatus, system, or method. At the Federal Court of Appeal (FCA), and in the Federal Court (FC) below, Steelhead argued that Arc had “used” their invention, thereby infringing their patent by…

In Kakkar v. Her Majesty the Queen in Right of Ontario, 2025 ONSC 3776, the Ontario Superior Court of Justice dismissed a putative class proceeding on the basis of delay pursuant to section 29.1 of the Ontario Class Proceedings Act (the CPA). The plaintiff, Anupam Kakkar, commenced the action in May 2016 against the Crown, Crown Works Ottawa, and City of Ottawa, alleging class-wide issues relating to child support orders…

A certificate of pending litigation (CPL) is a powerful tool in the litigator’s arsenal. It is often used in claims for specific performance and constructive trusts (both remedial and substantive) as a means to freeze title and prevent the owner from dealing with the property, as they otherwise might have. CPLs are available when the plaintiff claims an interest in land, and they are generally not available when the claim…

In Pepa v. Canada (Citizenship and Immigration), 2025 SCC 21, the Supreme Court of Canada held that the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada had unreasonably interpreted its jurisdiction under the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (IRPA) when it held that an individual who entered Canada under a valid permanent resident visa could lose their right to appeal an exclusion…

The Supreme Court of Canada (SCC) recently rendered a unanimous and consequential judgment in Opsis Airport Services Inc. v. Québec (Attorney General)1 that refined the doctrine of interjurisdictional immunity (IJI) while confirming its continued relevance in protecting core federal legislative powers. This decision holds important lessons for federally regulated entities, in areas like aeronautics and interprovincial or international transportation, that seek to determine whether provincial regulatory regimes apply to them.…

On May 29, 2025, the Ontario government introduced Bill 33, Supporting Children and Students Act, 2025 (Bill 33), a wide-ranging legislative proposal that seeks to amend key statutes related to child, youth and family services, as well as Ontario’s education system. If passed, Bill 33 would make significant changes to the Child, Youth and Family Services Act, 2017, the Education Act, the Ministry of Training, Colleges and Universities Act, and…

In May 2025, the Court of King’s Bench of Alberta released its judgement on the judicial review of a decision of the Information and Privacy Commissioner of Alberta. The judgment was significant and signals (i) the legitimization of data scraping and AI model training from publicly available information on the internet and potential protection of these types of automated processes under the Canadian Charter of Rights and Freedoms, (ii) the…

New rules governing how businesses can use trademarks, display signage and advertise have now come into effect in Québec, following the adoption of new provisions in the Regulation respecting the language of commerce and business. In fact, the final version of the regulation has taken a step back from the amendments proposed earlier and reinstated more flexible provisions. Here's what you need to know. Trademark translation requirements The trademark exception…

Recently, the Ontario Superior Court delivered a rare win for the employer in Taylor v. Salytics Inc., 2025 ONSC 3461. The issue before the Court was whether a temporary lay-off provision in an employment agreement constituted a “termination” provision, such that the principles established over the recent years by the Ontario Court of Appeal with respect to the enforceability of termination provisions must be applied to a temporary lay-off provision.…

It goes without saying that Ontario has an “interest in education.” The more important question is to what extent the province can use this broad interest to exert control over local board governance, pursuant to the Education Act and its regulations. One such tool at Ontario’s disposal is O Reg 43/10: Provincial Interest in Education (the “Regulation”), which confers broad powers on Ontario to insert itself into the affairs of…

Legislative developments continue in the federal government’s focus on strengthening Canada’s anti-money laundering and anti-terrorist financing regime. Bill C-2, An Act respecting certain measures relating to the security of the border between Canada and the United States and respecting other related security measures (the Strong Borders Act) was introduced on June 3, 2025. Among other proposed measures, the Strong Borders Act proposes the following amendments to the Proceeds of Crime…

On May 29, 2025, the Supreme Court of Canada (SCC) dismissed an application for leave to appeal from the decision of the Federal Court of Appeal (FCA) upholding drug and alcohol testing requirements of the Canadian Nuclear Safety Commission. The application for leave was filed after the FCA dismissed the appeal of an earlier 2023 Federal Court decision on Nov.6, 2024. The testing requirements are a condition placed on individuals…

On May 8, 2025, the Province of Ontario announced that it approved Ontario Power Generation’s (OPG) plan to begin construction on the first of four small modular reactors (SMR) at the Darlington nuclear site. The four SMRs are referred to collectively as the Darlington New Nuclear Project, or DNNP.  OPG’s budget for the DNNP, which includes site preparation, engineering and design work to date, as well as the construction of…

On Dec. 4, 2024, Bill 227, the Cutting Red Tape, Building Ontario Act, 2024, SO 2024, c 28 received Royal Assent. Among other legislative changes, Bill 227 amended the Education Act, RSO 1990, c. E.2, the Teaching Profession Act, R.S.O. 1990, c. T.2, the School Boards Collective Bargaining Act, 2014, S.O. 2014, c. 5, and the Provincial Schools Authority Act, R.S.O. 1990, c. P.35 to recognize the role that system…