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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…

The proposed changes would allow electricity distributors to earn a Margin on Payments (MoP) of up to 25 per cent of the payments made to DER providers. The Ontario Energy Board (OEB) is proposing amendments to the Distribution System Code to accelerate the use of third-party distributed energy resources (DERs) as non-wires solutions (NWSs) in Ontario. The proposed changes would allow electricity distributors to earn a Margin on Payments (MoP)…

Legislative context On May 22, 2025, the U.S. House of Representatives passed the One Big Beautiful Bill Act (H.R.1), a budget reconciliation package designed in part to extend provisions from prior tax reform efforts and introduce new revenue-generating measures. Among these is the newly proposed Section 899, title Enforcement of Remedies Against Unfair Foreign Taxes, which would authorize targeted tax increases on investors in non-U.S. jurisdictions that impose certain types…

In a recent decision, the Superior Court of Québec authorized a class action against a major social media platform operator, paving the way for users to seek compensation for financial losses tied to allegedly fraudulent advertisements posted by third parties. The plaintiffs allege that they suffered significant financial losses, of $1,000,000 and $250,000 respectively, after being misled by cryptocurrency-related advertising and investing in fraudulent third-party websites. The advertisements falsely promised…

On Jan. 28, 2025, Arbitrator Russell Goodfellow released a set of eight interest arbitration awards for seven different public and Catholic district school boards in Ontario.1 BLG had the opportunity to serve as counsel to three of these seven school boards in this complex and precedent-setting litigation, with a team consisting of John-Paul Alexandrowicz, Melissa Eldridge, Jessica Wuergler, Callum Hutchinson and articling students Grace Sarabia, Colleen Williams and Hannah White. Key takeaways…

Canada is currently facing an erratic and expansive trade disruption with its closest trading partner. The first executive order signed by the President of the United States on Feb. 1, 2025, set out a blanket tariff rate of 10 per cent on all imports from Mexico and Canada. The President has since imposed higher rates on certain goods, including a 25 per cent rate on non-CUSMA compliant Canadian vehicles and…

L’accès à la justice est reconnu comme étant une valeur fondamentale du système de justice canadien. Dans un pays démocratique comme le nôtre, il s’agit notamment d’une condition indispensable à la confiance du public envers notre système judiciaire. De nos jours, l’accès à la justice est même devenu un enjeu parmi les plus pressants et plusieurs institutions œuvrent activement à en faire la promotion à travers divers programmes et initiatives.…

Au terme d’une audition contestée, BLG a obtenu la nomination de Raymond Chabot inc. à titre de séquestre aux actifs de 9444-4486 Québec inc., 9444-4494 Québec inc., 9444-4441 Québec inc. et 9444-4445 Québec inc. (collectivement les « Débitrices »)1. Faits Dans la foulée de la pandémie de COVID-19, les Débitrices acquièrent deux résidences pour personnes âgées. Cette transaction est financée par La Banque Toronto-Dominion (la « Banque »). À compter de mai 2023, les…

With an estimated one in three Canadians being affected by a mental illness in their lifetime, mental health challenges can have a significant impact on the Canadian workforce, and it is crucial that employers address these challenges effectively. To help employers deal with these complex issues, BLG’s experienced team of labour and employment lawyers from across Canada — Shelley-Mae Mitchell, Kailey Hubele, Laura Mensch, Jessica Wuergler, Dan Palayew, Kate Agyemang and…

All securities or derivatives dealers and advisers registered in Québec with the Autorité des marchés financiers (AMF), including members of the Canadian Investment Regulatory Organization (CIRO) and firms that service clients in Québec while having no business location in Québec, will have new compliance obligations regarding complaint handling as of July 1, 2025. The Regulation respecting Complaint Processing and Dispute Resolution in the Financial Sector (the Regulation), requires firms to assess and…

On April 17, 2025, the Office of the United States Trade Representative (USTR) issued its long-anticipated Notice of Action and Proposed Action setting out the fees that would be levied on Chinese-built vessels calling at American ports, among other trade measures targeting the People’s Republic of China. While there was another hearing on May 19, 2025, it only concerned further proposed tariffs on Chinese ship-to-shore cranes and cargo-handling equipment. Discussions and…

From forged cheques to impersonation scams, fraudsters have long exploited the trust, distance and communication gaps that underpin commercial transactions. But the digital age has given rise to a new and particularly insidious form of deception: business email compromise (BEC) fraud. In these schemes, attackers infiltrate or spoof a businessperson’s email account—often that of a trusted vendor—redirecting payments to fraudulent bank accounts with alarming ease. As the financial consequences of…

Running a promotional contest is a fantastic way to boost sales, build brand awareness, and connect with your customers. Whether you’re a business, marketer, or influencer, before you dive in, it’s important to know that there are a lot of rules and regulations you need to follow in Canada. If you don’t, you could face some serious consequences—including hefty penalties that could reach up to 3 per cent of your…

*Content from this article is from the Case Law Compendium for the Defense Research Institute’s (DRI) Product liability Conference held February 2025. Canadian contributions by BLG’s Edona Vila and Robert Stefanelli. There have been several significant new developments in product liability cases across Canada in the past year. These decisions, arising from Ontario, Québec, Alberta, Saskatchewan, and British Columbia, provide important insights into how courts are deciding product liability matters.…

In November 2024, an International Centre for Settlement of Investment Disputes (ICSID) tribunal ordered Colombia to pay Telefónica — a Spanish telecommunications company — US$380 million in damages. This was because the tribunal found that Colombia had violated the fair and equitable treatment requirement in the 2005 Colombia-Spain bilateral investment treaty (BIT). The following month, Colombia filed an application for annulment of the award, as permitted by ICSID rules. The application…

On July 1, 2025, the Regulation respecting Complaint Processing and Dispute Resolution in the Financial Sector (the Regulation) will come into force in Québec. Adopted by the Autorité des marchés financiers (AMF), the Regulation establishes a new framework for handling complaints in Québec’s financial sector. It aims to promote a more transparent and efficient complaint resolution process through the financial sector in the province. Who is subject to the Regulation?…

In the current economic environment, many businesses may feel pressured to get creative with their marketing and pricing strategies to remain competitive. For example, promotional terms such as “Sale”, “Marked Down” or “End of Line” are frequently used in marketing campaigns to attract consumer attention and boost sales. While these representations may offer short term commercial advantages, businesses must exercise caution, as the Competition Bureau (the Bureau) is increasingly cracking…

On April 16, 2025, the Government of Ontario announced that it was launching the $50M Ontario Together Trade Fund (OTTF) to support Ontario’s small and medium businesses with near-term investments to better serve interprovincial customers, develop new interprovincial markets and reshore critical supply chains in response to U.S. tariffs. On April 23, 2025, the Government of Ontario published guidelines (the Guidelines) to assist applicants with submitting their application to the…

On April 29, 2025, The U.S. President signed a Proclamation and an Executive Order providing some relief from the 25 per cent tariffs on imported auto parts and automobiles, effective retroactively from April 3, 2025. These measures offer some temporary tariff relief in the form of an “import adjustment offset” for parts used in vehicles assembled in the United States. The new adjustments follow Canada's recent measures to aid Canadian…

In June 2022, Health Canada introduced new nutrition labelling regulations for prepackaged foods. A key feature of these regulations is the mandatory use of a front-of-package (FOP) nutrition symbol on products high in saturated fat, sugars, or sodium. This symbol is intended to help Canadians quickly identify less healthy food options, encouraging informed choices and reducing health risks associated with overconsumption of these nutrients. Although the regulations came into effect…

On May 1, 2025, the province expanded “strong mayor” powers and duties to a further 169 municipalities in Ontario, identified as those single and lower-tier municipalities with councils of six members or more. This means that out of the 444 municipalities in Ontario, almost half of them will be subject to strong mayor powers. Prior to the most recent amendments, a total of 46 municipalities in the province had permanently…

The president of the United States announced, in a Sunday afternoon social media post, his intent to declare incentives by its trading partners to their film industries a “national security threat” to the United States. In his social media posts, the president authorized the Department of the Commerce and the United States Trade Representative to institute a 100% tariff on “any and all Movies coming into our Country that are…

On May 1, 2025, the Supreme Court of Canada decided that it would not hear an appeal of the Court of Appeal for Ontario’s landmark decision in Mathur v. Ontario, 2024 ONCA 762. The Court of Appeal unanimously found that a Charter challenge to Ontario’s greenhouse gas emission (GHG) target was not a “positive rights” claim imposing freestanding positive obligations on the provincial government - because Ontario voluntarily assumed a…

A continuation in our series for Canadian employers addressing the U.S. tariff effect. For more information, check out BLG's Tariffs and Trade Resource Centre. The recent imposition of tariffs, and the resulting “tariff uncertainty”, is posing real and immediate challenges to employers and unions in industries that rely on the exportation of their goods, products and materials, such as automotive, manufacturing, steel, aluminum, agriculture and forestry. At least for the…