In-House Counsel
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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.
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July 29, 2025
Court of Appeal issues prohibition order against SRL in professional engineering licensing dispute
The Ontario Court of Appeal has issued a prohibition order against a self-represented litigant (SRL) who repeatedly attempted to relitigate a dismissed professional licensing claim, highlighting the challenges courts face with persistent litigants who lack understanding of procedural requirements.
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July 28, 2025
Navigating Ontario’s strong mayor powers: Practical and strategic insights
In November 2022, Ontario introduced a significant shift in municipal governance through amendments to the Municipal Act, 2001, empowering select mayors with new executive authorities known as strong mayor powers. These powers, designed to expedite provincial priorities such as housing and infrastructure, offer municipalities an important tool, albeit one that carries substantial governance implications.
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July 28, 2025
Alberta Court of Appeal rules on possessory lien enforceability in split decision
The Alberta Court of Appeal has issued a split decision in a complex commercial dispute involving possessory liens, with the majority ruling that a storage company cannot retain possession of pipe worth over $3 million after litigation delays rendered its debt claims unenforceable.
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July 28, 2025
Public conduct, conflicts of interest in the executive suite: Lessons from the ‘Coldplay incident’
A recent viral incident, colloquially dubbed the “Coldplay incident,” involving a CEO and a VP of human resources at the company Astronomer, whose affair was exposed in spectacular fashion when they appeared on the big screen at a Coldplay concert, has prompted renewed scrutiny of the fallout when the private conduct of high-ranking employees becomes public fodder.
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July 25, 2025
Newfoundland and Labrador Court of Appeal allows third party in 10-year oilfield services dispute
The Newfoundland and Labrador Court of Appeal has breathed new life into a complex legal battle that has been mired in the pleadings stage for over a decade, ruling that St. John’s-based TechnipFMC Canada Ltd. can be added as a third party to a lawsuit between diving contractor James Hynes and Mount Pearl, N.L.-based Professional Diving Contractors Limited, which does business as Pro-Dive Marine Services.
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July 25, 2025
Protecting the interests of minority shareholders in unanimous shareholders’ agreements
Minority shareholders, by virtue of their minority status, may not have the power or leverage to heavily negotiate the terms of a unanimous shareholders’ agreement (USA). To that end, USAs can impose harsh realities on minority shareholders.
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July 25, 2025
Acting for both buyer and seller: Court finds no conflict of interest by mortgage agent
In Ontario, the Mortgage Brokerages: Standards of Practice (Ontario Regulation 188/08) requires that mortgage brokerages and agents disclose in writing to a prospective borrower or lender whether they are acting for the lender, the borrower, or both. While there is no prohibition against acting for a lender and borrower in a transaction, steps should be taken to ensure the paperwork accurately describes the involvement of the broker or agent.