In-House Counsel
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April 25, 2025
SCC rules CRTC has no jurisdiction to decide 5G access disputes between telecoms and municipalities
In a decision that addresses the role of so-called “dynamic” statutory interpretation in cases where technology has evolved or other circumstances have changed significantly since a law was enacted, the Supreme Court of Canada has affirmed 7-2 that the CRTC does not have jurisdiction to adjudicate disputes between telecom carriers and public authorities that have refused to allow the telcos to deploy 5G small cell antennas on public property.
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April 25, 2025
B.C. Court of Appeal upholds $15,000 damages for privacy breach, without proof of further harm
The B.C. Court of Appeal has upheld $15,000 in non-pecuniary damages for each person whose privacy was breached when a rogue ICBC employee accessed the private data of 78 policyholders and sold some of it to criminals, leading to arson and shooting attacks against 13 people.
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April 25, 2025
Ontario court orders KPMG to accept $2.9-million intercompany debt claim in bankruptcy dispute
In a dispute between bankruptcy trustees involving a now-defunct Toronto-area grocery chain and its insolvent parent company, the Ontario Superior Court has ordered KPMG to accept a $2.9-million intercompany debt claim that it originally disallowed, ruling that it committed a “palpable and overriding error.”
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April 25, 2025
Newfoundland and Labrador, New Brunswick sign MOU on trade, labour mobility to battle U.S. tariffs
Newfoundland and Labrador and New Brunswick have signed a memorandum of understanding outlining free trade and labour mobility to boost the domestic economy and combat tariffs from the United States.
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April 25, 2025
Negotiating commercial contracts: Is there a duty of good faith?
When negotiating a business contract, the idea that the parties have a positive obligation to do so in good faith remains very much in flux.
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April 24, 2025
Quebec court approves Phoenix system class action settlement for non-union federal employees
The Quebec Superior Court has approved a settlement for a class action over compensation errors that non-unionized and casual federal public servants faced as a result of the Phoenix pay system, which was launched in 2016.
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April 24, 2025
Federal Court approves class action settlements of over $2M in alleged molded door price-fixing case
The Federal Court has approved class action settlements of over $2 million related to alleged price-fixing of interior molded doors.
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April 24, 2025
Alberta court rules UFCW Canada union not liable for allegedly toxic workplace at local affiliate
The Alberta Court of King’s Bench has rejected a constructive dismissal claim against an international union, finding that it was not a supervisor of employees at an affiliated union local and could therefore not be held liable for allegedly failing to prevent a toxic work environment.
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April 24, 2025
Ontario Place: Court is not forum for resolving political grievances
Along Toronto’s Lake Shore Boulevard, across from the Exhibition Place grounds, sits the iconic Ontario Place. Opened as an urban park in 1971, Ontario Place featured a Cinesphere with an IMAX cinema, several pavilions and other attractions. However, over time, the park became underutilized, and, in 2012, Ontario’s then-Liberal government closed most of Ontario Place’s attractions.
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April 24, 2025
On or off the record: An arbitration dilemma
How do you get off the record when there is no record? With court proceedings, when the solicitor-client relationship breaks down or conflict arises, a motion is brought to the court with a request to get off the record. There is much case law that addresses when counsel can and cannot get off the record.