Words matter: A reminder for drafters and contracting parties

  • Post category:BLG law firm
  • Reading time:5 mins read

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…

Québec reduces access to its simplified process for temporary foreign workers in professions facing labour shortages

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  • Reading time:6 mins read

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…

Late registration of a class action to the National Class Actions Database does not render the action a nullity

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  • Reading time:5 mins read

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…

Navigating changes to Canada’s competition & foreign investment laws amid economic uncertainty

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  • Reading time:13 mins read

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…

Court declares both corporation and its director vexatious litigants

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  • Reading time:3 mins read

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…

The U.S. Tariff Effect: Ensuring the psychological health and safety of a reduced workforce part II

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  • Reading time:5 mins read

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…

Byte by byte: Navigating key construction risks on data center projects

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  • Reading time:6 mins read

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…

Hockey assault not appropriate for summary judgment

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  • Reading time:4 mins read

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…

35 years of ETFs: The evolution of a Canadian innovation

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  • Reading time:12 mins read

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…

The City of Toronto adopts a tariff response plan restricting some government procurement to Canadian companies

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  • Reading time:4 mins read

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…

OSC delegates, CIRO regulates

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  • Reading time:4 mins read

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,…

Upcoming changes to insurance licensing in Québec for out-of-province representatives

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  • Reading time:3 mins read

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…

Board diversity: A made in Canada approach?

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  • Reading time:13 mins read

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…

Managing unforeseen risks in supply chain contracts: Choice of law considerations

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  • Reading time:11 mins read

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,…

Consumer rights and protection across Canada’s supply chain operations

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  • Reading time:7 mins read

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.…

The extraterritorial reach of B.C.’s privacy laws: Court upholds privacy commissioner’s order against foreign AI company

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  • Reading time:7 mins read

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,…

To include or not include, that is the (real estate) question! Competitor property controls under the new competition act

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  • Reading time:17 mins read

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…

CIPO’s modernization efforts cause patent delays in Canada

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  • Reading time:6 mins read

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…

More durable goods: Key impacts of Québec’s new repair and durability regulation for manufacturers and merchants

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  • Reading time:4 mins read

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…

Supporting Black entrepreneurs in Canada: A Q&A with Groupe 3737’s Louis-Edgar Jean-François

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  • Reading time:4 mins read

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…

The evolving tariff threat: Impact on med-tech and life science industries

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  • Reading time:6 mins read

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…

A new tempest this way comes

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  • Reading time:6 mins read

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…

Simply the best (evidence): Capital Markets Tribunal rules on read-ins

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  • Reading time:10 mins read

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 U.S. tariff effect: Ensuring the health and safety of a reduced workforce part I

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  • Reading time:9 mins read

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…

Canada-U.S. tariff war resumes

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  • Reading time:6 mins read

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…

The evolving tariff threat: Impact on hospitals in Canada

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  • Reading time:5 mins read

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…

Avoiding compliance déjà vu: CIRO’s compliance report for 2025

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  • Reading time:8 mins read

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…

“Political Advertising” rules for Ontario and federal elections

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  • Reading time:7 mins read

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…

British Columbia class actions 2024 year in review

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  • Reading time:12 mins read

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…

Creative deal-making navigates Canadian national security review in the critical minerals sector

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  • Reading time:6 mins read

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…

Health Canada’s evolving regulatory framework for machine learning-enabled medical devices

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  • Reading time:8 mins read

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…

Le Tribunal administratif du travail confirme le congédiement d’un cadre supérieur pour fautes graves

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  • Reading time:10 mins read

BLG vient d’obtenir un deuxième jugement favorable pour sa cliente, Kleen-Flo Tumbler Industries Limited. Dans l’affaire Desaulniers c. Kleen-Flo Tumbler Industries Limited, 2025 QCTAT 471, la terminaison d’emploi d’un cadre supérieur mettait en cause des allégations de détournement de cartes-cadeaux et de divulgation d’informations confidentielles et sensibles appartenant à l’employeur.…

Country of origin for customs purposes

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  • Reading time:4 mins read

Determining country of origin From a customs perspective, determining the country of origin of imported goods are crucial for several reasons, including: determining whether imported goods are entitled to most-favoured-nation (MFN) or preferential tariff treatment; determining whether imported goods are subject to tariffs or safeguard measures (e.g., anti-dumping or countervailing…