The Complete Brief
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October 10, 2025
Court directs CTA to consider commercial factors in setting interswitching rates
The Federal Court of Appeal has set aside the Canadian Transportation Agency’s 2024 interswitching rate decision, ruling that the agency erred by failing to consider commercial market factors when setting the rates.
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October 10, 2025
Future capital gains tax may assist parties when equalizing or dividing family assets on separation
No one likes income tax. However, in the context of family law property division and equalization, future capital gains tax may work to the advantage of a spouse. The British Columbia Court of Appeal decision Dignard v. Dignard, 2025 BCCA 43 highlights an important and frequently arising issue in family law: how courts account for potential future tax liabilities, in this case capital gains tax, when dividing or equalizing family property.
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October 10, 2025
The joy of tossing stuff every law student has to know
So long, farewell, auf wiedersehen, goodbye… No, this story has nothing to do with the von Trapps.
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October 10, 2025
When fired ‘at any time’ doesn’t mean game over: Li v. Wayfair Canada ULC
Termination clauses have long been the horror genre of employment law. Draft them too generously toward the employer, and the courts will strike them down faster than you can say contra proferentem. Draft them too cautiously, and you hand the employee common law notice on a silver platter.
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October 10, 2025
James Davis returns to Hicks Morley as Toronto associate
Hicks Morley has announced the return of James Davis to its Toronto office as an associate.
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October 10, 2025
Goldblatt adds Jen Quito as director of legal talent
Goldblatt Partners LLP has welcomed Jen Quito as its director of legal talent, a new position at the firm. She will be based at the Toronto office.
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October 10, 2025
Self-represented litigant loses bid to include trial transcripts
It is common knowledge that when a person testifies, the witness promises to tell the truth, the whole truth, and nothing but the truth. That is because the judge, the decision-maker, needs the whole truth to render a just decision. What happens when an appeals court faces a situation where the “whole” truth is not put before it?
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October 10, 2025
LIMITATION OF ACTIONS - Extension, interruption, suspension and inapplicability
Appeal by appellant from a judgment of the Quebec Court of Appeal affirming a decision that an unsuccessful attempt to seize a debtor’s property by notice of execution interrupted prescription. The appellant was a band council within the meaning of the Indian Act.
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October 10, 2025
Marineland belugas deserve legal protection, not posturing and politics
In 2019, Canada enacted groundbreaking federal law banning the capture and breeding of whales, dolphins and porpoises for entertainment, the Ending the Captivity of Whales and Dolphins Act, also known as the “Free Willy” bill, whereby Canadian facilities are not allowed to hold, breed or import whales and dolphins.
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October 10, 2025
Partners: Stabbing back in the law firm
I liked some of my old law firm partners all of the time; most of my partners most of the time; and one or two, almost never. I suspect that my partners, as a group, had similar sentiments about me.