In-House Counsel

  • May 05, 2026

    B.C. court rejects First Nation chief's Indigenous law injunction defence

    B.C.’s top court has rejected the arguments from a First Nations chief that he was acting in accordance with his peoples’ traditional laws when violating a court injunction against impeding the construction of a natural gas pipeline, saying such a defence if it were to be recognized could only be raised as a last resort.

  • May 05, 2026

    Superior Court of Quebec annuls arbitration award over AI hallucinations

    In a decision on April 22, the Superior Court of Quebec (SCQ) annulled a 2025 award issued by an arbitrator in a domestic arbitration between the Osman Medical Clinic (Osman) in Quebec and the provincial health authority, Santé Québec-CCSMTL.

  • May 05, 2026

    Anti-SLAPP decision clarifies line between ‘public’ and ‘private’ expression

    Ontario courts continue to refine the boundaries of the province’s anti‑SLAPP regime, particularly at the threshold stage where a defendant must show that a proceeding arises from an expression relating to a matter of public interest. While the test is designed to be a modest one, recent decisions demonstrate that its application can still present difficulties where the line between “public” and “private” expression is blurred.

  • May 05, 2026

    How to avoid a health insurance audit: Top seven triggers

    An audit by an extended health benefits insurer can be an extremely invasive and stressful process for a health provider such as a health clinic or health professional. These audits also carry significant potential consequences, including demands for repayment, being delisted by the insurer and complaints to regulatory colleges.

  • May 04, 2026

    The confluence of AI, intellectual property and estate planning: Preventing calamity

    If part one of this three-part series (see below for link) was the amuse-bouche, this second article is the main course — served with a side of existential dread and a garnish of legal ambiguity. Welcome to the confluence of artificial intelligence, digital replicas and personality rights, where estate planning gets delightfully thorny and occasionally surreal.

  • May 04, 2026

    Queen Mamma serves up important lessons on franchise renewal and termination

    A recent Ontario Superior Court of Justice decision offers an important reminder for franchisors and franchisees alike: informal renewal arrangements can create significant legal uncertainty.

  • May 04, 2026

    Negotiation becomes a process game in an AI world

    Lawyers untrained in the science of negotiation might assume that negotiation is a contest of personalities. The better talker, quicker thinker, the more persuasive presence: these are the traits incorrectly associated with strong negotiators.

  • May 04, 2026

    Treaty medal and the Crown: No one’s bending the knee

    First-year property law, 1988. Two hundred students. I could feel the energy in the room of young people excited to have made it into UBC law school. Professor Tod enters and slams the door. Walks over to the podium and scans the room while saying, “All title is vested in the Crown.” I felt like he was looking directly at me or even searching for visibly First Nation students as if to say, “We will not be tolerating any uppity Indians in this course!”

  • May 01, 2026

    Using AI to prepare legal documents? Lessons for privilege protection in Canada

    In Canada, privilege protections are analogous but termed differently. Solicitor-client privilege safeguards confidential communications between a client and lawyer (or agents) made for obtaining or giving legal advice. Litigation privilege covers documents created predominantly for anticipated or ongoing litigation, including third-party inputs if directed toward that purpose. Both require intent to maintain confidentiality and reasonable steps to do so.

  • May 01, 2026

    Cybersecurity certification now required: What Canadian defence suppliers must do

    For years, cybersecurity in Canada’s defence sector was largely a matter of self-declaration. That changed on April 14, 2026, when the Government of Canada officially introduced Level 1 of the Canadian Program for Cyber Security Certification (CPCSC). Mandatory requirements take effect in select defence contracts starting summer 2026. Suppliers that can’t demonstrate compliance at contract award risk losing work they’ve already won.