In a significant shift for family law and criminal justice administration in the province, Manitoba has officially brought the Intimate Partner Violence Disclosure Act —colloquially known as Clare’s Law —into force. For legal professionals, this marks a critical evolution in the statutory mechanisms available to protect victims of intimate partner violence (IPV), while ...

The legal profession, historically characterized by its adherence to precedent and caution, has reached a definitive tipping point in Canada. In a move that signals a profound shift from tentative exploration to institutional adoption, the Canadian Bar Association (CBA) has formally partnered with Canadian legal technology company Spellbook. This two-year agreement, which ...

In a decisive move that reinforces the high threshold for judicial intervention in administrative labour decisions, the Federal Court of Appeal has rejected an attempt by Canadian Pacific Kansas City Railway (CPKC) to overturn a finding of constructive dismissal. This ruling serves as a stark reminder to federally regulated employers regarding the complexities of employment ...

Bill C-15 Advances: The Next Phase of Federal Regulatory Sandboxes By Legal Editorial Staff The era of static federal compliance continues to evolve. With the advancement of Bill C-15, the legal profession is witnessing the practical application of the "regulatory sandbox" model—a shift from rigid statutory application to discretionary flexibility that began two years ...

US Supreme Court Strikes Down Tariffs: A Watershed Moment for Canadian Trade Law Rebates By Alaric J. Sterling-Vance For Canadian trade counsel, the "what if" scenario just became a "what now" reality. The U.S. Supreme Court’s decision this morning to strike down the executive branch’s sweeping global tariffs does not just signal a shift in U.S. constitutional law—it ...

Ethical Dilemmas Canadian Lawyers Face Legal practice in Canada presents unique ethical challenges that require careful navigation of professional obligations, client interests, and societal expectations. This article examines the most pressing legal ethics issues in Canada that practicing lawyers encounter daily, from conflicts of interest to duties of confidentiality in ...

In the intricate world of Canadian law, where precision often dictates success, the clarity of a contract is paramount. For lawyers and legal professionals across Canada, drafting contracts that are unambiguous, comprehensive, and legally sound is not merely a technical exercise but a strategic imperative. A poorly worded clause, an ambiguous definition, or an overlooked ...

Penalty Clauses and Liquidated Damages Clauses are included in contracts to specify the amount of damages the defaulting party is required to pay the innocent party when a contract is breached. They each serve different purposes and utilize different calculation methods, but both are meant to efficiently resolve disputes and avoid legal action. Like all contract clauses, ...

Before identifying the list of possible or exact legal risk mitigation strategies for a business project, it is important to identify the metrics by which you will assess your options. For example, if you are dealing with an established business, I would suggest a mitigation strategy or plan that comes as close as possible to meeting the following criteria: Provides the ...

Time Management Tips for Lawyers Legal professionals across Canada face mounting pressure to maximize billable hours while maintaining quality client service and meeting professional development obligations. With 85% of legal work in Canada still billed hourly according to the Canadian Bar Association, effective time management has become critical for career success.  ...

The short answer is YES. Whether your contract is local, interprovincial, or international, it should contain a governing law clause.  If you don’t include it, a court will choose a governing law for you.  The court will do that by applying its jurisdiction’s conflict of laws rules to find the proper law of the contract.  In Canada, the well-established rule is to apply the ...

INCOTERMS® 2020 are 11 rules issued by the International Chamber of Commerce (“ICC”).  If you’re thinking: How can they issue them?  They don’t make law.  You would be right. They are not laws.  They are terms that have been used historically in international sale of goods contracts, which are widely understood/interpreted by courts and people who deal with logistics issues. ...