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The concept of a “substitute decision-maker” is deceptively simple but legally complex. While the role is often conflated with informal caregiving or family decision-making, in law it carries significant fiduciary duties and procedural consequences. Matters are further complicated by inconsistent terminology: the Substitute Decisions Act, the Family Law Rules, and the Rules of Civil Procedure each frame incapacity and representation in slightly different ways. For practitioners, this patchwork can create pitfalls when advising clients, drafting materials, or litigating issues involving incapable parties.

In Decision No. 774/25, the WSIAT denied entitlement after finding that a worker’s injury, sustained during an unpaid lunch break on public property near the workplace, did not occur in the course of employment. The decision highlights that location, timing, and the personal nature of a worker’s activities remain key considerations when assessing entitlement for injuries occurring off employer premises.

In Decision No. 469/25, the WSIAT granted entitlement for chronic mental stress after finding that extraordinary workplace conditions during the COVID-19 pandemic exposed the worker to objectively dangerous health and safety risks. The decision highlights that “normal job stress” must be assessed contextually, and that exposure to heightened workplace hazards may constitute a substantial work related stressor for CMS entitlement purposes.

This article provides a summary of which documents can be executed remotely and best practices to ensure lawyers are complying with the legislation governing digital signatures.

This article provides guidance and resources to assist lawyers with clients who have assets in Québec, and describes new online services for searching for Wills in Québec.

This article outlines the developments in regulating and legislating MAID, including updates from Québec, British Columbia, and a discussion of mental illness in MAID.

The year 2025 will likely be remembered as a defining moment for international law. Across regions and legal regimes, we witnessed a convergence of forces that placed extraordinary strain on the rule-based international order. What made 2025 particularly challenging was not only the scale of these developments but also the environment in which they unfolded: legal determinations were increasingly filtered through political narratives, binding obligations were treated as optional, and evidence-based findings by courts and UN bodies were often dismissed as partisan or inconvenient. In such a climate, international law demands disciplined attention to facts rather than emotion, law rather than politics, and accountability rather than image management. This article outlines several of the most significant international legal developments of 2025 and reflects on what they collectively reveal about the state and stakes of international law today.

What is a class action? Why do we have them? How much do lawyers and litigation funders benefit from them, and why? This article, originally published by Lexpert, gets into the nitty gritty of these questions, through the lens of how different Canadian jurisdictions approach the issues of litigation funding, adverse costs, and counsel remuneration.

In a trilogy of cases in 2022, the Ontario Court of Appeal sharply limited the availability of the tort of intrusion upon seclusion in privacy and data breach class actions involving third-party hackers. This article considers two recent Ontario Superior Court of Justice decisions which demonstrate that while the Trilogy narrowed the scope of privacy class actions in Ontario, it did not necessarily close the door.

In Gifford v. Air Canada, the Ontario Superior Court of Justice denied certification of a proposed class proceeding which alleged a supply-suppression conspiracy among several airlines. This article highlights key takeaways concerning certification motions in proposed competition class actions, including the importance of taking into account the dynamics of the Canadian market and the economic complexities associated with an allegedly cartelized product.

The responsibilities assumed by a representative plaintiff are significant and can give rise to pressure, financial risk and public scrutiny. There has been much judicial debate over the question of whether a representative plaintiff should receive some monetary amount in recognition of taking on the role. This article summarizes the Canadian courts' treatment of the issue and considers some recent and notable trends coming out of the Ontario courts.

Exposure to PFAS in drinking water has been associated with health risks such as immune suppression, thyroid disruption, and an increased risk of certain cancers. As a result, there has been a significant rise in class actions alleging property value diminution due to the stigma of PFAS-contaminated drinking water. Real estate professionals should be aware of this emerging issue.

The British Columbia Court of Appeal's recent decision in Gitxaala v British Columbia (Chief Gold Commissioner) ("Gitxaala") dramatically increases the ability of Indigenous rights and title holders to use the United Nations Declaration on the Rights of Indigenous People ("UNDRIP") to advance and protect their interests. This article summarizes the decision and highlights two ways we have begun using this decision in our advocacy in British Columbia and across the country: 1) UNDRIP may expand the Duty to Consult and Accommodate ("DTCA"); and 2) UNDRIP may be enforceable in the courts where the Crown is not delivering on its promise to recognize and implement UNDRIP rights.

This article discusses how AI’s ability to replicate voices, images, and other personal traits is prompting new legal questions about the protection of personality rights.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario from January 19, 2026 to January 23, 2026.

In this article, Benjamin Miller addresses two common questions he gets (typically from sports organizations or festivals) about whether sponsorships or in-kind contributions make an organization a public benefit corporation (PBC) under Ontario's Not-for-Profit Corporations Act (ONCA).

DEML Investments Limited v. Canada is a GAAR decision where the FCA found that a bump transaction involving Canadian resource properties abused paragraph 88(1)(d). The FCA applied the GAAR to deny only the portion of the capital loss that is attributable to the ACB bump, thereby revising the TCC decision in part.

In this article, Shannon Sweeney examines the practical and cost consequences arising from Ontario’s October 1, 2025 increase of the Small Claims Court monetary limit to $50,000. She explains how litigants who commenced actions under the Superior Court’s Simplified Procedure may now face difficult strategic decisions, particularly where significant procedural steps have already been completed. While the Superior Court retains discretion to award costs in cases that fall within Small Claims jurisdiction, Sweeney notes that such discretion is exercised sparingly and only in exceptional circumstances. Ultimately, the article underscores that remaining in Simplified Procedure may be reasonable in limited contexts, but meaningful cost recovery is unlikely once damages fall within Small Claims limits.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario from January 12, 2026 to January 16, 2026.

Subsection 247(2.1) establishes that transfer pricing rules take precedence over other tax provisions when determining transactions for Canadian corporations with related non-residents. This subsection outlines three ordering rules, introduced in Budget 2019 and legislated under Bill C-30 – these rules can be pertinent to Canadian technology firms participating in Scientific Research and Experimental Development (“SR&ED”) initiatives, particularly when a related non-resident company is involved. This article addresses potential uncertainties associated with applying these ordering rules when calculating ITCs – and subsequent sale/disposition of a developed asset via SR&ED activities.

Tax disputes follow many stages and phases. Each phase of a tax dispute from CRA audit and appeals to appealing to the Tax Court of Canada includes different practical and qualitative considerations for taxpayers. Where a taxpayer disagrees with positions and processes while at the CRA audit and appeals steps, the Tax Court of Canada offers an important check on the application of tax law. In addition to more robust rules and procedures at the Tax Court of Canada, judicial oversight can help ensure a fairer process for taxpayers when compared to the Taxpayer Bill of Rights. Adding the perspective of Department of Justice lawyers when appealing to the Tax Court of Canada can also facilitate settlement by providing a new risk assessment for the Minister.

In its 2025 Federal Budget, the Department of Finance Canada proposed certain amendments to the Income Tax Act (Canada) that are intended to simplify the qualified investment regime for registered plans. This article provides a short overview and discussion of the proposed changes.