Balancing Act

Can investors commence proceedings under the Companies’ Creditors Arrangement Act? Can those proceedings be brought against entities with no assets or operations in Canada? And can they target solvent entities? The Alberta Court of Appeal addressed these questions in a landmark decision,

Can a right of first refusal in a lease-purchase agreement published in the Land Register block a receivership sale? In Séquestre de Centre de vacances et d’apprentissage loisirs de Saint-Cyprien, the Superior Court ruled that the tenant’s right could not prevent the transaction proposed by a receiver appointed under the Bankruptcy and Insolvency Act.

Bill C-39, the Building Canada Strong Act, proposes several amendments to the Canada Labour Code. Most affect Part I, which governs unionized workplaces. Federally regulated employers with unionized employees should prepare for these changes.

When a journalist challenges a refusal of access to information in the course of their work, are they acting in a personal capacity or on behalf of their employer? This question lies at the heart of a case in which the CAI stayed the applications for review filed by a journalist pending a Superior Court ruling on the representation issue.

The language obligations of private businesses under federal jurisdiction are being clarified by the draft Use of French in Federally Regulated Private Businesses Regulations. The draft regulations should interest employers, since they set out, among other things, which businesses will be subject to the new federal regime and the steps they will have to take to comply.

The Administrative Labour Tribunal ruled on a case involving two distinct terminations of employment: the first, announced by the employer by way of a nine-month working notice period, and the second, resulting from the employee’s resignation before the expiry of that notice period, allegedly caused by constructive dismissal on the part of the employer.

Effective October 20, 2026, employers under federal jurisdiction must comply with new requirements on equal treatment and the use of temporary help agencies. We present the key points that federally regulated employers should keep in mind as they prepare for these new requirements to take effect.

The Court of Québec allowed an appeal against a decision of the CAI concerning the scope of section 22 of the Act respecting Access to documents held by public bodies and the Protection of personal information. At issue is the interpretation of the expressions “cause losses” and “procure a considerable profit for another person”.

In Tulasne v. Rozon, the Superior Court ruled on the constitutionality of Article 2858.1 C.C.Q., which aimed to prevent the influence of reasoning based on myths and stereotypes.