Real talk from our team about what's happening in the world of corporate litigation and commercial disputes. We share what we're seeing in courtrooms and boardrooms across the country.
I've seen so many businesses get burned on this lately. Just because your contract has a force majeure clause doesn't mean you're covered when things go sideways. Courts in Ontario have gotten way more skeptical about what actually qualifies, and the old boilerplate language that worked five years ago? Yeah, that's not gonna cut it anymore.
Look, I hate being the bearer of bad news, but most companies we work with have way less protection around their confidential info than they think. Remote work has made this even worse – employees accessing sensitive data from coffee shops, using personal devices, sharing files through unsecured channels. We've defended against three major IP theft claims this year alone where basic security protocols would've prevented the whole mess.
Certification standards have loosened up considerably over the past 18 months, and we're seeing claims move forward that would've been shut down at the preliminary stage just a couple years back. If you're a defendant in a potential class action situation right now, your strategy needs to be completely different than what might've worked in 2023. The courts are basically giving plaintiffs more runway to build their case.
The "return to office" mandates have opened up a whole new can of worms. We're seeing employees argue that forced RTO constitutes constructive dismissal, especially when they relocated during the pandemic based on remote work assurances. Some of these claims are actually sticking, which should make every HR department sit up and pay attention.
After working on dozens of M&A deals, I can tell you the stuff that tanks transactions usually isn't in the financial statements. It's the undocumented verbal agreements, the "handshake deal" arrangements with key suppliers, the informal understanding about non-compete terms. We recently walked a client away from what looked like a great acquisition because of issues that didn't show up until day three of our review.
The new amendments to PIPEDA are gonna be fully in force before you know it, and honestly, most companies are nowhere near ready. The penalties for non-compliance have teeth now – we're talking actual financial consequences that'll show up on your balance sheet. If you're still treating privacy compliance as a "we'll get to it eventually" project, you're setting yourself up for a really expensive wake-up call.
We send out a monthly roundup of what's actually worth knowing in Canadian corporate law. No fluff, no generic legal updates that don't apply to your business – just practical insights from cases we're working on and trends we're watching.