2024 year in review: Dentons Canada’s top client insights

December 13, 2024

Amid rapid technological advancements, shifting regulatory frameworks and unprecedented global challenges, staying current on emerging trends is critical for legal professionals and business executives alike. In 2024, Dentons Canada produced over 200 client insights, blogs and podcasts on key legal updates and developments of interest to domestic and global organizations operating in Canada. As the year winds down, we highlight the top publications that captured your attention the most.

1. M&A in the AI Space - Structuring Transaction Documents

The artificial intelligence (AI) industry has seen rapid growth in recent years, and this spectacular rate of adoption and value generation has made it all the more important for lawyers working on M&A transactions to educate themselves on AI structuring considerations to better protect the interests of their clients.

2. ChatGPTrial and error: Those who rely on AI may face consequences in Canadian courtrooms

Many of us have heard of lawyers in North America submitting fabricated legal precedents generated by ChatGPT. This has led Canadian courts and law societies to begin implementing guidelines and regulations surrounding the use of generative AI in legal proceedings.

3. "Are you recording this?!": Discussing the recent trend of posting termination meetings on social media

2024 saw an emerging trend of employees surreptitiously recording and posting their termination meetings on social media. We discuss the proactive steps Canadian employers can take regarding their legal obligations amid this recent trend.

4. Real estate private equity in the Canadian market

Real estate private equity involves creating investment vehicles to raise funds for acquiring real estate assets, generating returns through their management, development and eventual sale. These vehicles typically rely on capital from high-net-worth individuals or institutions and are governed by limited partnership agreements. We outline the key investment strategies and regulatory considerations in the Canadian real estate private equity market.

5. Duty to investigate informal complaints of discrimination in the workplace

Employers have a positive duty to investigate both informal and formal allegations of discrimination, ensuring that each party has an opportunity to share their evidence. We discuss two cases that demonstrate how an employer may still be liable even where an adjudicator concludes there was no discrimination in the workplace.

6. Canada's PIPEDA remains "adequate" under the GDPR: what it means for business

In January 2024, the European Commission published its decision relating to the adequacy of the data protection offered by 11 countries. As part of the decision, it was announced that Canada's Personal Information Protection and Electronic Documents Act will continue to benefit from its adequacy status. We discuss what this means for organizations doing business in Canada and analyze the impacts on Canadian privacy legislation.

7. Can employees be terminated "for any reason," but not "at any time"?

In early 2024, the Ontario Superior Court ruled that in the case of Dufault v. the Corporation of the Township of Ignace, the termination clause was unenforceable under the Employment Standards Act due to invalid for-cause language. We provide an overview of the case and discuss what this can potentially mean for employers.

8. 2024: The year of the privacy right to data portability - Understanding it to implement it

The right to portability came into force in Canada on September 22, 2024, through Québec Act 25. We examine how the right to data portability has been interpreted in Europe under the General Data Protection Regulation (GDPR) since Canadian commissioners, starting with the Commission d'accès à l'information du Québec, are likely to follow that lead to enforce the right to data portability in Canada.

9. April showers bring more changes to Ontario's land use planning framework - Deep dive on Ontario's proposed Provincial Planning Statement, 2024

The Ontario government recently released an updated draft of the Provincial Planning Statement, aimed at facilitating growth, increasing intensification, promoting a range and mix of housing options and removing barriers to assist with the implementation of the Housing Supply Action Plan. We provide an in-depth look at the most recent version of the proposed Provincial Planning Statement, 2024 and some of the key policy changes that are proposed to Ontario's land use planning regime, including how the changes compare to the current Provincial Policy Statement, 2020 and the draft Provincial Planning Statement released in 2023.

10. Canada's new Digital Services Tax Act now in force: Overview and implications

Canada's new Digital Services Tax Act (DST Act) came into force following the royal assent of Bill C-59 on June 20, 2024, and the subsequent order by the Governor General in Council. We provide an overview of the key aspects of the DST Act and its implications for large foreign and domestic businesses.

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