Bennett Jones LLP

Supreme Court of Canada Dismisses Leave-on-Leave in Mantle Materials Group: The Priority of Environmental Obligations Extends Beyond the Oil & Gas Industry

In late May, the Supreme Court of Canada (the SCC) denied an application for leave to appeal a decision of the Court of Appeal of Alberta (the ABCA), which, in turn, had denied leave to appeal of the decision of the Court of… more

Abandonment, Bankruptcy Court, Canada, Commercial Bankruptcy, Environmental Liability

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Revamped Competition Act Radically Alters Canadian Competition Law

In our previous Bennett Jones insight, we described several upcoming (and far-reaching) amendments to the Competition Act (the Act) introduced by the Government of Canada in 2023. The most recent set of amendments came into… more

Antitrust Investigations, Antitrust Litigation, Antitrust Provisions, Canada, Competition

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Large Load Integration on Alberta’s Electricity Grid: The AESO’s Proposed Approach for Data Centre Connections

The growing data centre industry continues to be a focal point of the Alberta Government’s economic diversification strategy. Policy work aimed at attracting data centre investment to the province is ongoing and interest in data… more

Canada, Data Centers, Electricity, Energy Policy, Energy Projects

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The PE Briefing: Q1 2025

Even amid the uncertainty of U.S. tariffs and a trade war, there was some positive PE activity in Canada in the first quarter of 2025. What lies ahead after President Trump announced his sweeping global tariff plans on April… more

Acquisitions, Canada, Infrastructure, International Trade, Investment

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23andMe's Data Breach: Key Takeaways

On June 17, 2025, the Office of the Privacy Commissioner of Canada (OPC) released a summary of its investigation findings regarding a data breach at 23andMe, which affected nearly seven million customers, including approximately… more

23andMe, Canada, Cyber Attacks, Cybersecurity, Data Breach

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Alberta's Data Centre Advantage: A Growing Hotspot for Critical Digital Infrastructure

The rapid advancement of artificial intelligence (AI) and machine learning is reshaping industries worldwide, with Alberta emerging as a key destination for AI investments. As nations compete to lead in this transformative… more

Artificial Intelligence, Canada, Clean Energy, Data Centers, Energy Sector

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Proposed Changes to the Guidance on Recognized Standards for Medical Devices in Canada

Changes affecting the approval of medical devices in Canada are coming. Health Canada has released a notice on Proposed Changes to the Guidance on Recognized Standards for Medical Devices along with a Draft List of Recognized… more

Canada, Health Canada, Life Sciences, Medical Devices, Medical Equipment

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The PE Briefing: Q2 2025

The clouds of uncertainty that rapidly formed in early 2025 continue to drift over the private equity landscape in Canada and globally. Tariffs and geopolitics are subduing deal making and investment opportunities, particularly… more

Artificial Intelligence, Canada, Clean Energy, Due Diligence, Geopolitical Risks

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Economic Outlook: Building Resilience and Capacity in a Disrupted World - 2025 Mid-Year

There is much happening in North America and internationally that is disrupting the traditional patterns of trade and investment. Yet, conversations around the world and in Canada remind us of some basic truths. There is… more

Canada, Capital Markets, Foreign Investment, Investment, Private Equity

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Canada’s Q2 2025 M&A Landscape

The total number of Canadian M&A deals declined in the second quarter of 2025 as tariff disruption and uncertainty hampered dealmaking activity. However, the overall value of announced Canadian deals was up considerably in the… more

Acquisitions, Canada, Capital Markets, Foreign Investment, International Trade

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Cultivating Innovation in Agribusiness: Drafting AI Patents—Part 2

In this follow-up blog, we explore the intricacies of artificial intelligence (AI) patents in the AgTech and Agribusiness industry, highlighting significant hurdles and strategic considerations essential to keep front of mind… more

Agribusiness, Agricultural Sector, Artificial Intelligence, Canada, Intellectual Property Protection

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Economic Outlook: Building Resilience and Capacity in a Disrupted World - 2025 Mid-Year

There is much happening in North America and internationally that is disrupting the traditional patterns of trade and investment. Yet, conversations around the world and in Canada remind us of some basic truths. There is… more

Canada, Capital Markets, Foreign Investment, Investment, Private Equity

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Clear and Explicit Contractual Language Required to Impose Arbitration on Third-Party Beneficiaries

The Alberta Court of Appeal in Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc, 2024 ABCA 369 recently held that parties attempting to impose an arbitration requirement on third-party beneficiaries… more

Arbitration, Arbitration Agreements, Arbitrators, Canada, Contract Terms

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Canada's M&A Landscape Q3 2022: It's Not If, It's When

While Canadian M&A activity slowed in Q3, many companies and investors continue to have the appetite and capital to do M&A transactions, including private equity funds who continue to seek accretive opportunities to deploy… more

Acquisitions, Canada, Energy Sector, Investment, Investment Adviser

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Canada Cross-Border De-SPAC Transactions: What U.S.-Listed SPACs and Canadian Companies Need to Know

Key Highlights - - SPAC IPO activity has declined but de-SPAC transactions have proven resilient. - U.S.-listed SPACs are searching for targets internationally, creating opportunities for Canadian companies. - Key… more

Acquisitions, Canada, Cross-Border, Cross-Border Transactions, Initial Public Offering (IPO)

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About Hydro-Québec’s Announces Call for Tenders for 300 MW Acquisition

On May 6, 2025, Hydro-Québec launched a call for tenders (A/O 2025-01) for the acquisition of a 300-megawatt (MW) block of electricity generated from photovoltaic solar energy. This is the first commercial call for tenders… more

Canada, Clean Energy, Electricity, Energy Policy, Energy Projects

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Court of Appeal Certifies Negligence Claim Against Gun Manufacturer for Mass Shooting

The Court of Appeal for Ontario has certified a class action against the manufacturer of a stolen handgun used to carry out the 2018 mass shooting on Danforth Avenue in Toronto, reversing in part the motion judge’s decision… more

Class Action, Design Defects, Duty of Care, Evidence, Gun Manufacturers

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The PE Briefing: Q2 2025

The clouds of uncertainty that rapidly formed in early 2025 continue to drift over the private equity landscape in Canada and globally. Tariffs and geopolitics are subduing deal making and investment opportunities, particularly… more

Artificial Intelligence, Canada, Clean Energy, Due Diligence, Geopolitical Risks

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Court of Appeal Refines the Corporate Attribution Doctrine

The corporate attribution doctrine concerns the attribution of the actions of a corporation’s directing mind to the corporation itself.  On March 10, 2022, in Ernst & Young Inc. v. Aquino [Aquino], the Court of Appeal released… more

Canada, Corporate Counsel, Corporate Financing, Corporate Fraud, Corporate Liability

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Ontario Court of Appeal Provides Further Guidance on the Leave Test for Securities Misrepresentation Claims

The test for leave to bring a secondary market securities misrepresentation claim under section 138.3 of the Ontario Securities Act (OSA) has been the source of much confusion and conflicting jurisprudence. In a series of… more

Canada, Misrepresentation, Ontario Securities Act, Scienter, Securities

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TSX Proposes Amendments to Listing Requirements

The Toronto Stock Exchange (TSX) has published for comment proposed amendments to the TSX Company Manual (the Manual). The amendments are intended to support capital markets by… more

Canada, Capital Markets, Initial Public Offering (IPO), Listing Rules, Mining

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Drawing Plausible Inferences on Limitation Period Questions: The SCC Articulates the Test for Discoverability

A claim is "discovered" (and therefore the statutory limitation period ordinarily begins to run) when a plaintiff has actual or constructive knowledge of the material facts upon which a plausible inference of liability on the… more

Canada, Discovery, Supreme Court of Canada

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Economic Outlook: Building Resilience and Capacity in a Disrupted World - 2025 Mid-Year

There is much happening in North America and internationally that is disrupting the traditional patterns of trade and investment. Yet, conversations around the world and in Canada remind us of some basic truths. There is… more

Canada, Capital Markets, Foreign Investment, Investment, Private Equity

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Canadian Securities Administrators Publish Tenth Report Regarding Women on Boards and in Executive Officer Positions

The Canadian Securities Administrators (CSA) recently published its 10th annual Review of Disclosure Regarding Women on Boards and in Executive Officer Positions (Year 10 Report) (the Review). The Review outlines the CSA's key… more

Board of Directors, Canada, Canadian Securities Administration, Corporate Governance, Corporate Officers

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Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

This guide highlights the key factors tech startups should consider when choosing where to incorporate in Canada. It takes into account the unique needs of tech startups and the recent efforts by Canadian jurisdictions to update… more

Business Entities, Canada, Corporate Finance, Corporate Governance, Forum Shopping

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Ontario Passes Bill 97, Advancing the Province's Ambitious Housing Supply Action Plan for Homebuyers

On June 8, 2023, Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023 (Bill 97) received royal assent. Bill 97 was initially introduced April 6, 2023 as part of Ontario's Helping Homebuyers, Protecting Tenants housing… more

Canada, Home Buyer, Homeowners, Land Developers, Real Estate Development

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TSX Venture Exchange Updates Escrow Policy for New Listings

The TSX Venture Exchange (TSXV) has announced updates to its policy on escrow and resale restrictions. The immediately effective updates amended and renamed Policy 5.4 – Capital Structure, Escrow and Resale Restrictions (New… more

Canada, Canadian Securities Administration, Capital Markets, Escrow Accounts, Initial Public Offering (IPO)

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It All Comes Out in the Wash: Regulatory Action on AI Washing Ramps Up

Securities-related regulatory action regarding “AI washing” has been increasing in the United States, serving as a warning of potential future developments in Canada. AI washing, as defined by the Canadian Securities… more

Artificial Intelligence, Canada, Canadian Securities Administration, Class Action, Compliance

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US $2.6-Billion Fraud Judgment Awarded Against Former Sino-Forest CEO

On March 14, 2018, the Honourable Justice Penny of the Ontario Superior Court (Commercial List Division) released a decision granting a US$2.6-billion judgment to the SFC Litigation Trust for fraud and breach of fiduciary duty… more

Breach of Duty, Canada, Canadian Securities Administration, Enforcement Actions, Evidence

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Unchartered Territories: Canadian Courts and Law Societies Grapple with the Use of Generative Artificial Intelligence Tools

Canadian courts and law societies, alike, are faced with an ever-evolving challenge: straddling the line between recognizing the potential benefits of emergent generative artificial intelligence (GenAI), while balancing the… more

Algorithms, Artificial Intelligence, Canada, Cybersecurity, Data Privacy

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New CSA Amendments Regarding Investments in Crypto Assets Come into Force

New amendments and changes to National Instrument 81-102 Investment Funds (NI 81-102) and its Companion Policy 81-102CP took effect on July 16, 2025, regulating public investment funds that invest in crypto assets… more

Canada, Cryptoassets, Digital Assets, Financial Institutions, Investment

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Ontario Passes Bill 97, Advancing the Province's Ambitious Housing Supply Action Plan for Homebuyers

On June 8, 2023, Bill 97, the Helping Homebuyers, Protecting Tenants Act, 2023 (Bill 97) received royal assent. Bill 97 was initially introduced April 6, 2023 as part of Ontario's Helping Homebuyers, Protecting Tenants housing… more

Canada, Home Buyer, Homeowners, Land Developers, Real Estate Development

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More Legislative Changes for Ontario Employers as Ontario’s Working for Workers Five Act, 2024 Receives Royal Assent

On October 28, 2024, Ontario's Working for Workers Five Act, 2024 (Bill 190) received Royal Assent. As Ontario’s fifth and most recent legislative initiative introduced under the “Working for Workers” headline, Bill 190 makes… more

Canada, Employee Benefits, Employer Liability Issues, Employment Policies, Hiring & Firing

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Class Actions: Looking Forward 2025

We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to… more

Antitrust Litigation, Antitrust Violations, Appeals, Canada, Class Action

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Canadian Securities Administrators Publish Tenth Report Regarding Women on Boards and in Executive Officer Positions

The Canadian Securities Administrators (CSA) recently published its 10th annual Review of Disclosure Regarding Women on Boards and in Executive Officer Positions (Year 10 Report) (the Review). The Review outlines the CSA's key… more

Board of Directors, Canada, Canadian Securities Administration, Corporate Governance, Corporate Officers

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Is Pricing All That Matters When Borrowing?

For many borrowers, pricing is the most significant factor when deciding on a lender. If you are borrowing from a mid-market lender (MML), it is more than likely that the deal will be papered on that MML's standard form… more

Banking Sector, Banks, Canada, Creditors, Debtors

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Is The Mining of Bitcoin Permitted Under Your Lease? Lessons from Flowers v Persist Oil and Gas Inc.

In Flowers v Persist Oil and Gas Inc., 2025 ABKB 142, the Court of King's Bench of Alberta provides some important reminders to commercial landlords, tenants and their respective lenders regarding the growing intersection… more

Bitcoin Mining, Canada, Commercial Leases, Cryptocurrency, Digital Assets

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ONSC Denies Claim for Acceleration of Earn-Out Payment

The Ontario Superior Court of Justice recently released its decision in Project Freeway Inc. v ABC Technologies Inc. (2025 ONSC 1048), addressing whether certain post-closing transactions triggered the acceleration of an… more

Acquisitions, Business Litigation, Canada, Contract Disputes, Contract Interpretation

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CRA Relief and Proposed Amendments Mitigate Bare Trust Reporting Burden on Energy Companies

On October 29, 2024, the Canada Revenue Agency (CRA) issued a release stating that it will not require bare trusts to file trust returns for the 2024 tax year, continuing the administrative exemption that was granted for the… more

Canada, Energy Sector, Income Taxes, Oil & Gas, Tax Credits

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Alberta Gains New Tort of Harassment and Limits Defamation By Government Actors—Online and IRL

Court Unveils Four-Part Harassment Lawsuit Test A bold Alberta Court of King's Bench decision, Alberta Health Services v Johnston, 2023 ABKB 209, declined to follow Ontario appellate authority on the issue and established the… more

Canada, Defamation, Digital Communications, Electronic Communications, Harassment

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Class Actions: Looking Forward 2025

We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to… more

Antitrust Litigation, Antitrust Violations, Appeals, Canada, Class Action

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The Competition Bureau Weighs in with Final Property Control Guidelines

The Competition Bureau (Bureau) has released its finalized property control guidelines (Guidelines) outlining the Bureau's ongoing approach to enforcing competition property controls under the Competition Act (Act). These… more

Antitrust Provisions, Canada, Commercial Leases, Competition Act, Enforcement

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AI Notetaking in the Legal and Business Context: Does It Risk Confidentiality or Privilege?

As businesses modernize, many are turning to artificial intelligence (AI) tools to increase productivity and lower costs. One such tool is AI notetaking—automated meeting transcriptions, real-time summaries and searchable… more

Artificial Intelligence, Attorney-Client Privilege, Best Practices, Canada, Confidential Information

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BC Hydro 2025 Call for Power: Overview of Request for Proposal Documents

Further to its April announcement, BC Hydro is moving forward with its 2025 Call for Power (2025 Call). As part of the 2025 Call, BC Hydro issued a request for proposals (RFP) on July 28, 2025. The RFP aims to acquire up to… more

Canada, Clean Energy, Energy Projects, Energy Sector, First Nations

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Class Actions: Looking Forward 2025

We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to… more

Antitrust Litigation, Antitrust Violations, Appeals, Canada, Class Action

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Advertising and Marketing in Ontario's New iGaming Market: Update for Private Operators

The Alcohol and Gaming Commission of Ontario (AGCO) has announced new guidance for Internet gaming (iGaming) advertising and marketing, leading up to the launch of the province's new iGaming market on April 4, 2022… more

Advertising, Canada, Casinos, Gambling, Gaming

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Changes to Canadian Patent Law

On October 30, 2019, the final stage of the new Canadian Patent Law will come into force. There will be many changes to Canadian Patent Law and practice… more

Canada, Corporate Counsel, Due Care, Intellectual Property Protection, New Rules

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The Competition Bureau Weighs in with Final Property Control Guidelines

The Competition Bureau (Bureau) has released its finalized property control guidelines (Guidelines) outlining the Bureau's ongoing approach to enforcing competition property controls under the Competition Act (Act). These… more

Antitrust Provisions, Canada, Commercial Leases, Competition Act, Enforcement

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What Does the SPAC IPO Rebound Mean for Cross-Border Deals?

The start of 2025 has seen an uptick in special purpose acquisition company (SPAC) initial public offering (IPO) activity in the United States as the broader market grapples with political and economic volatility and traditional… more

Canada, Canadian Securities Administration, Capital Markets, Cross-Border Transactions, FinTech

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Spartan Delta Appeal Raises Uncertainty for Co-Lessees After Insolvency

Years after an insolvency proceeding is closed, can a solvent co-lessee/working interest participant (WIP) still be on the hook for their former partner’s share of unpaid Crown royalties? A recent Alberta Court of Appeal… more

Appeals, Asset Purchase Agreements, Bankruptcy Court, Buyers, Canada

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Sector Snapshot: Private Equity Increasingly Hungry for Food and Beverage Industry Deals

Private equity investment in the food and beverage industry continues to steadily increase, driven in part by evolving consumer preferences and a heightened focus on sustainability. In 2024, private equity deal activity in North… more

Agribusiness, Canada, Investment, Private Equity, Sustainability

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Misbehaving Employees Beware: Ontario Court Cracks Down on Post-Termination Misconduct

The recent decision in Bougiotis v Manji, 2025 ONSC 2365 (Bougiotis), is a cautionary tale for departed employees thinking of misbehaving; and serves as an example of the relief available to employers where former employees… more

Confidential Information, Damages, Defamation, Employee Misconduct, Employment Litigation

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The Strong Borders Act Seeks to Strengthen the Canadian Anti-Money Laundering Regime

The federal government recently introduced Bill C-2, which is known as the Strong Borders Act. It maintains certain proposed amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) introduced… more

AML/CFT, Canada, Enforcement Actions, Money Laundering, Penalties

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New $30 Billion Transit Fund: Legal Perspectives on Canada's Evolving Public Transit and Capital Projects Landscape

On July 17, 2024, Prime Minister Justin Trudeau announced the official establishment of the Canada Public Transit Fund (CPTF). This initiative will provide $30 billion over the next 10 years and up to $3 billion annually on a… more

Canada, Climate Change, Federal Budget, Federal Funding, Funding

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Amendments to Canada's Export Control List Take Effect May 1, 2020

On April 1, 2020, Global Affairs Canada published an Order Amending the Export Control List, SOR/2020-48. The Order updated the Export Control List, SOR/89-202 (ECL) to incorporate by reference an updated version of A Guide to… more

Canada, Export Controls, Exports

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BC Hydro 2025 Call for Power: Overview of Request for Proposal Documents

Further to its April announcement, BC Hydro is moving forward with its 2025 Call for Power (2025 Call). As part of the 2025 Call, BC Hydro issued a request for proposals (RFP) on July 28, 2025. The RFP aims to acquire up to… more

Canada, Clean Energy, Energy Projects, Energy Sector, First Nations

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Is The Mining of Bitcoin Permitted Under Your Lease? Lessons from Flowers v Persist Oil and Gas Inc.

In Flowers v Persist Oil and Gas Inc., 2025 ABKB 142, the Court of King's Bench of Alberta provides some important reminders to commercial landlords, tenants and their respective lenders regarding the growing intersection… more

Bitcoin Mining, Canada, Commercial Leases, Cryptocurrency, Digital Assets

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Mining Interest in ATMs Spikes in Canada

Canadian mining issuers are showing an increased interest in at-the-market equity programs (ATMs) to access funding. Since July 2019, ATM offerings on Canadian exchanges worth well over $500 million have been announced in the… more

Canada, Canadian Securities Administration, Capital Raising, Corporate Issuers, Mineral Exploration

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Economic Outlook: Building Resilience and Capacity in a Disrupted World - 2025 Mid-Year

There is much happening in North America and internationally that is disrupting the traditional patterns of trade and investment. Yet, conversations around the world and in Canada remind us of some basic truths. There is… more

Canada, Capital Markets, Foreign Investment, Investment, Private Equity

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What's Driving Vertical Farming in Canada?

Vertical farming is gaining momentum in Canada, driven in large part by changing consumer tastes, the need for greater sustainability and advanced technology… more

Agribusiness, Agricultural Sector, Canada, Farms, Food Manufacturers

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New $30 Billion Transit Fund: Legal Perspectives on Canada's Evolving Public Transit and Capital Projects Landscape

On July 17, 2024, Prime Minister Justin Trudeau announced the official establishment of the Canada Public Transit Fund (CPTF). This initiative will provide $30 billion over the next 10 years and up to $3 billion annually on a… more

Canada, Climate Change, Federal Budget, Federal Funding, Funding

See all updates »

Class Actions: Looking Forward 2025

We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to… more

Antitrust Litigation, Antitrust Violations, Appeals, Canada, Class Action

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Lines in the Sand: A Case of Adverse Possession from Cottage Country

Once again, cottage season is upon us—and like the return of the season, the Ontario Superior Court of Justice (Court) has returned to the well-settled law of adverse possession, which continues to surface in modern property… more

Adverse Possession, Canada, Cottage Properties, Land Owners, Land Titles

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Private Equity and Venture Capital Investors Showing Renewed Interest in the Defence Industry

With NATO members recently agreeing to increase defence spending to levels unseen since the Second World War, this is a timely opportunity to take a closer look at a theme we have been hearing a lot about lately – the growing… more

Aerospace, Canada, Investment, National Security, Popular

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Ontario Introduces Bill 30, Working for Workers Seven Act, 2025

On May 28, 2025, the Government of Ontario introduced Bill 30, Working for Workers Seven Act, 2025 (Bill 30), representing the latest addition to a series of legislative initiatives that Ontario has seen introduced under the… more

Employee Rights, Employer Responsibilities, Layoffs, New Legislation, OSHA

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Momentum Shift: Canada’s M&A Landscape in 2025

A variety of factors are expected to significantly increase Canadian M&A activity in 2025. These include the likelihood of a more merger friendly regulatory environment in the United States for cross-border transactions, lower… more

Acquisitions, Artificial Intelligence, Canada, Corporate Counsel, Energy Sector

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Impacts of Canada and Australia Collaboration on Critical Minerals

Despite challenging capital markets for mining companies, the PDAC conference saw relative enthusiasm and optimism amongst its attendees. One area of particular focus for governments remains efforts to encourage investment in… more

Australia, Canada, Critical Infrastructure Sectors, Environmental Social & Governance (ESG), Foreign Investment

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Final Guidelines from the Competition Bureau on Environmental Claims in Canada

On June 5, 2025, the Competition Bureau (the Bureau) published its final Guidelines for environmental claims under the Competition Act (the Act). The Guidelines were created to help businesses and the public understand the… more

Canada, Competition Act, Consumer Protection Laws, Due Diligence, Enforcement Actions

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New CSA Exemption Relating to Proxy Requirements For Uncontested Director Elections

Clarity for CBCA Incorporated Reporting Issuers On January 31, 2023, the Canadian Securities Administrators (CSA) published an exemption (the Exemption) for reporting issuers incorporated under the Canada Business Corporations… more

Board of Directors, Canada, Canadian Securities Administration, Disclosure Requirements, Proxy Season

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Is Pricing All That Matters When Borrowing?

For many borrowers, pricing is the most significant factor when deciding on a lender. If you are borrowing from a mid-market lender (MML), it is more than likely that the deal will be papered on that MML's standard form… more

Banking Sector, Banks, Canada, Creditors, Debtors

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Canadian Government Financing for Large Enterprises Impacted by US Tariffs and Canadian Countermeasures

Canada Development Investment Corp. (CDEV) has announced the launch of the Large Enterprise Tariff Loan (LETL) facility, a new government-backed loan facility to support large Canadian enterprises affected by actual and… more

Canada, Corporate Governance, Economic Sanctions, Financial Services Industry, Government Agencies

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Canadian Patentees are Presumptively Entitled to the Remedies of an Accounting of Profits and a Permanent Injunction

In two companion appeals relating to patents over television interactive programming guides, the Federal Court of Appeal clarified that a successful patent plaintiff is entitled to an accounting of the defendant’s profits linked… more

Canada, eBay Test, Intellectual Property Protection, Patent Infringement, Patent Invalidity

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23andMe's Data Breach: Key Takeaways

On June 17, 2025, the Office of the Privacy Commissioner of Canada (OPC) released a summary of its investigation findings regarding a data breach at 23andMe, which affected nearly seven million customers, including approximately… more

23andMe, Canada, Cyber Attacks, Cybersecurity, Data Breach

See all updates »

Canada’s Q2 2025 M&A Landscape

The total number of Canadian M&A deals declined in the second quarter of 2025 as tariff disruption and uncertainty hampered dealmaking activity. However, the overall value of announced Canadian deals was up considerably in the… more

Acquisitions, Canada, Capital Markets, Foreign Investment, International Trade

See all updates »

New Legislation Will Require Money Services Businesses in British Columbia to Register

In June 2022, we summarized the key recommendations that came out of the Final Report of the Cullen Commission in our blog, The Cullen Commission Releases Its Final Report on Money Laundering in British Columbia—Key Takeaways… more

Banking Sector, Banks, Canada, Financial Institutions, Financial Services Industry

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COVID-19 Medical Devices: Fast-Tracking Authorizations

As a result of the COVID-19 pandemic, protective medical equipment including masks and gowns, and medical devices for use in testing and treating COVID-19 patients are in high demand. Manufacturers of these medical devices are… more

Canada, Coronavirus/COVID-19, Health Canada, Medical Devices, Personal Protective Equipment

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Economic Outlook: Building Resilience and Capacity in a Disrupted World - 2025 Mid-Year

There is much happening in North America and internationally that is disrupting the traditional patterns of trade and investment. Yet, conversations around the world and in Canada remind us of some basic truths. There is… more

Canada, Capital Markets, Foreign Investment, Investment, Private Equity

See all updates »

Class Actions: Looking Forward 2024

In our 2024 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead… more

Canada, Class Action, Class Certification, Competition, Competition Act

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TSX Venture Exchange Updates Escrow Policy for New Listings

The TSX Venture Exchange (TSXV) has announced updates to its policy on escrow and resale restrictions. The immediately effective updates amended and renamed Policy 5.4 – Capital Structure, Escrow and Resale Restrictions (New… more

Canada, Canadian Securities Administration, Capital Markets, Escrow Accounts, Initial Public Offering (IPO)

See all updates »

Revamped Competition Act Radically Alters Canadian Competition Law

In our previous Bennett Jones insight, we described several upcoming (and far-reaching) amendments to the Competition Act (the Act) introduced by the Government of Canada in 2023. The most recent set of amendments came into… more

Antitrust Investigations, Antitrust Litigation, Antitrust Provisions, Canada, Competition

See all updates »

Canadian Securities Regulators Take Further Incremental Steps to Promote Access to Capital Markets

Against the current backdrop of global market uncertainty, on April 17, 2025, the Canadian Securities Administrators (CSA) announced new incremental measures aimed at reducing regulatory burden for reporting issuers,… more

Canada, Canadian Securities Administration, Capital Markets, Capital Raising, Disclosure Requirements

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Class Actions: Looking Forward 2024

In our 2024 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead… more

Canada, Class Action, Class Certification, Competition, Competition Act

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Double Vision: Alberta Court of Appeal Confirms Double Costs Follow Formal Offer in Interlocutory Appeal

​​​​​​​Awarding double costs on appeals following a formal offer to settle encourages parties to resolve claims quickly among themselves and at the least expense, the Alberta Court of Appeal recently confirmed in Mostafa… more

Appeals, Canada, Commercial Litigation, Double Damages, Interlocutory Appeals

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Exempt Market Dealers Granted Limited Access to Prospectus Offerings

Exempt Market Dealers (EMDs) in several Canadian provinces—British Columbia, Alberta, Saskatchewan, Ontario, Quebec and Nova Scotia—can now, under certain conditions, participate in prospectus offerings as part of a selling… more

Accredited Investors, Canada, Canadian Securities Administration, Financial Adviser, Investors

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Economic Outlook: Building Resilience and Capacity in a Disrupted World - 2025 Mid-Year

There is much happening in North America and internationally that is disrupting the traditional patterns of trade and investment. Yet, conversations around the world and in Canada remind us of some basic truths. There is… more

Canada, Capital Markets, Foreign Investment, Investment, Private Equity

See all updates »

New Information Technology Security Requirements for Critical Infrastructure Facilities in Alberta

On May 31, 2025, the Alberta Security Management for Critical Infrastructure Regulation (the Regulation) will come into force and is expected to alter existing security requirements for critical resource infrastructure in… more

Canada, Critical Infrastructure Sectors, Cybersecurity, Data Security, Energy Sector

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Federal Government Proposes Changes to 30 Percent Rule to Spur Pension Investment Within Canada

Canada’s federal government announced it intends to remove the “30 percent rule” for investments by domestic pension funds in Canadian entities. The change is part of the Fall Economic Statement that was released on December 16,… more

Canada, Compensation & Benefits, Employee Benefits, Employee Contributions, Employer Contributions

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CSA Proposes to Expand Diversity Disclosure

The Canadian Securities Administrators (CSA) are currently seeking public comment on proposed amendments and changes to the disclosure requirements for reporting issuers not listed on the TSX Venture Exchange or the Canadian… more

Board of Directors, Canada, Canadian Securities Administration, Corporate Governance, Disclosure Requirements

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The PE Briefing: Q1 2025

Even amid the uncertainty of U.S. tariffs and a trade war, there was some positive PE activity in Canada in the first quarter of 2025. What lies ahead after President Trump announced his sweeping global tariff plans on April… more

Acquisitions, Canada, Infrastructure, International Trade, Investment

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Class Actions: Looking Forward 2025

We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to… more

Antitrust Litigation, Antitrust Violations, Appeals, Canada, Class Action

See all updates »

Protecting Innovation in Oil and Gas: AI, Automation and the High-Tech Frontier

In May 2025, Canada’s natural resources minister expressed the government’s intention for reduced approval timelines for major energy projects from five years to two… more

Artificial Intelligence, Automation Systems, Clean Energy, Energy Projects, Intellectual Property Protection

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CSA Announce Amendments to Accredited Investor, Minimum Amount and Short-Term Debt Prospectus Exemption Rules

On February 19, 2015, the Canadian Securities Administrators (CSA) announced amendments to National Instrument 45-106 Prospectus and Registration Exemptions (NI 45-106), which are expected to come into force this spring… more

Accredited Investors, Canada, Canadian Securities Administration, Funding, Investors

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Updates to COVID-19 Pandemic-Related Economic Stimulus for Canadian Businesses

As described in our initial blog post, COVID-19 Pandemic-Related Economic Stimulus for Canadian Businesses, published on April 8 and our update posts, published on April 16, April 24 and May 22, the Canadian federal government… more

Canada, Coronavirus/COVID-19, Public Health Emergency, Relief Measures

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Securities Regulators Provide Guidance for AGMs During COVID-19 Outbreak

As discussed in our earlier update, COVID-19 and Annual Shareholder Meetings, many issuers are reconsidering certain elements of their upcoming annual shareholders meeting (AGM). The regulatory reaction to this trend has become… more

Annual Meeting, Canadian Securities Administration, Coronavirus/COVID-19, Corporate Governance

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New CSA Amendments Regarding Investments in Crypto Assets Come into Force

New amendments and changes to National Instrument 81-102 Investment Funds (NI 81-102) and its Companion Policy 81-102CP took effect on July 16, 2025, regulating public investment funds that invest in crypto assets… more

Canada, Cryptoassets, Digital Assets, Financial Institutions, Investment

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Court of Appeal Certifies Negligence Claim Against Gun Manufacturer for Mass Shooting

The Court of Appeal for Ontario has certified a class action against the manufacturer of a stolen handgun used to carry out the 2018 mass shooting on Danforth Avenue in Toronto, reversing in part the motion judge’s decision… more

Class Action, Design Defects, Duty of Care, Evidence, Gun Manufacturers

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Self-Induced Urgency Is Not “Urgent"

"Self-induced urgency is not “urgent”." That was the opening line, and the ultimate decision from Hon. Justice Myers in Nicholas v Ogniewicz, 2021 ONSC 4442. The case involved an application by the purchaser for a one-hour… more

Canada, Coronavirus/COVID-19, Real Estate Development, Real Estate Investments, Real Estate Market

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What's Done is Done: Alberta Court of Appeal Declines to Unwind Arrangement Transaction Despite Errors

​​​​​​​Despite finding a clear error resulting in warrant holders being deprived of meeting and voting rights under a court-approved plan of arrangement, the Alberta Court of Appeal declined to grant relief and unwind the… more

Acquisitions, Board of Directors, Canada, Mining, Publicly-Traded Companies

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Canada Unveils Sweeping New Russia Sanctions Targeting Trade, Sanctions Evasion and Key Industries

On June 13, 2025, the Government of Canada registered three significant packages of amendments to the Special Economic Measures (Russia) Regulations (the Regulations) under SOR/2025-141, SOR/2025-142 and SOR/2025-143. Officially… more

Canada, Economic Sanctions, Export Controls, Financial Institutions, Imports

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23andMe's Data Breach: Key Takeaways

On June 17, 2025, the Office of the Privacy Commissioner of Canada (OPC) released a summary of its investigation findings regarding a data breach at 23andMe, which affected nearly seven million customers, including approximately… more

23andMe, Canada, Cyber Attacks, Cybersecurity, Data Breach

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About Hydro-Québec’s Announces Call for Tenders for 300 MW Acquisition

On May 6, 2025, Hydro-Québec launched a call for tenders (A/O 2025-01) for the acquisition of a 300-megawatt (MW) block of electricity generated from photovoltaic solar energy. This is the first commercial call for tenders… more

Canada, Clean Energy, Electricity, Energy Policy, Energy Projects

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ONSC Denies Claim for Acceleration of Earn-Out Payment

The Ontario Superior Court of Justice recently released its decision in Project Freeway Inc. v ABC Technologies Inc. (2025 ONSC 1048), addressing whether certain post-closing transactions triggered the acceleration of an… more

Acquisitions, Business Litigation, Canada, Contract Disputes, Contract Interpretation

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Stoneway: Use of the CBCA as a Cross-Border Restructuring Tool

In May 2022, the Canada Business Corporations Act (CBCA) was used to implement a cross-border and international restructuring of a group of companies (collectively known as Stoneway),1 whose principal business is the operation… more

Bankruptcy Code, Canada, Chapter 11, Corporate Counsel, Corporate Governance

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In Dealing with Fraudulent Conveyances—The Rebuttable Presumption of Fraudulent Intent—IE CA 3 Holdings Ltd. v NYDIG ABL LLC, 2024 BCCA 244

A requirement of proving a fraudulent conveyance occurred is establishing that the conveyance was fraudulently intended. Courts in British Columbia will rely on the presence of ‘badges of fraud’, such as whether the conveyance… more

Business Litigation, Canada, Contract Terms, Creditors, Debtors

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Major Change in Alberta Occupational Health and Safety Scene Disturbance Law

In a blink-and-you’ll-miss-it moment in April 2025, the Government of Alberta issued a Director Order that significantly altered the legal landscape concerning work site incident scene disturbances. In essence, we have returned… more

Canada, Construction Industry, Employees, Employer Responsibilities, New Regulations

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OSC Provides Guidance on “Necessary Course of Business” Exception to Prohibition Against Tipping

In a recent decision, Kraft (Re) (Kraft), the Ontario Capital Markets Tribunal (the Tribunal) articulated clear guidance with respect to the application of the necessary course of business (NCOB) exception to the prohibition… more

Board of Directors, Canada, Canadian Securities Administration, Capital Markets, Corporate Governance

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Tackling Foreign Regulatory Barriers—International Avenues

Canadian exporters in various sectors sometimes face barriers created by foreign laws, regulations or their interpretation. The vast majority of impediments take the form of product regulatory requirements such as product… more

Canada, Cross-Border Transactions, Export Controls, Exports, Imports

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Federal Court is Reviewing its Class Action Rules

The Federal Court Rules Committee is conducting a review of the Federal Court Rules, and is considering changes to the rules applicable to class actions to "reflect procedural changes in the provinces" and, in particular, the… more

Canada, Class Action, Law Firm Partners, Young Lawyers

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A Flurry of Mining Announcements in Ontario to Start 2025

The Ontario government launched into 2025 with a series of announcements on mineral exploration, its critical minerals strategy and cooperation with the United States. While we cannot lose sight of the subsequent election call,… more

Critical Infrastructure Sectors, Energy Policy, Infrastructure, Investment, Mineral Exploration

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The Strong Borders Act Seeks to Strengthen the Canadian Anti-Money Laundering Regime

The federal government recently introduced Bill C-2, which is known as the Strong Borders Act. It maintains certain proposed amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) introduced… more

AML/CFT, Canada, Enforcement Actions, Money Laundering, Penalties

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Closing Down the Condo: When Developers Want In and Owners Want Out

It is becoming more common for condominium owners to consider terminating a condominium in order to recover capital and (potentially) make a profit. In this post, we address some of the key points that condominium owners,… more

Canada, Condominium Associations, Condominium Corporation, Condominiums, Housing Developers

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The Hotel Management Agreement: What, Why and How?

With the global downturn in certain asset class valuations, hotels are experiencing something of a renaissance and have re-emerged as a preferred asset class. With challenges in all but the best in class and transit-oriented… more

Canada, Commercial Leases, Contract Terms, Fees, Franchise Agreements

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Canadian Securities Regulators Propose Permanent Expedited Well-Known Seasoned Issuer Program

On September 21, 2023, the Canada Securities Administrators (CSA) published a notice and request for comment regarding proposed amendments to National Instrument 44-102—Shelf Distributions (NI 44-102) and other securities law… more

Accredited Investors, Canada, Canadian Securities Administration, Exemptions, Financial Adviser

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Booming Venture Capital Investment in Generative AI: Considerations for Investors and Companies

Generative AI is taking the venture capital world by storm. Despite the slump in overall VC funding, investor interest in AI is intensifying. PitchBook notes that "in the world of startup valuations, there's generative AI—and… more

Artificial Intelligence, Canada, Environmental Social & Governance (ESG), Green Finance, Investment

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Canada's Underused Housing Tax: What You Need to Know Before May 1, 2023

What Is the Underused Housing Tax and Why does It Matter? The federal government's Underused Housing Tax Act1 (the Act) and the associated Underused Housing Tax Regulations2 (the Regulations) both took effect on January 1, 2022… more

Canada, Canada Revenue Agency (CRA), Homeowners, New Legislation, Real Estate Investments

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Beyond Serious Prejudice: The BCCA Establishes a New Test to Dismiss for Want of Prosecution

Not infrequently, a plaintiff loses interest in pursuing litigation without being willing to discontinue or settle, or starts litigation to preserve a limitation period without being committed to pursue it. Rule 22-7(7) of the… more

Canada, Dismissals, Supreme Court of British Columbia, Voluntary Dismissals

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Starting a Business in British Columbia: Key Steps and Considerations for Emerging Enterprises

When starting a new business in British Columbia, there are several steps you will have to take to turn your business idea into a reality… more

Business Entities, Business Formation, Business Licenses, Canada, Choice of Entity

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Final Guidelines from the Competition Bureau on Environmental Claims in Canada

On June 5, 2025, the Competition Bureau (the Bureau) published its final Guidelines for environmental claims under the Competition Act (the Act). The Guidelines were created to help businesses and the public understand the… more

Canada, Competition Act, Consumer Protection Laws, Due Diligence, Enforcement Actions

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Young Women in Energy Summit: Diversification of the Energy Sector

The 2024 Young Women in Energy (YWE) Summit took place in stunning Kananaskis at the beginning of March, where women from across Canada gathered to discuss the diversification, decarbonization and digitization of the… more

Canada, Diversity, Diversity and Inclusion Standards (D&I), Energy Sector

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Lower Criminal Interest Rate Now in Effect

As detailed in our prior blog the Government of Canada proposed amendments to lower the criminal interest rate to an annual percentage rate (APR) of 35 percent (the prior criminal interest rate, being an effective rate of 60… more

Canada, Compliance, Consumer Financial Products, Consumer Lenders, Consumer Protection Laws

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Class Actions: Looking Forward 2025

We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to… more

Antitrust Litigation, Antitrust Violations, Appeals, Canada, Class Action

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AI Notetaking in the Legal and Business Context: Does It Risk Confidentiality or Privilege?

As businesses modernize, many are turning to artificial intelligence (AI) tools to increase productivity and lower costs. One such tool is AI notetaking—automated meeting transcriptions, real-time summaries and searchable… more

Artificial Intelligence, Attorney-Client Privilege, Best Practices, Canada, Confidential Information

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Young Women in Energy Summit: Diversification of the Energy Sector

The 2024 Young Women in Energy (YWE) Summit took place in stunning Kananaskis at the beginning of March, where women from across Canada gathered to discuss the diversification, decarbonization and digitization of the… more

Canada, Diversity, Diversity and Inclusion Standards (D&I), Energy Sector

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Canadian Patentees are Presumptively Entitled to the Remedies of an Accounting of Profits and a Permanent Injunction

In two companion appeals relating to patents over television interactive programming guides, the Federal Court of Appeal clarified that a successful patent plaintiff is entitled to an accounting of the defendant’s profits linked… more

Canada, eBay Test, Intellectual Property Protection, Patent Infringement, Patent Invalidity

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What Class Action Settlement Costs Will A Defendant’s Insurer Cover? The Ontario Superior Court of Justice Provides Some Answers

In Tokio Marine & Nichido Fire Insurance v Honda Canada, 2025 ONSC 2856, the Ontario Superior Court upheld an arbitral panel's conclusion that an umbrella insurance policy covered settled class counsel fees, but not settlement… more

Arbitration, Arbitration Awards, Breach of Contract, Canada, Class Action

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Canada’s Initial Tariff Response to Chinese Evs, Steel and Aluminum Overcapacity

On August 23 and 26, 2024, Canada announced a series of measures to address the threat of increased imports of Chinese electric vehicles (EVs), and steel and aluminum products and promised additional consultations on the… more

Canada, China, Cross-Border Transactions, Electric Vehicles, Imports

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Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

This guide highlights the key factors tech startups should consider when choosing where to incorporate in Canada. It takes into account the unique needs of tech startups and the recent efforts by Canadian jurisdictions to update… more

Business Entities, Canada, Corporate Finance, Corporate Governance, Forum Shopping

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Sector Snapshot: Private Equity Increasingly Hungry for Food and Beverage Industry Deals

Private equity investment in the food and beverage industry continues to steadily increase, driven in part by evolving consumer preferences and a heightened focus on sustainability. In 2024, private equity deal activity in North… more

Agribusiness, Canada, Investment, Private Equity, Sustainability

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New CSA Amendments Regarding Investments in Crypto Assets Come into Force

New amendments and changes to National Instrument 81-102 Investment Funds (NI 81-102) and its Companion Policy 81-102CP took effect on July 16, 2025, regulating public investment funds that invest in crypto assets… more

Canada, Cryptoassets, Digital Assets, Financial Institutions, Investment

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Alberta’s Long-Awaited Electricity Statutes (Modernizing Alberta's Electricity Grid) Amendment Act is Proclaimed

Nearly two years after receiving Royal Assent, the Government of Alberta proclaimed the Electricity Statutes (Modernizing Alberta’s Electricity Grid) Amendment Act (the Act) on March 6, 2024. The Act, formerly Bill 22, received… more

Canada, Electricity, Energy Policy, Energy Sector, Renewable Energy

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Canada's M&A Landscape Q3 2024: Creativity in Canadian Deal Making

The third quarter of 2024 saw big deals, some encouraging trends and lower interest rates in Canada's M&A market. Dealmakers continue to show their creativity to bridge the valuation gap between buyers and sellers. We look at… more

Acquisitions, Canada, Mergers, Representations and Warranties Insurance, Royal Bank of Canada

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Ontario Moves to Fast Track Mining, Expand Discretion Over Tenure

On April 17, 2025, the Ontario government introduced Bill 5, called the Protect Ontario by Unleashing Our Economy Act, 2025 (Bill 5), an extensive legislative proposal aimed at accelerating resource development and reducing… more

Canada, Critical Infrastructure Sectors, Energy Policy, Environmental Policies, Foreign Investment

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Federal Review of Environmental and Regulatory Processes Underway

Proposed Amendments to the Fisheries Act - On February 6, 2018, the Federal Government introduced amendments to the Fisheries Act aimed at enhancing protection to fish and fish habitat. The proposed amendments form part of a… more

Amended Regulation, Canada, Critical Habitat, Environmental Review, Fisheries Act

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B.C. Court of Appeal Decides Strata Corporations Lack Standing to Bring REDMA Claims Against Developers

Whether a strata corporation has the standing to bring representative Real Estate Development Marketing Act, SBC 2004, c 41 (REDMA) claims on behalf of owners has been a long-standing issue in strata property law. The B.C. Court… more

British Columbia Supreme Court, Canada, Commercial Real Estate Market, Housing Developers, Real Estate Companies

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Alberta's Role in the Pathway to Net-Zero

The Energy Disruptors: Unite 2022 (EDU) conference took place in Calgary recently, bringing together trailblazing "disruptors", ranging from industry leaders to institutional investors to award winning journalists and… more

Canada, Carbon Emissions, Climate Action Plan, Climate Change, Energy Policy

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Alberta Permanently Adopts Remote Signing for Wills, Powers of Attorney and Personal Directives

Alberta has updated its legislation regarding testamentary and incapacity planning to allow the remote execution of wills, powers of attorney and personal directives, eliminating previous time restrictions. While initially… more

Canada, E-Signatures, Estate Planning, Healthcare, Legal Technology

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ISS Updates 2025 Proxy Voting Guidelines

Institutional Shareholder Services (ISS) has released updates to its Canadian proxy voting guidelines for the 2025 proxy season. The ISS updates are effective for shareholder meetings occurring on or after February 1, 2025… more

Board of Directors, Canada, Corporate Governance, Disclosure Requirements, Diversity

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Alberta Gains New Tort of Harassment and Limits Defamation By Government Actors—Online and IRL

Court Unveils Four-Part Harassment Lawsuit Test A bold Alberta Court of King's Bench decision, Alberta Health Services v Johnston, 2023 ABKB 209, declined to follow Ontario appellate authority on the issue and established the… more

Canada, Defamation, Digital Communications, Electronic Communications, Harassment

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The PE Briefing: Q2 2025

The clouds of uncertainty that rapidly formed in early 2025 continue to drift over the private equity landscape in Canada and globally. Tariffs and geopolitics are subduing deal making and investment opportunities, particularly… more

Artificial Intelligence, Canada, Clean Energy, Due Diligence, Geopolitical Risks

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Employee Ownership Trusts—Improved Tax Incentives Announced

The Canadian Department of Finance introduced draft legislation in the 2023 Canadian Federal Budget (Budget 2023) to create employee ownership trusts (EOTs) to facilitate the transfer of a business to the employees of the… more

Business Ownership, Business Taxes, Business Transfer Agreements, Canada, Corporate Taxes

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Tax Court of Canada Update

Fast Tracking to Normal - Chief Justice Rossiter and Associate Chief Justice Lamarre of the Tax Court of Canada provided an update on the resumption of operations of the Tax Court to the members of the Canadian Bar… more

Canada, Tax Court

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Legal Precedent on Restrictive Covenants in Employment Agreements—A Case Study

Employee restrictive covenants are often a contentious issue, especially when employees leave to form (or join) competing firms. A recent Alberta Court of King’s Bench decision, People Corporation v Quinn et al. (2024 ABKB… more

Canada, Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing

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Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

This guide highlights the key factors tech startups should consider when choosing where to incorporate in Canada. It takes into account the unique needs of tech startups and the recent efforts by Canadian jurisdictions to update… more

Business Entities, Canada, Corporate Finance, Corporate Governance, Forum Shopping

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The Competition Bureau Weighs in with Final Property Control Guidelines

The Competition Bureau (Bureau) has released its finalized property control guidelines (Guidelines) outlining the Bureau's ongoing approach to enforcing competition property controls under the Competition Act (Act). These… more

Antitrust Provisions, Canada, Commercial Leases, Competition Act, Enforcement

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Alberta Court Skewers Gibberish Legal Arguments

The Courts are taking a bold stand. In a decision that will no doubt have significant ramifications for businesses, governments, and the litigation bar across Canada, Associate Chief Justice Rooke of the Alberta Court of… more

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What’s Hot and What’s Not in Canadian Venture Capital Funding

Key Findings - - U.S. investors show strong and sustained interest - Canadian government-backed funds lead domestic investment - Non-dilutive funding emerges as a dominant force - Majority of investments are in… more

Canada, Investment, Investment Funds, Investors, Life Sciences

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Momentum Shift: Canada’s M&A Landscape in 2025

A variety of factors are expected to significantly increase Canadian M&A activity in 2025. These include the likelihood of a more merger friendly regulatory environment in the United States for cross-border transactions, lower… more

Acquisitions, Artificial Intelligence, Canada, Corporate Counsel, Energy Sector

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Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

This guide highlights the key factors tech startups should consider when choosing where to incorporate in Canada. It takes into account the unique needs of tech startups and the recent efforts by Canadian jurisdictions to update… more

Business Entities, Canada, Corporate Finance, Corporate Governance, Forum Shopping

See all updates »

British Columbia 2025 Budget Infrastructure Developments

On March 4, 2025, British Columbia's Finance Minister, Brenda Bailey, unveiled Budget 2025: Standing Strong for B.C., (the 2025 Budget) outlining the province's fiscal priorities for the coming years.  The 2025 Budget highlights… more

Canada, Colleges, Government Agencies, Healthcare, Hospitals

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Staying the Course: Courts Will Not Hear Stayed Actions

In Ayoungman v Ayoungman, 2017 ABCA 333, the Court of Appeal of Alberta considered a dismissed application of the appellant, who claimed that the chambers judge did not give him a fair chance to argue his position… more

Appeals, Beneficiaries, Canada, Dismissals, Inter Vivos Gifts

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Canada Unveils Sweeping New Russia Sanctions Targeting Trade, Sanctions Evasion and Key Industries

On June 13, 2025, the Government of Canada registered three significant packages of amendments to the Special Economic Measures (Russia) Regulations (the Regulations) under SOR/2025-141, SOR/2025-142 and SOR/2025-143. Officially… more

Canada, Economic Sanctions, Export Controls, Financial Institutions, Imports

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TSX Venture Exchange Updates Escrow Policy for New Listings

The TSX Venture Exchange (TSXV) has announced updates to its policy on escrow and resale restrictions. The immediately effective updates amended and renamed Policy 5.4 – Capital Structure, Escrow and Resale Restrictions (New… more

Canada, Canadian Securities Administration, Capital Markets, Escrow Accounts, Initial Public Offering (IPO)

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Federal Government to Significantly Overhaul the Competition Act

Following several years of lively public discussion, two high-profile consultations and the introduction of several “interim amendments” to the Competition Act in 2022, the federal government has now tabled two new bills (Bill… more

Acquisitions, Antitrust Investigations, Antitrust Litigation, Antitrust Provisions, Canada

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Class Actions: Looking Forward 2025

We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to… more

Antitrust Litigation, Antitrust Violations, Appeals, Canada, Class Action

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The PE Briefing: Q1 2025

Even amid the uncertainty of U.S. tariffs and a trade war, there was some positive PE activity in Canada in the first quarter of 2025. What lies ahead after President Trump announced his sweeping global tariff plans on April… more

Acquisitions, Canada, Infrastructure, International Trade, Investment

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Legal Precedent on Restrictive Covenants in Employment Agreements—A Case Study

Employee restrictive covenants are often a contentious issue, especially when employees leave to form (or join) competing firms. A recent Alberta Court of King’s Bench decision, People Corporation v Quinn et al. (2024 ABKB… more

Canada, Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing

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Stakeholder Consultation on Food Labeling

Health Canada and the Canadian Food Inspection Agency (CFIA) are currently seeking feedback on the development of voluntary guidance for providing information for foods that are sold to consumers through e-commerce. While the… more

Canada, Comment Period, E-Commerce, Food Labeling, Food Manufacturers

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Trends and AI Potential in Proptech

Proptech Collective just released their latest report on key trends that will shape Canada’s proptech ecosystem in 2025. AI is emerging as a transformative force, and the report explores its potential impact across the… more

Artificial Intelligence, Canada, Commercial Real Estate Market, Construction Industry, Construction Project

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Canada's M&A Landscape Q3 2023: Special Edition on Energy

In this special edition of Bennett Jones' quarterly M&A update, we look at deal activity in Canada's energy sector and what the key takeaways from WPC might tell us about what's to come… more

Acquisitions, Canada, Energy Sector, Investment, Investment Adviser

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Large Load Integration on Alberta’s Electricity Grid: The AESO’s Proposed Approach for Data Centre Connections

The growing data centre industry continues to be a focal point of the Alberta Government’s economic diversification strategy. Policy work aimed at attracting data centre investment to the province is ongoing and interest in data… more

Canada, Data Centers, Electricity, Energy Policy, Energy Projects

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Legal Precedent on Restrictive Covenants in Employment Agreements—A Case Study

Employee restrictive covenants are often a contentious issue, especially when employees leave to form (or join) competing firms. A recent Alberta Court of King’s Bench decision, People Corporation v Quinn et al. (2024 ABKB… more

Canada, Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing

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Class Actions: Looking Forward 2024

In our 2024 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead… more

Canada, Class Action, Class Certification, Competition, Competition Act

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What to Expect in Beauty Industry M&A

Deal-makers in Canada remain cautiously optimistic about M&A activity. The beauty industry presents an abundance of prospects for sophisticated Canadian investors and acquirers to pursue quality cross-border and international… more

Acquisitions, Canada, Cosmetics, Cross-Border, Foreign Investment

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Bill 17: Building Even Smarter and Faster Than Before?

On May 12, 2025, the Honourable Rob Flack, Minister of Municipal Affairs and Housing (Minister), introduced Bill 17—the Protect Ontario by Building Faster and Smarter Act, 2025 (Bill 17). On June 5, 2025, Bill 17 received royal… more

Building Codes, Building Permits, Construction Industry, Infrastructure, Municipalities

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Unlocking Green Growth: Further Clean Economy ITC Expansions Announced in Canada's 2024 Fall Economic Statement

The Government of Canada advanced its clean energy agenda in the 2024 Fall Economic Statement (FES 2024) by expanding and providing further guidance on several key clean economy investment tax credits (ITCs) designed to… more

Canada, Clean Energy, Clean Power Plan, Electric Vehicles, Green Infrastructure

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British Columbia 2025 Budget Infrastructure Developments

On March 4, 2025, British Columbia's Finance Minister, Brenda Bailey, unveiled Budget 2025: Standing Strong for B.C., (the 2025 Budget) outlining the province's fiscal priorities for the coming years.  The 2025 Budget highlights… more

Canada, Colleges, Government Agencies, Healthcare, Hospitals

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Major Change in Alberta Occupational Health and Safety Scene Disturbance Law

In a blink-and-you’ll-miss-it moment in April 2025, the Government of Alberta issued a Director Order that significantly altered the legal landscape concerning work site incident scene disturbances. In essence, we have returned… more

Canada, Construction Industry, Employees, Employer Responsibilities, New Regulations

See all updates »

Bill 17: Building Even Smarter and Faster Than Before?

On May 12, 2025, the Honourable Rob Flack, Minister of Municipal Affairs and Housing (Minister), introduced Bill 17—the Protect Ontario by Building Faster and Smarter Act, 2025 (Bill 17). On June 5, 2025, Bill 17 received royal… more

Building Codes, Building Permits, Construction Industry, Infrastructure, Municipalities

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Canada’s Q2 2025 M&A Landscape

The total number of Canadian M&A deals declined in the second quarter of 2025 as tariff disruption and uncertainty hampered dealmaking activity. However, the overall value of announced Canadian deals was up considerably in the… more

Acquisitions, Canada, Capital Markets, Foreign Investment, International Trade

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Canada’s Q2 2025 M&A Landscape

The total number of Canadian M&A deals declined in the second quarter of 2025 as tariff disruption and uncertainty hampered dealmaking activity. However, the overall value of announced Canadian deals was up considerably in the… more

Acquisitions, Canada, Capital Markets, Foreign Investment, International Trade

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Age 65 Cut-Off for Long-Term Disability Benefits Coverage Not a Charter Violation

In Rayonier v Unifor, Locals 256 and 89 arbitrator Paula Knopf dismissed a union policy grievance which alleged that an age 65 cut-off for long-term disability (LTD) benefits coverage under the parties' collective bargaining… more

Canada, Employee Benefits, Employer Liability Issues, Human Resources Professionals, Long Term Disability Insurance

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From Barriers to Bridges: Navigating the Unique Landscape of Indigenous Enterprise Financing

In recent years, growing attention and effort has been placed on studying Indigenous economies in Canada with the aim of closing gaps in business, project, community and housing financing, ultimately closing the infrastructure… more

Aboriginal Issues, Canada, Capital Markets, Federal Funding, Financial Institutions

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Federal Court of Appeal Dismisses Class Action Certification Due To Unavoidable Individualized Inquiries

In Voltage Pictures v Robert Salna, 2025 FCA 131, the Federal Court of Appeal addressed the preferable procedure criterion in the context of a defendants’ class proceeding. The plaintiffs sought to certify an action against a… more

Appeals, Appellate Courts, Class Action, Copyright Infringement, Copyright Litigation

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Economic Outlook: Building Resilience and Capacity in a Disrupted World - 2025 Mid-Year

There is much happening in North America and internationally that is disrupting the traditional patterns of trade and investment. Yet, conversations around the world and in Canada remind us of some basic truths. There is… more

Canada, Capital Markets, Foreign Investment, Investment, Private Equity

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BC Hydro 2025 Call for Power: Overview of Request for Proposal Documents

Further to its April announcement, BC Hydro is moving forward with its 2025 Call for Power (2025 Call). As part of the 2025 Call, BC Hydro issued a request for proposals (RFP) on July 28, 2025. The RFP aims to acquire up to… more

Canada, Clean Energy, Energy Projects, Energy Sector, First Nations

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Quebec’s Evolving M&A Market: The Rise of Private Equity and Domestic Buyers

Quebec’s mid-market M&A landscape has undergone a seismic shift in recent years, with local buyers increasingly outbidding international investors for highly sought-after assets. This trend is fueled by a combination of targeted… more

Acquisitions, Canada, Competition, Foreign Investment, Government Agencies

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Economic Outlook: Building Resilience and Capacity in a Disrupted World - 2025 Mid-Year

There is much happening in North America and internationally that is disrupting the traditional patterns of trade and investment. Yet, conversations around the world and in Canada remind us of some basic truths. There is… more

Canada, Capital Markets, Foreign Investment, Investment, Private Equity

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Ontario Tribunal Refines Public Interest Test in Cease Trade Decision on Shareholder Rights Plans

On November 19, 2024, the Ontario Capital Markets Tribunal (Tribunal) released its reasons for its July 2024 decision granting an application by Riot Platforms, Inc. (Riot) to cease trade a shareholder rights plan (Plan) adopted… more

Canada, Canadian Securities Administration, Capital Markets, Financial Services Industry, Investment Funds

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Competition Tribunal Issues First-of-Its-Kind Decision in Private Abuse of Dominance Case Against Major Pharma Manufacturer

On December 17, 2024, the Competition Tribunal (the Tribunal) issued reasons for its decision to dismiss an application for leave to bring a private abuse of dominance action against a major pharmaceutical manufacturer. JAMP had… more

Antitrust Provisions, Canada, Competition, Enforcement Actions, Evidence

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The SCC Clarifies the Corporate Attribution Doctrine and Creditor Protection Tools in Insolvency Law

In the unrelated companion cases of Aquino v Bondfield Construction Co, 2024 SCC 31 (Aquino) and Scott v Golden Oaks Enterprises Inc, 2024 SCC 32 (Golden Oaks), the Supreme Court of Canada (the SCC or the Court) applied the… more

Bankruptcy and Insolvency Act (BIA), Bankruptcy Court, Canada, Commercial Bankruptcy, Corporate Restructuring

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Considering Australian Securities Law When Drafting Arrangement Agreements to Acquire Australia-Based Companies

As a recent decision by the Australian Takeovers Panel (Panel) has confirmed, Canadian issuers looking to complete a merger or strategic transaction with an Australian counterparty in a Canadian plan of arrangement, subject to… more

Acquisitions, Australia, Canada, Canadian Securities Administration, Contract Terms

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Alberta Permanently Adopts Remote Signing for Wills, Powers of Attorney and Personal Directives

Alberta has updated its legislation regarding testamentary and incapacity planning to allow the remote execution of wills, powers of attorney and personal directives, eliminating previous time restrictions. While initially… more

Canada, E-Signatures, Estate Planning, Healthcare, Legal Technology

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When a Gift is not a Gift—Resulting Trusts in Real Estate

When it comes to estate planning, joint tenancy is often seen as a simple way to transfer property after death while bypassing probate fees. But as the case of Jackson v Rosenberg shows, what may seem like a straightforward… more

Beneficiaries, Canada, Estate Claims, Estate Planning, Real Estate Transfers

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Alberta Permanently Adopts Remote Signing for Wills, Powers of Attorney and Personal Directives

Alberta has updated its legislation regarding testamentary and incapacity planning to allow the remote execution of wills, powers of attorney and personal directives, eliminating previous time restrictions. While initially… more

Canada, E-Signatures, Estate Planning, Healthcare, Legal Technology

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Soft Opening of Pay Transparency in British Columbia

In the same year that Claudia Goldin's research on women's progress in the workforce earned a Nobel Prize, British Columbia introduces pay transparency legislation… more

Canada, Equal Pay, Gender Equity, Gender-Based Pay Discrimination, Human Resources Professionals

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A New Chapter in Canada Ukraine Free Trade Opens with Modernized CUFTA

On March 19, 2024, Bill C-57, An Act to implement the 2023 Free Trade Agreement between Canada and Ukraine (the New CUFTA) received royal assent, introducing a modernized version of the Canada-Ukraine Free Trade Agreement… more

Canada, Economic Sanctions, Export Controls, Financial Transactions, Foreign Policy

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2025 Canadian Infrastructure Trends

The Canadian infrastructure space saw significant volumes of projects announced and transacted in 2024, primarily driven by government incentivizes and the development of eligible projects through the investment tax credit (ITC)… more

Artificial Intelligence, Canada, Clean Energy, Data Centers, Energy Projects

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Alberta Court Confirms Exclusive Jurisdiction of Labour Arbitrator Over Mandatory Vaccination Policy

The Court of King's Bench of Alberta recently applied the long-standing principle that labour arbitrators have exclusive jurisdiction to adjudicate disputes arising under a collective agreement, even in the context of an… more

Arbitration, Arbitration Awards, Canada, Coronavirus/COVID-19, Employer Liability Issues

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CSA Invites Comments on Process Refinements and an Oversight Model for a Proposed Dispute Resolution

The Canadian Securities Administrators (CSA) are asking for comments on a proposed framework to oversee an independent dispute resolution service with binding authority for resolving investor complaints. The authority is… more

Binding Arbitration, British Columbia Securities Commission (BCSC), Canada, Comment Period, Dispute Resolution

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Canada’s Q2 2025 M&A Landscape

The total number of Canadian M&A deals declined in the second quarter of 2025 as tariff disruption and uncertainty hampered dealmaking activity. However, the overall value of announced Canadian deals was up considerably in the… more

Acquisitions, Canada, Capital Markets, Foreign Investment, International Trade

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Income Tax Update from the Supreme Court of Canada: The GAAR Does Not Apply to Treaty Shopping

The Duke of Westminster Principle Still Lives On for Tax Planning - On November 26, 2021, the Supreme Court of Canada released its decision and reasons in Her Majesty the Queen and Alta Energy Luxembourg S.A.R.L., 2021 SCC… more

Anti-Avoidance, Canada, Income Taxes, Supreme Court of Canada, Tax Avoidance

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Separate Corporate Personality Remains Alive and Well in Alberta

Separate corporate personality is not a loophole or technicality, but is an essential principle of corporate law, the Alberta Court of Appeal recently reiterated in Condominium Corporation No. 0828219 v Carrington Holdings Ltd.,… more

Board of Directors, Canada, Construction Project, Corporate Governance, Parent Corporation

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Incentivizing Employees: Avoiding a Salary Deferral Arrangement

Incentivizing employees is a critical component of most business strategies. Employers may implement arrangements for deferred cash bonuses, often subject to the satisfaction of certain criteria. From a tax perspective, the… more

Canada, Compensation, Compensation & Benefits, Deferred Compensation, Human Resources Professionals

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The Supreme Court of Canada Renders its Decision in Abrametz

Key Highlights - - The SCC has concluded that, unlike in criminal proceedings, delay alone will not constitute an abuse of process warranting a stay in administrative proceedings. - Short of a stay of proceedings, the SCC… more

Abuse of Process, Administrative Proceedings, Canada, Delays, Supreme Court of Canada

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Proposed Sweeping Changes to Alberta's Occupational Health and Safety Act

Bill 47: Ensuring Safety and Cutting Red Tape Act, 2020 was introduced in the Alberta Legislature on November 5, 2020, and, if passed, will come into force on September 1, 2021. Among other things, Bill 47 comprehensively… more

Canada, Employee Definition, Employees, Employer Liability Issues, Employment Litigation

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A New Test for Injunctions Against Defamation in British Columbia

Yu v 16 Pet Food & Supplies Inc., 2023 BCCA 397 (16 Pet Food), establishes a new test for pre-trial injunctions against defamatory speech in British Columbia… more

Canada, Cease and Desist, Defamation, Former Employee, Free Speech

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'Tis the Reason: ABCA Considers Expanding Gatekeeping Role of Courts in Certification of Workplace Class

Workplace class proceedings are on the rise in Canada. Recent class actions have involved employee claims for overtime, vacation time, damages for COVID-19 pandemic terminations, extended healthcare benefits, misclassification… more

Canada, Compensation, Compensation & Benefits, Corporate Counsel, Deferred Compensation

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Can Business Conducted at Invalid Corporate Meetings Still be Valid and Effective? The BC Court of Appeal Says "Yes"

In Yinghe Investment (Canada) Ltd. v CCM Investment Group Ltd., 2024 BCCA 285 (CCM Investment), the BC Court of Appeal upheld the chambers judge’s decision, ruling that: (1) an annual general meeting (AGM) and subsequent… more

Appeals, Board of Directors, Business Litigation, Canada, Corporate Entities

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Revamped Competition Act Radically Alters Canadian Competition Law

In our previous Bennett Jones insight, we described several upcoming (and far-reaching) amendments to the Competition Act (the Act) introduced by the Government of Canada in 2023. The most recent set of amendments came into… more

Antitrust Investigations, Antitrust Litigation, Antitrust Provisions, Canada, Competition

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Ontario Securities Commission Reverts to Pre-Covid Shorter Prospectus Review Periods

The Ontario Securities Commission (OSC) has announced that it will return to its pre-December 7, 2021, service standard timelines and commitments for prospectus reviews effective January 9, 2023, given market changes and ahead… more

Accredited Investors, Canada, Canadian Securities Administration, Financial Adviser, Investors

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ISS Updates 2025 Proxy Voting Guidelines

Institutional Shareholder Services (ISS) has released updates to its Canadian proxy voting guidelines for the 2025 proxy season. The ISS updates are effective for shareholder meetings occurring on or after February 1, 2025… more

Board of Directors, Canada, Corporate Governance, Disclosure Requirements, Diversity

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BBHIC 2025: Key Insights From Canada’s Leading Healthcare Investment Conference

The Bloom Burton & Co. Healthcare Investor Conference (BBHIC), held in Toronto this week, drew over 1,500 global participants to one of Canada's leading events for healthcare investment and innovation. The conference brought… more

Biotechnology, Canada, Health Technology, Healthcare, Investment

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Large Load Integration on Alberta’s Electricity Grid: The AESO’s Proposed Approach for Data Centre Connections

The growing data centre industry continues to be a focal point of the Alberta Government’s economic diversification strategy. Policy work aimed at attracting data centre investment to the province is ongoing and interest in data… more

Canada, Data Centers, Electricity, Energy Policy, Energy Projects

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The Competition Bureau Weighs in with Final Property Control Guidelines

The Competition Bureau (Bureau) has released its finalized property control guidelines (Guidelines) outlining the Bureau's ongoing approach to enforcing competition property controls under the Competition Act (Act). These… more

Antitrust Provisions, Canada, Commercial Leases, Competition Act, Enforcement

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CSA Significantly Increases the Capital-Raising Limit Under the Listed Issuer Financing Exemption

On May 14, 2025, the Canadian Securities Administrators (CSA) announced Coordinated Blanket Order 45-935 Exemptions from Certain Conditions of the Listed Issuer Financing Exemption, a change that will significantly increase the… more

Canada, Canadian Securities Administration, Capital Markets, Capital Raising, Exemptions

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In Case You Missed It… The Comment Period on The Federal Government Consultation on Plastic Waste and Pollution from Textile and Apparel Sector Closes September 1

Environment and Climate Change Canada (ECCC) published a consultation document on July 4, 2024, seeking input from stakeholders on a proposed roadmap for addressing plastic waste and pollution from the textile and apparel… more

Canada, Climate Change, Comment Period, Discharge of Pollutants, Environmental Policies

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British Columbia 2025 Budget Infrastructure Developments

On March 4, 2025, British Columbia's Finance Minister, Brenda Bailey, unveiled Budget 2025: Standing Strong for B.C., (the 2025 Budget) outlining the province's fiscal priorities for the coming years.  The 2025 Budget highlights… more

Canada, Colleges, Government Agencies, Healthcare, Hospitals

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The Competition Bureau Weighs in with Final Property Control Guidelines

The Competition Bureau (Bureau) has released its finalized property control guidelines (Guidelines) outlining the Bureau's ongoing approach to enforcing competition property controls under the Competition Act (Act). These… more

Antitrust Provisions, Canada, Commercial Leases, Competition Act, Enforcement

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TSX Proposes Amendments to Listing Requirements

The Toronto Stock Exchange (TSX) has published for comment proposed amendments to the TSX Company Manual (the Manual). The amendments are intended to support capital markets by… more

Canada, Capital Markets, Initial Public Offering (IPO), Listing Rules, Mining

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CFA Institute Publishes First Global ESG Disclosure Standards

The CFA Institute has published the first Global ESG Disclosure Standards for Investment Products (the Standards) in relation to environmental, social and governance (ESG) issues in investment products, to allow stakeholders to… more

Canada, Environmental Social & Governance (ESG), Green Finance, Investment, Investors

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Land Leases for Renewable Energy Projects in Alberta - Update, November 2023

In 2016, the Province of Alberta passed the Renewable Electricity Act, cementing its commitment to increasing the amount of green energy produced in Alberta, with a goal of 30 percent of Alberta's electricity coming from… more

Canada, Clean Energy, Energy Projects, Energy Sector, Government Land

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BC Hydro 2025 Call for Power: Overview of Request for Proposal Documents

Further to its April announcement, BC Hydro is moving forward with its 2025 Call for Power (2025 Call). As part of the 2025 Call, BC Hydro issued a request for proposals (RFP) on July 28, 2025. The RFP aims to acquire up to… more

Canada, Clean Energy, Energy Projects, Energy Sector, First Nations

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AER Denies Developer's Request to Share Pipeline Crossing Costs

In a recent decision made pursuant to section 33 of the Pipeline Act, the Alberta Energy Regulator (AER) rejected an application filed by Qualico Developments West Ltd. (Qualico) seeking orders requiring Pembina Pipeline… more

Canada, Energy Projects, Energy Sector, Land Developers, Oil & Gas

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Bennett Jones Acts for CPKC in Setting Aside "Extraordinary" C$228 Million Award on Commercial Land Deal

On July 2, 2025, the Court of Appeal of Alberta set aside a C$228 million judgment against Canadian Pacific Kansas City Limited (CPKC) and the Province of Alberta (the Province), arising from a failed real estate transaction… more

Appeals, Breach of Contract, Business Litigation, Canada, Commercial Litigation

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CRA Relief and Proposed Amendments Mitigate Bare Trust Reporting Burden on Energy Companies

On October 29, 2024, the Canada Revenue Agency (CRA) issued a release stating that it will not require bare trusts to file trust returns for the 2024 tax year, continuing the administrative exemption that was granted for the… more

Canada, Energy Sector, Income Taxes, Oil & Gas, Tax Credits

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What Will the U.S. Election Mean for Canada?

In this recording from a web event following the U.S. election, Hugh MacKinnon (Chairman and CEO of Bennett Jones) moderates a panel of four of Canada's most insightful and respected leaders, and members of the firm's… more

Economic Development, Election Results, Energy Sector, Foreign Policy, Joe Biden

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What's Next For Agribusiness in Alberta

The Bennett Jones Agribusiness group attended the Calgary Chamber Alberta Next Series on Agribusiness, eager to hear from industry leaders and policy makers on the latest trends in Alberta’s constantly evolving agriculture and… more

Agribusiness, Agricultural Sector, Canada, Environmental Social & Governance (ESG), Farms

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WPC 2023 Day One: Canada as a Global Energy Supplier

Day One of the 24th World Petroleum Congress kicked off in Calgary today as 5,000 delegates from more than 100 countries have come together to help define realistic, workable paths to a net zero future… more

Canada, Energy Exploration, Energy Projects, Energy Sector, Natural Gas

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Alberta Next—What's next for Energy and Environment in Alberta

Members of the Bennett Jones' Energy and Energy Regulatory groups attended the Calgary Chamber of Commerce’s recent “Alberta Next Series on Energy and the Environment” event, eager to hear from industry leaders and policy makers… more

Canada, Climate Change, Energy Market, Energy Policy, Energy Projects

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ONSC Denies Claim for Acceleration of Earn-Out Payment

The Ontario Superior Court of Justice recently released its decision in Project Freeway Inc. v ABC Technologies Inc. (2025 ONSC 1048), addressing whether certain post-closing transactions triggered the acceleration of an… more

Acquisitions, Business Litigation, Canada, Contract Disputes, Contract Interpretation

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Economic Outlook: Building Resilience and Capacity in a Disrupted World - 2025 Mid-Year

There is much happening in North America and internationally that is disrupting the traditional patterns of trade and investment. Yet, conversations around the world and in Canada remind us of some basic truths. There is… more

Canada, Capital Markets, Foreign Investment, Investment, Private Equity

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Ontario's iGaming Market Nears Launch: Update for Prospective Operators and Suppliers

The scheduled launch of Ontario's competitive internet gaming market is fast approaching. Though originally targeted for December 2021, it is now expected that the launch is more likely to occur in Q1 2022, assuming that the… more

Canada, Gambling, Online Gaming, Online Platforms, Regulatory Standards

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Federal Government Proposes Changes to 30 Percent Rule to Spur Pension Investment Within Canada

Canada’s federal government announced it intends to remove the “30 percent rule” for investments by domestic pension funds in Canadian entities. The change is part of the Fall Economic Statement that was released on December 16,… more

Canada, Compensation & Benefits, Employee Benefits, Employee Contributions, Employer Contributions

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Annulment Clauses and Good Faith

The Ontario Superior Court of Justice has recently reaffirmed the importance of good faith—or the lack thereof—and reasonableness in real estate transactions, particularly when disputes arise over title defects, third-party… more

Annulment, Breach of Contract, Canada, Contract Disputes, Damages

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ESG and Institutional Investors: Part Two

Bennett Jones recently hosted a two-part webinar series on ESG and institutional investors. The first session looked at their role in ESG, private markets and investment, how risks and opportunities are being assessed in the… more

Business Strategies, Climate Change, Corporate Social Responsibility, Environmental Social & Governance (ESG), Investment

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Ontario’s Largest Energy Procurement Announcement

Ontario recently announced the largest competitive energy procurement in its history. This follows on the heels of its recently completed procurement process that secured nearly 3,000 megawatts (MW) of capacity in the province… more

Canada, Critical Infrastructure Sectors, Energy Projects, Energy Sector, Infrastructure

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Alberta and Saskatchewan's New Self-Certified Investor Prospectus Exemption

On March 31, 2021, securities regulators in Alberta and Saskatchewan adopted a new self-certified investor prospectus exemption, in effect for the next three years (expiring April 1, 2024), to increase capital access and… more

Accredited Investors, Canada, Canadian Securities Administration, Funding, Investors

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U.S. Private Fund Adviser Rules Struck Down

After much anticipation from the private funds market, earlier this week on June 5, 2024, the U.S. Court of Appeals for the Fifth Circuit (the Court) reached a decision in respect of the litigation challenging the Private Fund… more

Canada, Dodd-Frank, Financial Institutions, Financial Services Industry, Investment Adviser

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Mandatory Litigation Plans in Alberta: Court of King's Bench Tightens Civil Trial Timelines

The Alberta Court of King's Bench has taken another step towards addressing ongoing delays in civil litigation in the Province. In a July 10, 2025, Notice to the Profession, the Court has announced that litigation plans will… more

Canada, Commercial Litigation, Filing Deadlines, Litigation Strategies, Rules of Civil Procedure

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Additional Canada Business Corporation Act Regulations to Come Into Force August 31, 2022

In 2021, the Government of Canada proposed regulations that would change the director election process for certain corporations established under the Canada Business Corporations Act (CBCA). For more information with respect to… more

Board Members, Board of Directors, Business Corporation Act, Canada, Corporate Counsel

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A Little Less Murky: The Court of Appeal Clarifies the Line Between Oppression and Derivative Actions

On May 26, 2015, the Court of Appeal for Ontario released its decision in Rea et al v Wildeboer, clarifying the distinct role of derivative actions under the Ontario Business Corporations Act. The role is so distinct that the… more

Appeals, Business Corporation Act, Canada, Derivative Suit, Oppression Remedy

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Lease Termination Clauses: Know the Target Before Pulling the Trigger

In the glow of negotiating a commercial lease, no landlord or tenant wants to think about how it might end early. But recent developments again remind us that a nuanced termination clause will significantly affect if, when and… more

Business Litigation, Canada, Commercial Leases, Commercial Real Estate Market, Contract Disputes

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Short-Selling Structure not Abusive—Ontario Capital Markets Tribunal Dismisses OSC Allegations in High-Profile Enforcement Proceeding

In recent years, the OSC and other regulatory bodies began signaling to public markets that regulators intended to crack down on what they termed abusive short-sellers. Against this backdrop, the OSC brought enforcement… more

Canada, Canadian Securities Administration, Ontario Securities Act, Ontario Securities Commission (OSC), Securities

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Bennett Jones Fall 2022 Economic Outlook: Managing Risks and Taking Action

Renowned U.S. economist Larry Summers said last October that “we’ve got the most complex, disparate, and cross-cutting set of challenges that I think I can remember in the 40 years I’ve been following this stuff.” This will… more

Canada, Economic Development, Economic Downturn, Economic Growth, Global Economy

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Government of Canada Doubles Funding for Federal Indigenous Loan Guarantee Program

On March 21, 2025, Prime Minister Carney announced important changes to the federal Indigenous Loan Guarantee Program (Program). The Government of Canada doubled funding for the Program from C$5billion to C$10 billion and opened… more

Canada, Energy Sector, Federal Funding, Financial Services Industry, Government Agencies

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More Provinces Crowd into Crowdfunding, but Not Yet Ontario or Alberta

On May 14, 2015, the securities regulators of British Columbia, Saskatchewan, Manitoba, Québec, New Brunswick and Nova Scotia (the Crowdfunding Jurisdictions) announced that they have implemented, or expect to implement,… more

Canada, Crowdfunding, Entrepreneurs, Ontario Securities Commission (OSC), Popular

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Supreme Court of Canada Rules Impact Assessment Act Unconstitutional

The Supreme Court of Canada (SCC) has issued an opinion that the Impact Assessment Act (IAA) and its Physical Activities Regulations are largely unconstitutional… more

Canada, Federal Jurisdiction, Federal Land, Public Improvement Projects, Public Projects

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Economic Outlook: Building Resilience and Capacity in a Disrupted World - 2025 Mid-Year

There is much happening in North America and internationally that is disrupting the traditional patterns of trade and investment. Yet, conversations around the world and in Canada remind us of some basic truths. There is… more

Canada, Capital Markets, Foreign Investment, Investment, Private Equity

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Economic Outlook: Saving, Investment and Productivity Growth - 2024 Mid-Year

Discussions with investors in Asia, Europe and the United States provide valuable insight into the state of Canada’s economy. Views reflect reality and perception. Both matter. Investors universally envy our potential, our… more

Canada, Economic Development, Economic Growth, Free Trade Agreements, GDP

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Canada Imposes 25% Retaliatory Surtax on Certain US Goods

On February 1, 2025, US President Donald Trump issued an Executive Order announcing a 25% tariff on imports of most Canadian goods and a 10% tariff on Canadian energy products in addition to any tariffs currently in place. The… more

Canada, Executive Orders, Exports, Imports, International Trade

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Quebec Budget 2025-26: Important Changes to Quebec Flow-Through Share Regime and Refundable Tax Credit Regime for Mining and Other Resources

The 2025-26 Quebec budget, released on March 25, 2025, includes important (and adverse) changes to the deductions and exemptions available under the Quebec flow-through share regime, removing many of the additional provincial… more

Canada, Capital Gains, Investment, Mining, New Legislation

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The SCC Clarifies the Corporate Attribution Doctrine and Creditor Protection Tools in Insolvency Law

In the unrelated companion cases of Aquino v Bondfield Construction Co, 2024 SCC 31 (Aquino) and Scott v Golden Oaks Enterprises Inc, 2024 SCC 32 (Golden Oaks), the Supreme Court of Canada (the SCC or the Court) applied the… more

Bankruptcy and Insolvency Act (BIA), Bankruptcy Court, Canada, Commercial Bankruptcy, Corporate Restructuring

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A Roadmap to Building a SAF Supply Chain in Canada

The Canadian Council for Sustainable Aviation Fuels (C-SAF) recently launched a Roadmap for the country's aviation sector to remain competitive as it transitions to a net-zero future by 2050. C-SAF also published yesterday an… more

Aircraft, Aviation Industry, Canada, Climate Change, Fuel Supply

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Trend Watch: Third Party Releases in US Chapter 15 Proceedings

On March 11, 2025, the US Bankruptcy Court for the District of Delaware issued an order under Chapter 15 of the US Bankruptcy Code recognizing and enforcing a restructuring plan under Mexican law that included nonconsensual… more

Bankruptcy Code, Canada, Chapter 15, Corporate Restructuring, Creditors

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Key Takeaways from the 2023 Canadian Hydrogen Convention: Part 1

The 2023 Canadian Hydrogen Convention (CHC) recently took place in Edmonton, Alberta, bringing together over 8,000 industry leaders, stakeholders and government officials from across Canada and around the world. CHC 2023 sent a… more

Canada, Climate Change, Energy Sector, Environmental Policies, Hydrogen Power

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Major Change in Alberta Occupational Health and Safety Scene Disturbance Law

In a blink-and-you’ll-miss-it moment in April 2025, the Government of Alberta issued a Director Order that significantly altered the legal landscape concerning work site incident scene disturbances. In essence, we have returned… more

Canada, Construction Industry, Employees, Employer Responsibilities, New Regulations

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The PE Briefing: Q2 2025

The clouds of uncertainty that rapidly formed in early 2025 continue to drift over the private equity landscape in Canada and globally. Tariffs and geopolitics are subduing deal making and investment opportunities, particularly… more

Artificial Intelligence, Canada, Clean Energy, Due Diligence, Geopolitical Risks

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Supreme Court of Canada Upholds Treaty-Based Canadian Holding Structure

On November 26, 2021, the Supreme Court of Canada (the SCC) released its highly anticipated decision in Canada v Alta Energy Luxembourg SARL, 2021 SCC 49 [Alta Energy Lux], that addressed treaty-based holding structures and the… more

Business Property, Canada, Capital Gains, Exemptions, GAAR

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Bennett Jones Acts for CPKC in Setting Aside "Extraordinary" C$228 Million Award on Commercial Land Deal

On July 2, 2025, the Court of Appeal of Alberta set aside a C$228 million judgment against Canadian Pacific Kansas City Limited (CPKC) and the Province of Alberta (the Province), arising from a failed real estate transaction… more

Appeals, Breach of Contract, Business Litigation, Canada, Commercial Litigation

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FCA Confirms that an Inducement is Taxable as a Restrictive Covenant Payment

Pangaea One Acquisition Holdings XII S.À.R.L. v. The Queen, 2020 FCA 21 - The Federal Court of Appeal has upheld the decision of the Tax Court of Canada (2018 TCC 158, Smith J.), confirming that a payment made to induce a… more

Canada, Non-Compete Agreements, Restrictive Covenants, Share Purchase Agreements, Shareholders' Agreements

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Spartan Delta Appeal Raises Uncertainty for Co-Lessees After Insolvency

Years after an insolvency proceeding is closed, can a solvent co-lessee/working interest participant (WIP) still be on the hook for their former partner’s share of unpaid Crown royalties? A recent Alberta Court of Appeal… more

Appeals, Asset Purchase Agreements, Bankruptcy Court, Buyers, Canada

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Did you plead that? On a Bifurcation Motion, Federal Court in Amazon.com Clarifies that Alleged Complexity

In intellectual property cases, parties often agree to split their proceeding between liability and subsequent quantification phases if they believe that a "bifurcation" would simplify the litigation. Bifurcation is justified… more

Amazon, Bifurcation, Canada, Canadian Intellectual Property Office (CIPO), Intellectual Property Litigation

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Court of Appeal Endorses Draconian Deterrent to Insurance Fraud

In Abbas v Esurance Insurance Company of Canada, 2023 ABCA 36 [Abbas], the Alberta Court of Appeal endorsed what it described as draconian consequences for insurance fraud as consistent with the Insurance Act, RSA 2000 c I-3 and… more

Canada, Fraud, Insurance Claims, Insurance Industry, Insurance Litigation

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Large Load Integration on Alberta’s Electricity Grid: The AESO’s Proposed Approach for Data Centre Connections

The growing data centre industry continues to be a focal point of the Alberta Government’s economic diversification strategy. Policy work aimed at attracting data centre investment to the province is ongoing and interest in data… more

Canada, Data Centers, Electricity, Energy Policy, Energy Projects

See all updates »

AER Denies Developer's Request to Share Pipeline Crossing Costs

In a recent decision made pursuant to section 33 of the Pipeline Act, the Alberta Energy Regulator (AER) rejected an application filed by Qualico Developments West Ltd. (Qualico) seeking orders requiring Pembina Pipeline… more

Canada, Energy Projects, Energy Sector, Land Developers, Oil & Gas

See all updates »

Lease Termination Clauses: Know the Target Before Pulling the Trigger

In the glow of negotiating a commercial lease, no landlord or tenant wants to think about how it might end early. But recent developments again remind us that a nuanced termination clause will significantly affect if, when and… more

Business Litigation, Canada, Commercial Leases, Commercial Real Estate Market, Contract Disputes

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Canada's M&A Landscape Q3 2024: Creativity in Canadian Deal Making

The third quarter of 2024 saw big deals, some encouraging trends and lower interest rates in Canada's M&A market. Dealmakers continue to show their creativity to bridge the valuation gap between buyers and sellers. We look at… more

Acquisitions, Canada, Mergers, Representations and Warranties Insurance, Royal Bank of Canada

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AER Denies Developer's Request to Share Pipeline Crossing Costs

In a recent decision made pursuant to section 33 of the Pipeline Act, the Alberta Energy Regulator (AER) rejected an application filed by Qualico Developments West Ltd. (Qualico) seeking orders requiring Pembina Pipeline… more

Canada, Energy Projects, Energy Sector, Land Developers, Oil & Gas

See all updates »

CSA Invites Comments on Process Refinements and an Oversight Model for a Proposed Dispute Resolution

The Canadian Securities Administrators (CSA) are asking for comments on a proposed framework to oversee an independent dispute resolution service with binding authority for resolving investor complaints. The authority is… more

Binding Arbitration, British Columbia Securities Commission (BCSC), Canada, Comment Period, Dispute Resolution

See all updates »

Incentivizing Employees: Avoiding a Salary Deferral Arrangement

Incentivizing employees is a critical component of most business strategies. Employers may implement arrangements for deferred cash bonuses, often subject to the satisfaction of certain criteria. From a tax perspective, the… more

Canada, Compensation, Compensation & Benefits, Deferred Compensation, Human Resources Professionals

See all updates »

Class Actions: Looking Forward 2025

We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to… more

Antitrust Litigation, Antitrust Violations, Appeals, Canada, Class Action

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Bennett Jones Leading the Way in Employee Ownership Trusts

Effective January 1, 2024, Canada introduced detailed rules into the Income Tax Act (Canada) to facilitate and encourage employee ownership of small and medium sized Canadian businesses through the creation of employee ownership… more

Business Ownership, Canada, Capital Gains, Employee-Ownership, Estate Planning

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Extending Discretion: Balancing the Limitations Act and Environmental Remediation Claims

The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024 ABCA… more

Canada, Claims Limitations Period, Environmental Policies, Oil & Gas, Oil Spills

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COP27 Hydrogen Wrap-Up: A Focus on Africa and Europe

​​​​​​​Momentum in the global hydrogen market continued to pick up at the recently completed COP27 climate summit in Egypt. Deals and partnerships were announced throughout the conference by governments and private… more

Africa, Canada, Energy Projects, Energy Sector, Environmental Summit

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Alberta's Role in the Pathway to Net-Zero

The Energy Disruptors: Unite 2022 (EDU) conference took place in Calgary recently, bringing together trailblazing "disruptors", ranging from industry leaders to institutional investors to award winning journalists and… more

Canada, Carbon Emissions, Climate Action Plan, Climate Change, Energy Policy

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Clean Tech ITC Decoded: Benefits and Strategies for Canadian Businesses

In the inaugural episode of Clean Incentives, hosts Brendan Sigalet and Derrick Osborne, alongside special guests Ashley White and Jason Roth, delve into the myriad of tax incentives available for businesses in Canada, with a… more

Canada, Energy Projects, Energy Sector, Green Energy, Hydrogen Power

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CSA Invites Comments on Process Refinements and an Oversight Model for a Proposed Dispute Resolution

The Canadian Securities Administrators (CSA) are asking for comments on a proposed framework to oversee an independent dispute resolution service with binding authority for resolving investor complaints. The authority is… more

Binding Arbitration, British Columbia Securities Commission (BCSC), Canada, Comment Period, Dispute Resolution

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About Hydro-Québec’s Announces Call for Tenders for 300 MW Acquisition

On May 6, 2025, Hydro-Québec launched a call for tenders (A/O 2025-01) for the acquisition of a 300-megawatt (MW) block of electricity generated from photovoltaic solar energy. This is the first commercial call for tenders… more

Canada, Clean Energy, Electricity, Energy Policy, Energy Projects

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Clear and Explicit Contractual Language Required to Impose Arbitration on Third-Party Beneficiaries

The Alberta Court of Appeal in Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc, 2024 ABCA 369 recently held that parties attempting to impose an arbitration requirement on third-party beneficiaries… more

Arbitration, Arbitration Agreements, Arbitrators, Canada, Contract Terms

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Ontario Bill 27: Working for Workers Act, 2021 is Now the Law

As you may have heard or read in our earlier blog, Ontario Introduces Employee-Friendly Legislation Which Includes Prohibition on Non-Competes, the government introduced Bill 27: Working for Workers Act, 2021 in late October… more

Canada, Employer Liability Issues, Employment Policies, Employment Standards Act, Human Resources Professionals

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The AER's Holistic Approach to Liability Management

Recent information provided by the Alberta Energy Regulator (AER) in its Licensee Capability Assessment: What We Heard document and draft Licensee Life-Cycle Management Directive (Draft LLCM Directive) provides guidance for… more

Canada, Energy Projects, Energy Sector, Oil & Gas, Pipelines

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Class Actions: Looking Forward 2025

We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to… more

Antitrust Litigation, Antitrust Violations, Appeals, Canada, Class Action

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Ontario Court of Appeal Strikes Important Balance in Applying Exceptions to the Kompetenz-Kompetenz Principle

Last week, the Ontario Court of Appeal released its decision Lochan v Binance Holdings Limited, 2024 ONCA 784 [Binance], in which it refused to stay a class action proceeding in favour of arbitration. In doing so, the Court… more

Arbitration, Arbitration Agreements, Arbitration Awards, Canada, Commercial Arbitration

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Ontario Court of Appeal Considers Interpretation of “Creditors or Others” Under the Fraudulent Conveyances

The Ontario Fraudulent Conveyances Act (the FCA), a concise statute of long-standing that traces its history to an English statute of 1571, is intended to prevent conveyances of property made with the intent to defeat, hinder,… more

Bankruptcy Code, Bankruptcy Court, Canada, Commercial Bankruptcy, Consumer Bankruptcy

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Alternative Financing for Oil and Gas Producers: The Securitization of Oil and Gas Assets

Oil and gas producers in Canada have historically relied predominately on reserve based lending arrangements from institutional credit providers for production and operating liquidity. Prolonged economic uncertainty, commodity… more

Asset-Backed Securities, Canada, Corporate Financing, Energy Projects, Energy Sector

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Class Actions: Looking Forward 2025

We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to… more

Antitrust Litigation, Antitrust Violations, Appeals, Canada, Class Action

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Exempt Market Dealers Granted Limited Access to Prospectus Offerings

Exempt Market Dealers (EMDs) in several Canadian provinces—British Columbia, Alberta, Saskatchewan, Ontario, Quebec and Nova Scotia—can now, under certain conditions, participate in prospectus offerings as part of a selling… more

Accredited Investors, Canada, Canadian Securities Administration, Financial Adviser, Investors

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Employment Termination Clauses: Lessons From Singh v Clark Builders

In a recent decision, the Court of King’s Bench of Alberta upheld a freely negotiated termination clause with a sophisticated employee despite evolution to the employee’s role over the term of employment. The employee’s… more

Bargaining Power, Canada, Contract Drafting, Contract Terms, Employee Rights

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BC Court of Appeal Upholds Arbitration and Foreign Law Clauses in Employee Incentive Plan

In Aspen Technology, Inc. v. Wiederhold, 2025 BCCA 261 (Wiederhold), the British Columbia Court of Appeal enforced an arbitration/forum selection clause in an employee incentive plan, overturning a lower court decision and… more

Appeals, Arbitration, Arbitration Agreements, Contract Terms, Dispute Resolution

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Clear and Explicit Contractual Language Required to Impose Arbitration on Third-Party Beneficiaries

The Alberta Court of Appeal in Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc, 2024 ABCA 369 recently held that parties attempting to impose an arbitration requirement on third-party beneficiaries… more

Arbitration, Arbitration Agreements, Arbitrators, Canada, Contract Terms

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Soft Opening of Pay Transparency in British Columbia

In the same year that Claudia Goldin's research on women's progress in the workforce earned a Nobel Prize, British Columbia introduces pay transparency legislation… more

Canada, Equal Pay, Gender Equity, Gender-Based Pay Discrimination, Human Resources Professionals

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23andMe's Data Breach: Key Takeaways

On June 17, 2025, the Office of the Privacy Commissioner of Canada (OPC) released a summary of its investigation findings regarding a data breach at 23andMe, which affected nearly seven million customers, including approximately… more

23andMe, Canada, Cyber Attacks, Cybersecurity, Data Breach

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Canadian Securities Administrators Adopt Multilateral Instrument 93-101: Derivatives—Business Conduct

The Canadian Securities Administrators (CSA) announced that the regulatory authorities of each jurisdiction in Canada, except for British Columbia, have adopted Multilateral Instrument 93-101, entitled Derivatives—Business… more

Business Conduct Standards, Canada, Canadian Securities Administration, Compliance, Derivatives

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Do Medical Professionals Have Freedom of Expression?

Since the advent of the COVID-19 pandemic, state responses to the virus have become the subject of vigorous public debate. While some impugn measures they say are too weak to protect the vulnerable, others lament incursions on… more

Canada, Coronavirus/COVID-19, Freedom of Expression, Health and Safety, Healthcare Facilities

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BC Court of Appeal Upholds Arbitration and Foreign Law Clauses in Employee Incentive Plan

In Aspen Technology, Inc. v. Wiederhold, 2025 BCCA 261 (Wiederhold), the British Columbia Court of Appeal enforced an arbitration/forum selection clause in an employee incentive plan, overturning a lower court decision and… more

Appeals, Arbitration, Arbitration Agreements, Contract Terms, Dispute Resolution

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23andMe's Data Breach: Key Takeaways

On June 17, 2025, the Office of the Privacy Commissioner of Canada (OPC) released a summary of its investigation findings regarding a data breach at 23andMe, which affected nearly seven million customers, including approximately… more

23andMe, Canada, Cyber Attacks, Cybersecurity, Data Breach

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Clear and Explicit Contractual Language Required to Impose Arbitration on Third-Party Beneficiaries

The Alberta Court of Appeal in Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc, 2024 ABCA 369 recently held that parties attempting to impose an arbitration requirement on third-party beneficiaries… more

Arbitration, Arbitration Agreements, Arbitrators, Canada, Contract Terms

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Changes in Effect to the Cost of Collateral Mortgage Registration

To ensure that future borrowers and lenders alike are aware of a potentially significant change in Mortgage registration fee calculations at the Alberta Land Titles Office, and to help prevent any registration fee surprises on… more

Borrowers, Canada, Debt Financing, Fees, Financial Regulatory Reform

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Momentum Shift: Canada’s M&A Landscape in 2025

A variety of factors are expected to significantly increase Canadian M&A activity in 2025. These include the likelihood of a more merger friendly regulatory environment in the United States for cross-border transactions, lower… more

Acquisitions, Artificial Intelligence, Canada, Corporate Counsel, Energy Sector

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Navigating US-Canada Tariff Tensions: Managing Risk in Construction Contracts

Driven by growing housing needs, clean energy policies and a high volume of telecommunications transactions, demand for Canadian infrastructure projects have been rising. However, recently announced US tariffs on Canadian goods… more

Canada, Construction Contracts, Construction Industry, Contract Drafting, Contract Terms

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Canada Unveils Sweeping New Russia Sanctions Targeting Trade, Sanctions Evasion and Key Industries

On June 13, 2025, the Government of Canada registered three significant packages of amendments to the Special Economic Measures (Russia) Regulations (the Regulations) under SOR/2025-141, SOR/2025-142 and SOR/2025-143. Officially… more

Canada, Economic Sanctions, Export Controls, Financial Institutions, Imports

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AI Notetaking in the Legal and Business Context: Does It Risk Confidentiality or Privilege?

As businesses modernize, many are turning to artificial intelligence (AI) tools to increase productivity and lower costs. One such tool is AI notetaking—automated meeting transcriptions, real-time summaries and searchable… more

Artificial Intelligence, Attorney-Client Privilege, Best Practices, Canada, Confidential Information

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Employment Termination Clauses: Lessons From Singh v Clark Builders

In a recent decision, the Court of King’s Bench of Alberta upheld a freely negotiated termination clause with a sophisticated employee despite evolution to the employee’s role over the term of employment. The employee’s… more

Bargaining Power, Canada, Contract Drafting, Contract Terms, Employee Rights

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Bennett Jones Leading the Way in Employee Ownership Trusts

Effective January 1, 2024, Canada introduced detailed rules into the Income Tax Act (Canada) to facilitate and encourage employee ownership of small and medium sized Canadian businesses through the creation of employee ownership… more

Business Ownership, Canada, Capital Gains, Employee-Ownership, Estate Planning

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Ten Takeaways for Private M&A Sellers and Buyers in Canada from Recent Court Decision

A private M&A purchase agreement customarily includes extensive representations and warranties and indemnification provisions. Post-closing, if the buyer alleges a breach of those provisions claiming significant damages, and the… more

Acquisitions, Buyers, Canada, Discovery, Mergers

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Significant Changes Proposed to the Criminal Interest Rate

On May 11, 2021, Bill C-274, An Act to amend the Criminal Code (Criminal Code Interest Rate) received first reading in the House of Commons. The Bill proposes to amend the definitions of "criminal rate" and "interest" under… more

Banking Sector, Banks, Canada, Consumer Lenders, Finance Lender

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BC Hydro 2025 Call for Power: Overview of Request for Proposal Documents

Further to its April announcement, BC Hydro is moving forward with its 2025 Call for Power (2025 Call). As part of the 2025 Call, BC Hydro issued a request for proposals (RFP) on July 28, 2025. The RFP aims to acquire up to… more

Canada, Clean Energy, Energy Projects, Energy Sector, First Nations

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Alternative Financing for Oil and Gas Producers: The Securitization of Oil and Gas Assets

Oil and gas producers in Canada have historically relied predominately on reserve based lending arrangements from institutional credit providers for production and operating liquidity. Prolonged economic uncertainty, commodity… more

Asset-Backed Securities, Canada, Corporate Financing, Energy Projects, Energy Sector

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Fairstone Financial v Duo Bank – Ontario Court Interprets MAC Clause

In Fairstone Financial Holdings Inc v Duo Bank of Canada, Koehnen J. of the Ontario Superior Court of Justice (Commercial List) had the opportunity to further the limited jurisprudence on material adverse change/material adverse… more

Acquisitions, Business Interruption, Coronavirus/COVID-19, Force Majeure Clause, Infectious Diseases

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The New Duty of Good Faith in Canadian Insolvency Proceedings

Canada’s two main insolvency and restructuring statutes, the Bankruptcy and Insolvency Act (BIA) and the Companies’ Creditors Arrangement Act (CCAA) were recently amended to include a new duty of good faith on the part of all… more

Bankruptcy and Insolvency Act (BIA), Bankruptcy Code, Bankruptcy Court, Canada, Commercial Bankruptcy

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BC Government Streamlines Renewable Energy Regulatory Process and Announces 2025 Call for Power

On April 30, 2025, the Government of British Columbia tabled Bill 14, the Renewable Energy Projects (Streamlined Permitting) Act (Bill). The Bill would accelerate the permitting of renewable energy projects in the province by… more

Canada, Clean Energy, Energy Policy, Energy Projects, Environmental Assessments

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BC Takes Action to Protect Real Estate Sellers

On May 10, 2016, BC Finance Minister Michael de Jong announced amendments to the Real Estate Services Regulation regarding the imposition of additional obligations on licensees (persons described in s 2 of the Real Estate… more

Canada, Consumer Financial Contracts, Mortgage Lenders, Predatory Lending

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Canada Imposes 25% Retaliatory Surtax on Certain US Goods

On February 1, 2025, US President Donald Trump issued an Executive Order announcing a 25% tariff on imports of most Canadian goods and a 10% tariff on Canadian energy products in addition to any tariffs currently in place. The… more

Canada, Executive Orders, Exports, Imports, International Trade

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Final Guidelines from the Competition Bureau on Environmental Claims in Canada

On June 5, 2025, the Competition Bureau (the Bureau) published its final Guidelines for environmental claims under the Competition Act (the Act). The Guidelines were created to help businesses and the public understand the… more

Canada, Competition Act, Consumer Protection Laws, Due Diligence, Enforcement Actions

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Federal Court of Appeal Dismisses Class Action Certification Due To Unavoidable Individualized Inquiries

In Voltage Pictures v Robert Salna, 2025 FCA 131, the Federal Court of Appeal addressed the preferable procedure criterion in the context of a defendants’ class proceeding. The plaintiffs sought to certify an action against a… more

Appeals, Appellate Courts, Class Action, Copyright Infringement, Copyright Litigation

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Is the Test for Mareva Injunctions/Freezing Orders Too Stringent?

An important pre-trial remedy in cases of fraud is the Mareva injunction, now more commonly called a “freezing order”. This remedy, in simple terms, allows the victim of a fraud, as a plaintiff in the civil courts, to prevent… more

Canada, Exigent Circumstances, Fraud, Freezing Order, Mareva Injunctions

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The Double Default Rule in Real Estate Transactions

"We're ready, willing and able to close. Are you?" These are familiar words to those who buy and sell real estate. They embody the notion that, on the time appointed for the closing of the transaction, a party is ready to close… more

Canada, Commercial Leases, Commercial Real Estate Contracts, Commercial Real Estate Market, Popular

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Canada Unveils Sweeping New Russia Sanctions Targeting Trade, Sanctions Evasion and Key Industries

On June 13, 2025, the Government of Canada registered three significant packages of amendments to the Special Economic Measures (Russia) Regulations (the Regulations) under SOR/2025-141, SOR/2025-142 and SOR/2025-143. Officially… more

Canada, Economic Sanctions, Export Controls, Financial Institutions, Imports

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Turning Losses Into Gains: Private Equity Tax Strategies With Distressed Businesses

Private equity (PE) firms play a critical role in revitalizing struggling businesses by providing, among other things, financial support and operational expertise. PE transactions are often driven by a combination of strategic… more

Acquisitions, Canada, Canada Revenue Agency (CRA), Corporate Taxes, Income Taxes

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New Pension Priorities in Bankruptcy and Insolvency Are Now Reality

This is an update of our original blog dated April 24, 2023. Bill C-228, An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985 received Royal… more

Canada, Employee Benefits, Employer Liability Issues, Insolvency, Pension Funds

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The Strong Borders Act Seeks to Strengthen the Canadian Anti-Money Laundering Regime

The federal government recently introduced Bill C-2, which is known as the Strong Borders Act. It maintains certain proposed amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) introduced… more

AML/CFT, Canada, Enforcement Actions, Money Laundering, Penalties

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New Pension Priorities in Bankruptcy and Insolvency Are Now Reality

This is an update of our original blog dated April 24, 2023. Bill C-228, An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985 received Royal… more

Canada, Employee Benefits, Employer Liability Issues, Insolvency, Pension Funds

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Ready to Rebound: Canada's 2024 M&A Landscape

While Canadian M&A activity continued to lag in 2023 as compared to 2021 and early 2022 in terms of transaction value and volume, as reflected in a significant downturn in exits in Q3, there remain a number of reasons for… more

Acquisitions, Canada, Energy Projects, Energy Sector, Investment

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B.C. $1-Billion First Nations Equity Financing Framework

After much anticipation, on February 22, 2024, British Columbia announced its intention to create a First Nations Equity Financing Framework (Framework) as part of its latest budget and fiscal plan. The Framework aligns with its… more

Canada, Equity Investors, Financial Services Industry, Financing, First Nations

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ISS Updates 2025 Proxy Voting Guidelines

Institutional Shareholder Services (ISS) has released updates to its Canadian proxy voting guidelines for the 2025 proxy season. The ISS updates are effective for shareholder meetings occurring on or after February 1, 2025… more

Board of Directors, Canada, Corporate Governance, Disclosure Requirements, Diversity

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Proposed Canada Transportation Act Amendments: Potential Implications for Canadian Air Carriers

On April 24, 2023, the Canadian government introduced Bill C-47, the Budget Implementation Act, 2023, No. 1 (the Bill), which includes proposed amendments to provisions of the Canada Transportation Act (the CTA) relating to air… more

Air Carriers, Airline Passengers, Airlines, Canada, New Legislation

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Employee Ownership Trusts—A Useful Tool for Employee Business Ownership?

There is a growing international movement to increase employee ownership of businesses. Some jurisdictions such as the United Kingdom and the United States have developed tax rules and incentives to facilitate business ownership… more

Business Ownership, Canada, Department of Finance, Employee-Ownership, Federal Budget

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Updated B.C. Transparency Register Requirements

Effective October 1, 2020, all private companies incorporated under the Business Corporations Act (British Columbia) (BCBCA) will be required to maintain a transparency register disclosing certain prescribed information about… more

Canada, Corporate Governance, Proposed Legislation, Publicly-Traded Companies, Transparency

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Cooperative Capital Markets System Publishes Revised Draft Legislation and Draft Regulations

On August 25, 2015, the participating jurisdictions of the proposed Cooperative Capital Markets System (the Cooperative System) published for comment a revised consultation draft of the uniform provincial/territorial Capital… more

Canada, Capital Markets, Comment Period, Consultation, Market Participants

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British Columbia Grapples With Evidentiary Issues and the Requirement for a Workable Methodology

The evidentiary burden on plaintiffs to have a case certified­—i.e., the “some basis in fact” standard—has been described as a “low bar” in countless cases. Plaintiffs cite the “low bar” in trying to certify their cases, and… more

Canada, Causation, Class Action, Evidence, Expert Testimony

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Unlocking Green Growth: Further Clean Economy ITC Expansions Announced in Canada's 2024 Fall Economic Statement

The Government of Canada advanced its clean energy agenda in the 2024 Fall Economic Statement (FES 2024) by expanding and providing further guidance on several key clean economy investment tax credits (ITCs) designed to… more

Canada, Clean Energy, Clean Power Plan, Electric Vehicles, Green Infrastructure

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Insights and Takeaways From Our Top 10 Commercial Litigation Cases of 2022

Canadian courts rendered a number of notable decisions in the commercial litigation sphere in 2022 that made headlines for the impacts they will have on the landscape of businesses facing a dispute. Now that we are well into the… more

Canada, Commercial Litigation, Corporate Counsel, Energy Sector, Franchise Agreements

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Fundamental Breach or Reasonable Balance? Alberta Court Affirms Employer’s Mandatory COVID-19 Vaccination Policy

In the case of Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Van Hee), Justice L.L. Burt of the Alberta Court of Justice (the Court) held that an employer was justified in unilaterally placing an employee on an unpaid… more

Canada, Coronavirus/COVID-19, Employer Liability Issues, Employment Litigation, Employment Policies

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The Upstream Oilfield Services Industry in Western Canada - A Backgrounder

Described by The Economist as “the unsung masters of the oil industry,” oilfield services are an integral and indispensable part of the oil and natural gas industry in Western Canada. Oilfield services companies are involved in… more

Canada, Energy Exploration, Energy Sector, Midstream Contracts, Natural Gas

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Competition Tribunal Issues First-of-Its-Kind Decision in Private Abuse of Dominance Case Against Major Pharma Manufacturer

On December 17, 2024, the Competition Tribunal (the Tribunal) issued reasons for its decision to dismiss an application for leave to bring a private abuse of dominance action against a major pharmaceutical manufacturer. JAMP had… more

Antitrust Provisions, Canada, Competition, Enforcement Actions, Evidence

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Final Guidelines from the Competition Bureau on Environmental Claims in Canada

On June 5, 2025, the Competition Bureau (the Bureau) published its final Guidelines for environmental claims under the Competition Act (the Act). The Guidelines were created to help businesses and the public understand the… more

Canada, Competition Act, Consumer Protection Laws, Due Diligence, Enforcement Actions

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Canada's Hydrogen Strategy

The New Energy Economy Series - Following its recent announcement of A Healthy Environment and a Healthy Economy, an accelerated climate plan for Canada, the Government of Canada released the Hydrogen Strategy for Canada:… more

Canada, Climate Change, Energy Sector, Environmental Policies, Hydrogen Power

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Driving Compliance: Updates to Canada’s Motor Vehicle and Equipment Safety Regulations

Regulations Amending Certain Regulations Made Under the Motor Vehicle Safety Act (Recall Information), SOR/2024-274 (Regulations) came into force on January 1, 2025.  The Regulations amend… more

Automotive Industry, Canada, Final Rules, Government Agencies, Manufacturers

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Redefining Corporate Disclosure of Material Change

The Potential Impact of the Supreme Court of Canada's Decision in Lundin Mining Corporation v. Markowich - As the Supreme Court of Canada (the SCC) prepares to deliver its decision in Lundin Mining Corporation v Dov Markowich… more

Canada, Directors, Disclosure Requirements, Environmental Liability, Oil & Gas

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Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

This guide highlights the key factors tech startups should consider when choosing where to incorporate in Canada. It takes into account the unique needs of tech startups and the recent efforts by Canadian jurisdictions to update… more

Business Entities, Canada, Corporate Finance, Corporate Governance, Forum Shopping

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BBHIC 2025: Key Insights From Canada’s Leading Healthcare Investment Conference

The Bloom Burton & Co. Healthcare Investor Conference (BBHIC), held in Toronto this week, drew over 1,500 global participants to one of Canada's leading events for healthcare investment and innovation. The conference brought… more

Biotechnology, Canada, Health Technology, Healthcare, Investment

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CDPQ Infra Calls for Progressive Design-Build Services for TramCité Project

CDPQ Infra has launched two requests for expressions of interest (DEI) for progressive design-build (PDB) services for the 19-kilometre TramCité Project in Québec City… more

Canada, Construction Industry, Construction Project, Contractors, Design-Build

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From Barriers to Bridges: Navigating the Unique Landscape of Indigenous Enterprise Financing

In recent years, growing attention and effort has been placed on studying Indigenous economies in Canada with the aim of closing gaps in business, project, community and housing financing, ultimately closing the infrastructure… more

Aboriginal Issues, Canada, Capital Markets, Federal Funding, Financial Institutions

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BC Court Finds No Identifiable Class in Mall-Directory Camera Privacy Class Action

In Cleaver v The Cadillac Fairview Corporation Limited, 2025 BCSC 910, the BC Supreme Court refused to certify a class proceeding alleging privacy breaches of biometric data, concluding that the plaintiffs had failed to… more

Biometric Information, Canada, Class Action, Consumer Privacy Rights, Data Collection

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Considering Australian Securities Law When Drafting Arrangement Agreements to Acquire Australia-Based Companies

As a recent decision by the Australian Takeovers Panel (Panel) has confirmed, Canadian issuers looking to complete a merger or strategic transaction with an Australian counterparty in a Canadian plan of arrangement, subject to… more

Acquisitions, Australia, Canada, Canadian Securities Administration, Contract Terms

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Accounting for Oil and Gas Revenues Without an Operating Agreement

In IFP Technologies (Canada) Inc v EnCana Midstream and Marketing, 2022 ABKB 807, the Court considered for the first time how to perform an accounting of profits from an oil and gas working interest between tenants in common… more

Canada, Energy Sector, Oil & Gas, Operating Agreements, Petroleum

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Ontario and British Columbia Lead a Sequencing Culture Shift

For the past two decades, how best to achieve the fair and efficient management of class actions in Canada was routinely resolved by a one-size-fits-all approach: a presumption that certification should be the first motion heard… more

Canada, Class Action, Class Certification

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Canada Extends Ban on Foreign Home Buyers to 2027

The Government of Canada has announced a two-year extension to an existing ban on foreign ownership of Canadian housing. The Prohibition on the Purchase of Residential Property by Non-Canadians Act (the Act) was set to expire at… more

Canada, Foreign Nationals, Home Buyer, Homeowners, New Legislation

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Misbehaving Employees Beware: Ontario Court Cracks Down on Post-Termination Misconduct

The recent decision in Bougiotis v Manji, 2025 ONSC 2365 (Bougiotis), is a cautionary tale for departed employees thinking of misbehaving; and serves as an example of the relief available to employers where former employees… more

Confidential Information, Damages, Defamation, Employee Misconduct, Employment Litigation

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The PE Briefing: Q1 2025

Even amid the uncertainty of U.S. tariffs and a trade war, there was some positive PE activity in Canada in the first quarter of 2025. What lies ahead after President Trump announced his sweeping global tariff plans on April… more

Acquisitions, Canada, Infrastructure, International Trade, Investment

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CSA Proposes to Expand Diversity Disclosure

The Canadian Securities Administrators (CSA) are currently seeking public comment on proposed amendments and changes to the disclosure requirements for reporting issuers not listed on the TSX Venture Exchange or the Canadian… more

Board of Directors, Canada, Canadian Securities Administration, Corporate Governance, Disclosure Requirements

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Alberta Law Reform Commission on Obligations to Step-Children

The Alberta Law Reform Institute (ALRI) issued its final report in January 2022, entitled "Family Maintenance & Support from the Estate of a Person Who Stood in the Place of Parent." The Report recommends that Alberta… more

Canada, Dependents, Estate Planning, Executors, Guardians

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Is The Mining of Bitcoin Permitted Under Your Lease? Lessons from Flowers v Persist Oil and Gas Inc.

In Flowers v Persist Oil and Gas Inc., 2025 ABKB 142, the Court of King's Bench of Alberta provides some important reminders to commercial landlords, tenants and their respective lenders regarding the growing intersection… more

Bitcoin Mining, Canada, Commercial Leases, Cryptocurrency, Digital Assets

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23andMe's Data Breach: Key Takeaways

On June 17, 2025, the Office of the Privacy Commissioner of Canada (OPC) released a summary of its investigation findings regarding a data breach at 23andMe, which affected nearly seven million customers, including approximately… more

23andMe, Canada, Cyber Attacks, Cybersecurity, Data Breach

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Canadian Securities Administrators Publish Tenth Report Regarding Women on Boards and in Executive Officer Positions

The Canadian Securities Administrators (CSA) recently published its 10th annual Review of Disclosure Regarding Women on Boards and in Executive Officer Positions (Year 10 Report) (the Review). The Review outlines the CSA's key… more

Board of Directors, Canada, Canadian Securities Administration, Corporate Governance, Corporate Officers

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Upending the Ground Rules: Proposed Major Overhaul of the Ontario Rules of Civil Procedure

In September 2023, Chief Justice Morawetz of the Superior Court of Justice and Attorney General Doug Downey announced an initiative to undertake a comprehensive review of the Ontario Rules of Civil Procedure, with a view to… more

Arbitration, Business Litigation, Canada, Commercial Litigation, Discovery

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Court of Appeal Certifies Negligence Claim Against Gun Manufacturer for Mass Shooting

The Court of Appeal for Ontario has certified a class action against the manufacturer of a stolen handgun used to carry out the 2018 mass shooting on Danforth Avenue in Toronto, reversing in part the motion judge’s decision… more

Class Action, Design Defects, Duty of Care, Evidence, Gun Manufacturers

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Class Actions: Looking Forward 2025

We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to… more

Antitrust Litigation, Antitrust Violations, Appeals, Canada, Class Action

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Must A Buyer Accept An Open Building Permit On Closing?

In recent years, courts in Ontario have struggled with the answer to this question, and we direct you to our earlier blog, Requisitioning the Closure of Open Building Permits, on the subject that considered the 2022 case Chan v… more

Building Permits, Canada, Commercial Buildings, Commercial Property Owners, Construction Project

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Lease Termination Clauses: Know the Target Before Pulling the Trigger

In the glow of negotiating a commercial lease, no landlord or tenant wants to think about how it might end early. But recent developments again remind us that a nuanced termination clause will significantly affect if, when and… more

Business Litigation, Canada, Commercial Leases, Commercial Real Estate Market, Contract Disputes

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Canadian Government Financing for Large Enterprises Impacted by US Tariffs and Canadian Countermeasures

Canada Development Investment Corp. (CDEV) has announced the launch of the Large Enterprise Tariff Loan (LETL) facility, a new government-backed loan facility to support large Canadian enterprises affected by actual and… more

Canada, Corporate Governance, Economic Sanctions, Financial Services Industry, Government Agencies

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TSX Venture Exchange Updates Escrow Policy for New Listings

The TSX Venture Exchange (TSXV) has announced updates to its policy on escrow and resale restrictions. The immediately effective updates amended and renamed Policy 5.4 – Capital Structure, Escrow and Resale Restrictions (New… more

Canada, Canadian Securities Administration, Capital Markets, Escrow Accounts, Initial Public Offering (IPO)

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ESG and its Impact On Real Estate

Environmental. All sectors of the Canadian economy are adopting increasingly sustainable and environmentally-friendly practices to help the transition to a net-zero economy. In particular, as the Government of Canada stated in… more

Canada, Construction Project, Critical Infrastructure Sectors, Environmental Social & Governance (ESG), Green Finance

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British Columbia Announces a Pause on Mining in Gitxaala and Ehattesaht Nations Territories

On March 7, 2024, British Columbia's Ministry of Energy, Mines and Low Carbon Innovation announced interim measures in the form of four Orders in Council (OICs). The OICs place restrictions on the issuance of mineral claims,… more

Canada, Mineral Exploration, Mining, Natural Resources, Resource Extraction

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CSA Significantly Increases the Capital-Raising Limit Under the Listed Issuer Financing Exemption

On May 14, 2025, the Canadian Securities Administrators (CSA) announced Coordinated Blanket Order 45-935 Exemptions from Certain Conditions of the Listed Issuer Financing Exemption, a change that will significantly increase the… more

Canada, Canadian Securities Administration, Capital Markets, Capital Raising, Exemptions

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Bennett Jones Leading the Way in Employee Ownership Trusts

Effective January 1, 2024, Canada introduced detailed rules into the Income Tax Act (Canada) to facilitate and encourage employee ownership of small and medium sized Canadian businesses through the creation of employee ownership… more

Business Ownership, Canada, Capital Gains, Employee-Ownership, Estate Planning

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Court Rules That Unquantifiable Climate Impacts Are Not Sufficient to Overturn Project Approval

In a recent decision, the Federal Court has rejected an attempt by non-governmental organizations (NGOs) to set aside ministerial approval of a significant offshore oil and gas project. The NGOs argued that the Minister failed… more

Canada, Climate Change, Energy Projects, Energy Sector, Environmental Policies

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Home is Where the Risk is When Carrying on (Insurance) Business

In Vale Canada Limited v Royal & Sun Alliance Insurance Company of Canada, 2022 ONCA 862, the Ontario Court of Appeal distilled a 70-page decision about a multi-jurisdictional insurance coverage dispute into one straightforward… more

Canada, Insurance Claims, Insurance Industry, Insurance Litigation, Jurisdiction

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Supreme Court of Canada Declines to Hear the Cameco Landmark Transfer Pricing Case

On February 18, 2021, the Supreme Court of Canada announced that it will not hear the transfer pricing tax appeal involving the Government of Canada and Cameco Corporation. Cameco was previously successful in both the Tax Court… more

Supreme Court of Canada, Transfer Pricing

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Upending the Ground Rules: Proposed Major Overhaul of the Ontario Rules of Civil Procedure

In September 2023, Chief Justice Morawetz of the Superior Court of Justice and Attorney General Doug Downey announced an initiative to undertake a comprehensive review of the Ontario Rules of Civil Procedure, with a view to… more

Arbitration, Business Litigation, Canada, Commercial Litigation, Discovery

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Q&A on Managing Intergenerational Growth in Canadian Agribusiness

Canadian agricultural family enterprises are living legacies that anchor our local economies. From household names to community-driven farms, these businesses have deep roots in the land and the hearts of their communities… more

Agribusiness, Brand, Business Strategies, Canada, Family Businesses

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Class Actions: Looking Forward 2025

We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to… more

Antitrust Litigation, Antitrust Violations, Appeals, Canada, Class Action

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Securities Regulators Provide Guidance to Improve Transparency for Reporting Issuers in the Cannabis Industry, Providing Lessons for All

On November 12, 2019, the Canadian Securities Administrators (CSA) published Multilateral Staff Notice 51-359 Corporate Governance Related Discourse Expectations for Reporting Issuers in the Cannabis Industry ("MSN51-359") to… more

Acquisitions, Canada, Canadian Securities Administration, Cannabis-Related Businesses (CRBs), Compliance

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The Unlimited Potential of Drones: Investment and Collaboration Opportunities between Canada and Israel

Unmanned aerial vehicles (UAVs), or drones, are transforming how businesses in a wide range of industries operate. Initially considered something exclusively for military purposes, the drone industry has branched out, developing… more

Canada, Drones, Foreign Investment, Israel, Popular

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The PE Briefing: Q2 2025

The clouds of uncertainty that rapidly formed in early 2025 continue to drift over the private equity landscape in Canada and globally. Tariffs and geopolitics are subduing deal making and investment opportunities, particularly… more

Artificial Intelligence, Canada, Clean Energy, Due Diligence, Geopolitical Risks

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Redefining Corporate Disclosure of Material Change

The Potential Impact of the Supreme Court of Canada's Decision in Lundin Mining Corporation v. Markowich - As the Supreme Court of Canada (the SCC) prepares to deliver its decision in Lundin Mining Corporation v Dov Markowich… more

Canada, Directors, Disclosure Requirements, Environmental Liability, Oil & Gas

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Federal Government Publishes Final Regulations Aimed at Reducing GHG Emissions

The federal Canadian Greenhouse Gas Offset Credit System Regulations (OCSR) and the Clean Fuel Regulations (CFR), under the Greenhouse Gas Pollution Pricing Act and Canadian Environmental Protection Act, 1999, respectively, have… more

Canada, Carbon Emissions, Climate Change, Environmental Policies, Greenhouse Gas Emissions

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Specific Performance: Not Extraordinary in Commercial Leasing

In light of recent caselaw, and despite popular belief, it may be time to reframe specific performance as a perfectly ordinary remedy rather than an extraordinary one. The decision of Justice Rees in The Decorators Choice Paint… more

Breach of Contract, Canada, Commercial Leases, Commercial Litigation, Commercial Real Estate Contracts

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TSX Proposes Amendments to Listing Requirements

The Toronto Stock Exchange (TSX) has published for comment proposed amendments to the TSX Company Manual (the Manual). The amendments are intended to support capital markets by… more

Canada, Capital Markets, Initial Public Offering (IPO), Listing Rules, Mining

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How (Not) to Inadvertently Waive Your Right to Arbitrate

The recent Ontario Court of Appeal decision in RH20 North America Inc v Bergmann, 2024 ONCA 445 serves as useful reminder that a party can inadvertently waive its right to arbitrate a dispute if the party takes a step in the… more

Arbitration, Arbitration Agreements, Canada, Commercial Arbitration, Contract Disputes

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Updated Rules for Mining Disclosure: What the Canadian Securities Administrators Proposed Changes Mean for Industry Participants

On June 12, 2025, the Canadian Securities Administrators (CSA) formally released a Request for Comment on proposed sweeping changes to National Instrument 43-101, Standards of Disclosure for Mineral Projects, marking the first… more

Canada, Canadian Securities Administration, Disclosure Requirements, Environmental Social & Governance (ESG), Mineral Exploration

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Overview of Real Estate Emergency Pandemic Measures (Updated August 2020 #3)

Recent Updates - August 24, 2020: Update reflects the extension of a number of emergency orders under the Reopening Ontario (A Flexible Response to COVID-19) Act. In particular, this extension does not include the Education… more

Canada, Commercial Leases, Commercial Tenants, Coronavirus/COVID-19, Landlords

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Employment Termination Clauses: Lessons From Singh v Clark Builders

In a recent decision, the Court of King’s Bench of Alberta upheld a freely negotiated termination clause with a sophisticated employee despite evolution to the employee’s role over the term of employment. The employee’s… more

Bargaining Power, Canada, Contract Drafting, Contract Terms, Employee Rights

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The Financial Innovation Act: Regulations and Coming Into Force July 1, 2022

On June 7, 2022, the Government of Alberta published Order in Council 200/2022, under which the Lieutenant Governor in Council ordered that the Financial Innovation Act, SA 2022 c F-13 (FIA) be proclaimed into force on July 1,… more

Canada, Consumer Financial Products, Financial Instruments, Financial Services Industry, FinTech

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Class Actions: Looking Forward 2025

We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to… more

Antitrust Litigation, Antitrust Violations, Appeals, Canada, Class Action

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Budget 2023 Proposes Significant Amendments to Canada's General Anti-Avoidance Rule

The 2023 Canadian Federal Budget, released March 28, 2023 (Budget 2023), proposes significant amendments to expand the application of Canada's general anti-avoidance rule (GAAR). These proposals come after the federal… more

Budgets, Canada, Federal Budget, Income Taxes, Legislative Agendas