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Canada Business Litigation

Bennett Jones LLP

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

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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

Bennett Jones LLP

Lease Termination Clauses: Know the Target Before Pulling the Trigger

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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...more

Bennett Jones LLP

Upending the Ground Rules: Proposed Major Overhaul of the Ontario Rules of Civil Procedure

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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

Cozen O'Connor

Z.A.S v. T.S., Support Payments and the Treatment of Corporate Income

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In Z.A.S. v. T.S., 2024 BCSC 2205, the British Columbia Supreme Court (BCSC) provided a detailed analysis of the factors and financial intricacies involved in calculating income for purposes of spousal and child support...more

Bennett Jones LLP

ONSC Denies Claim for Acceleration of Earn-Out Payment

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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

Bennett Jones LLP

BC Court Holds That Non-Parties Required to Respond to Document Production Applications are Not Entitled to Full Indemnification...

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In Bowman v Kimberly-Clark Corporation, 2024 BCSC 1975, the British Columbia Supreme Court held that non-parties are entitled to tariff costs for responding to document production applications—but are not entitled to full...more

Bennett Jones LLP

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

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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

Blake, Cassels & Graydon LLP

Un tribunal de l’Alberta confirme le critère relatif au cautionnement pour dépens applicable aux personnes morales

Dans une décision récente, Embedia Technologies v. Blumell (l’« affaire Embedia »), la Cour du Banc du Roi de l’Alberta (la « CBRA ») a clarifié le critère relatif au cautionnement pour dépens applicable dans le cas des...more

Bennett Jones LLP

No Space for Error: Invalid Indemnity Claim in Asset Transaction Failed to Follow Notice Terms

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The latest dispute in the asset deal between Spacebridge Inc. and Baylin Technologies Inc. is a stark warning to anyone delivering a notice of indemnification claim against funds held in escrow....more

Bennett Jones LLP

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

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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...more

Stikeman Elliott LLP

Recent Québec Court of Appeal Decision Highlights the Importance of Clear Drafting for Earnouts

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Ambiguous drafting of earnout provisions in M&A agreements is a perennial source of post-closing disputes. What may have seemed clear to parties in the heat of negotiations can often become less so as time passes,...more

Bennett Jones LLP

Leaving the Court in Peace: the Alberta Court of Appeal Applies Narrow Limitations Exception for Declaratory Relief

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The Alberta Limitations Act does not apply to requests for "a declaration of rights and duties, legal relations or personal status". The exception is narrow. But as recently confirmed by the Alberta Court of Appeal in...more

Bennett Jones LLP

Force Majeure Clauses and COVID-19 Pandemic Impacts—An Assessment of Ontario Judgments Three Years On

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Early on in the COVID-19 pandemic, many businesses began to scrutinize force majeure clauses in their commercial contracts and leases. Such contractual clauses, when engaged, either permanently or temporarily relieve the...more

Stikeman Elliott LLP

Concern About Foreign Corruption Allegations Insufficient to Relieve Canadian Company of Debt Obligation to Its Indian...

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In Kirloskar Technologies (P) Ltd. v. Best Theratronics Ltd., 2022 ONCA 331 the Ontario Court of Appeal affirmed that the perceived risk of criminal prosecution under Canadian corruption of foreign public officials...more

Dickinson Wright

Litigating in Ontario

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As cross-border commerce has become commonplace for so many of our clients and with it the prospect and likelihood of their finding themselves considering or responding to litigation in Canada, there is a need to understand...more

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