Denise Bright

Denise Bright

Bennett Jones LLP

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Latest Publications


Summer Tendering Update: Reasonable Expectations and Negative Contingencies

A recent decision from the Alberta Court of Queen’s Bench and Court of Appeal in Elan Construction considered and clarified two aspects of tendering law....more

10/14/2016 - Appeals Bid Protests Breach of Implied Contract Canada Competitive Bidding Construction Industry Damages Evidence Lost Profits Pleadings Subcontractors Tender Offers

Landlords, Leases and Financial Distress

Prepaid rent or a security deposit? The distinction is an important and potentially costly one for landlords in the current economic climate. In 2015, the Alberta Court of Appeal in York Realty Inc. v Alignvest Private Debt...more

9/20/2016 - Canada Commercial Bankruptcy Commercial Leases PPSA Security Deposits

A Little Clarity or More Lien Challenges? Lien Claims Before and After Certificate of Substantial Performance in Alberta

The recent Master’s decision in Chandos Construction Ltd v Twin Peaks Construction Ltd, 2016 ABQB 296 determined an issue under the Builders’ Lien Act (Alberta) (BLA) which, surprisingly, had never been specifically addressed...more

7/19/2016 - Canada Construction Industry Construction Liens Substantial Completion

Final Disclosure Rules Regarding Women on Boards and in Senior Management

TSX-listed companies will almost certainly need to include disclosure in their information circulars or annual information forms on the representation of women on their boards and in senior management for the 2015 proxy...more

10/20/2014 - Board of Directors Canada Disclosure Requirements Diversity Proxy Statements Publicly-Traded Companies

Women on Boards and in Senior Management- OSC Releases Proposed Amendments Regarding Incremental Disclosures of Corporate...

Women on Boards and in Senior Management - The Ontario Securities Commission (OSC) has published for comment proposed amendments to Form 58-101F1 of National Instrument 58-101 Disclosure of Corporate Governance...more

1/23/2014 - Board of Directors Canada Corporate Governance Diversity Women in the Law

Technology Licenses in the Context of a Licensor's Bankruptcy and Insolvency

Intellectual property rights are critical to various economic sectors. Many companies depend on licensed technology to operate and survive. The licensor-licensee relationship may deteriorate, especially if the licensor starts...more

6/26/2013 - Amended Legislation Canada Insolvency License Agreements Licenses The Companies' Creditors Arrangement Act

Indemnification Claims Under the CCAA A - Caution for Underwriters, Auditors, Directors and Others

Indemnification clauses are often considered a critical component of risk mitigation strategies in legal relationships. However, as is well understood, the value of an indemnification clause, in the event it becomes...more

1/25/2013 - Auditors CCAA Directors Equity Claims Indemnification Clauses Insolvency Risk Mitigation Securities Underwriting

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