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

See all updates »

Prompt Payment Update—Alberta's Court of King's Bench Concludes Adjudicator Decisions under the PPCLA

In 2022, amendments to the Prompt Payment and Construction Lien Act (PPCLA) introduced a prompt payment and related fast-track adjudication process. Recently, in Welcome Homes Construction Inc v Atlas Granite Inc, the Alberta's…more

Canada, Construction Contracts, Construction Industry, Construction Liens, General Contractors

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 »

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

See all updates »

Government of Canada Trying to Focus Policies to Make Electric Vehicles Go

Budget 2022 Introduces: new "Super Flow-Through" Critical Mineral Exploration Tax Credit; funds to Support Critical Infrastructure; and further Support for Indigenous Partnerships…more

Automotive Industry, Canada, Electric Vehicles, Federal Budget, Infrastructure

See all updates »

Federal Government Publishes Notice Requiring PFAS Information and Updates its Draft State of PFAS and Risk Management Scope Reports

On July 27, 2024, the Federal Government published a Notice with respect to certain per- and polyfluoroalkyl substances (PFAS) in the Canada Gazette under paragraph 71(1)(b) of Canadian Environmental Protection Act, 1999 (CEPA)…more

Canada, Contamination, Environmental Policies, Environmental Protection Act, Manufacturers

See all updates »

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

See all updates »

Canada's M&A Landscape and Deal Making Trends: Q1 2024

United States and global M&A rebounded in the first quarter of 2024, powered by the return of mega deals worth US$10 billion or more. According to Bloomberg, global deal values are up about 21 percent year-on-year to more than…more

Acquisition Agreements, Acquisitions, Artificial Intelligence, Canada, Investors

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Do You Issue Loans for Less than $5000? The Ontario Government Wants to Call you a Payday Lender

Businesses that issue loans to customers for $5,000 or less should be aware that the Ontario Ministry of Consumer Services (MCS) is proposing an amendment to the regulations under the Payday Loans Act, 2008 which, read literally…more

Canada, Loans, Payday Loans, Proposed Regulation, Registration

See all updates »

Alberta Court Articulates Important Exceptions to the Kompetenz-Kompetenz Principle and the Scope of Arbitration Clauses

A recent decision of the Alberta Court of King’s Bench in Orica Canada Inc v ARVOS GmbH, 2024 ABKB 97 [Orica] has attracted considerable attention among members of the arbitration bar. In it, the Court of King’s Bench addressed…more

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

See all updates »

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

See all updates »

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)

See all updates »

Modernising Québec's Energy Sector: An Overview of Bill 69

The Québec government is proposing to bring many changes to the legislative and regulatory landscape governing the energy sector in Québec, including the Act respecting the Régie de l'énergie and the Hydro-Québec Act (the HQA)…more

Canada, Carbon Emissions, Clean Energy, Clean Power Plan, Energy Market

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

See all updates »

Redesigning British Columbia's Mineral Exploration System

On September 26, 2023, the British Columbia Supreme Court issued a ruling in Gitxaala v. British Columbia (Chief Gold Commissioner) that will affect the future of mining in British Columbia. In this case, the court found the…more

Canada, Mineral Exploration, Mineral Extraction, Mineral Leases, Minerals

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

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

See all updates »

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

See all updates »

TSX Venture Exchange Launches "Sandbox" Initiative for Novel Listing Proposals

On May 13, 2024, the TSX Venture Exchange (TSXV) announced the launch of its "Sandbox" initiative that will aim to provide a formal and transparent forum for the TSXV to consider listing proposals from issuers that do not…more

Board of Directors, Canada, Corporate Financing, Corporate Governance, Initial Public Offering (IPO)

See all updates »

B.C. Supreme Court Confirms that British Columbia's No-Costs Rule Does Not Apply to Pre-Certification

British Columbia is often referred to as a "no costs" jurisdiction for class proceedings because section 37 of the B.C. Class Proceedings Act creates a presumptive no-costs regime in British Columbia for certification…more

British Columbia Supreme Court, Canada, Law Firm Associates, Law Firm Partners, Young Lawyers

See all updates »

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

See all updates »

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

See all updates »

The Alternative Minimum Tax Goes Mainstream

The 2023 Budget proposes material changes to the alternative minimum tax (AMT) regime which, as discussed below, could result in significant increases to taxes on capital gains (i.e.,5-6 percentage points). Although…more

Alternative Minimum Tax, Canada, Capital Gains, Federal Taxes, Income Taxes

See all updates »

Canadian Regulators Continue Enforcement Efforts Aimed at Offshore Crypto Platforms

Canadian regulators want to ensure that crypto-asset trading platforms (CTPs) know that they will not be able to evade Canadian and Ontario securities law sanctions by withdrawing from the Canadian market. As part of a…more

Canada, Crypto Exchanges, Cryptoassets, Digital Assets, Enforcement Actions

See all updates »

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

See all updates »

Changes to Ontario's Employment-Related Legislation Have Arrived

As you may have heard or read in our earlier blog, More Changes to Ontario's Employment-Related Legislation Are on the Horizon, the Ontario government introduced Bill 79, Working for Workers Act, 2023 in late March 2023. On…more

Canada, Employer Liability Issues, Employment Contract, Employment Litigation, Employment Standards Act

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

See all updates »

Continuous Disclosure Recommendations Resulting from CSA Biennial Review

On November 3, 2022, the Canadian Securities Administrators (CSA) published its biennial report on issuer compliance with continuous disclosure obligations - Staff Notice 51-364 (Staff Notice), which covers fiscal years ended…more

Canada, Canadian Securities Administration, Disclosure Requirements, Financial Statements, MD&A Statements

See all updates »

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

See all updates »

Delaware Court Affirms High Threshold for Breach of Directors' Caremark Duties

In a recent case, Bricklayers Pension Fund of Western Pennsylvania (derivatively on behalf of Centene Corporation) v Brinkley (Centene), Delaware's Court of Chancery dismissed “Caremark duty claims”—named after the 1996 case…more

Board of Directors, Breach of Duty, Canada, Caremark claim, Corporate Counsel

See all updates »

Alberta Releases List of Essential Services, Orders Immediate Closure of Certain Non-Essential Businesses - Update

This is an update to a previous blog from March 28, 2020. As a response to the increasing risk that the COVID-19 virus poses to Albertans, on March 27, 2020, the Alberta Government made several announcements affecting business,…more

Business Closures, Canada, Coronavirus/COVID-19, Crisis Management, Emergency Management Plans

See all updates »

Canada Clarifies and Expands Proposal for Equity Buyback Tax

In November 2022, we wrote about the federal government's proposal in the 2022 Fall Economic Statement to tax share buybacks by public corporations in our blog, Canada Proposes New Tax On Share Buybacks. At the time, few details…more

Canada, Corporate Taxes, Publicly-Traded Companies, Share Buybacks, Shareholders

See all updates »

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

See all updates »

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

See all updates »

After the New Bill C-69: A Plan, a Directive and then What?

In recent months, the Government of Canada took several steps that may alter the regulatory system for natural resource and infrastructure projects, and "clean growth projects" in particular…more

Canada, Clean Energy, Critical Infrastructure Sectors, Energy Sector, Infrastructure

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Canada's M&A Landscape Q1 2023: Keep Calm and Carry On

The general sentiment for prospective deal making in Canada at the end of Q1 2023 might best be described as restrained optimism, especially in comparison to 2021 and early 2022. Despite continued headwinds from various…more

Acquisitions, Canada, Global Economy, Investment, Investors

See all updates »

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

See all updates »

Quebec Adopts New "Right to Repair" and Obsolescence Law

The Québec government recently adopted Bill 29, an Act to protect consumers from planned obsolescence and to promote the durability, repairability and maintenance of goods (the Act), which introduces several substantive…more

Automotive Industry, Canada, Consumer Protection Act, Manufacturers, Merchants

See all updates »

Employment Standards Act to Require Licensing of Temporary Help Agencies: The New Regime at a Glance

As of January 1, 2024, the Employment Standards Act will require temporary help agencies to be licensed by the Ministry of Labour in order to operate. The Ontario government previously amended the Employment Standards Act in…more

Canada, Employees, Employer Liability Issues, Employment Contract, Employment Litigation

See all updates »

Rule Changes In England and Wales Help Combat Fraud—Should Canada Follow?

The United Kingdom’s Civil Procedure Rule Committee recently approved methods of extra-jurisdictional service of Norwich-type information orders that could make it easier to pursue cross-border economic crime disputes in England…more

Banks, Canada, Customer Information, Fraud, Information Management

See all updates »

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 »

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

See all updates »

Don't Let Caveats Mislead You: The Importance of Complying with Limitation Periods in Property Claims

In the realm of property law, caveats serve as a powerful tool for protecting interests in real estate. By registering a caveat on land titles, individuals or entities can assert a claim or encumbrance against a property,…more

Canada, Foreclosure, Land Developers, Land Owners, Land Titles

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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 »

Not My Problem: The Maintenance of Easements

When you grant an easement over your lands to another, who has the obligation to maintain the lands and the improvements on those lands? One might argue that it is the grantor of the easement—that the owner has the obligation to…more

Canada, Drainage, Easements, Highways, Land Owners

See all updates »

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

See all updates »

Clarity and Confusion: Updates to Canada's Guidance on Forced Labour Reporting Requirements

As businesses finalize their reports under the Fighting Against Forced Labour and Child Labour in Supply Chains Act (the Act) in advance of the May 31, 2024, statutory deadline, Public Safety Canada has updated its…more

Canada, Child Labor, Corporate Counsel, Corporate Liability, Corporate Social Responsibility

See all updates »

Bill 149 Receives Royal Assent—New and Upcoming Legislative Changes for Ontario Employers

On March 21, 2024 Bill 149, Working for Workers Four Act, 2023 (Bill 149) received Royal Assent. As discussed in our initial blog, More Legislative Changes on the Horizon for Ontario Employers, late last year when the…more

Canada, Disclosure Requirements, Employee Definition, Employees, Employer Liability Issues

See all updates »

Navigating Water Scarcity: Legal Implications and Impact on Alberta's Industries

The Alberta government has identified, and is taking proactive steps to address, the looming threat of a severe drought this year. As negotiations unfold to secure water-sharing agreements, a cascade of legal and economic…more

Canada, Drought, Groundwater, Water, Water Conservation

See all updates »

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

See all updates »

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

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Federal Government Introduces Cybersecurity Legislation to Protect Critical Infrastructure

On June 14, 2022, federal Public Safety Minister Marco Mendicino introduced Bill C-26, An Act Respecting Cyber Security (ARCS). Intended to strengthen cybersecurity of vital services and vital systems, this proposed legislation…more

Canada, Critical Infrastructure Sectors, Cybersecurity, Data Privacy, Data Protection

See all updates »

Navigating the Legal Landscape of AI

Bennett Jones welcomed the opportunity to present a practical, opportunity and risk focused approach to the governance of Artificial Intelligence (AI) at the board level to the Institute of Corporate Directors. While AI is…more

Artificial Intelligence, Board of Directors, Canada, Cybersecurity, Innovative Technology

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 »

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

See all updates »

Canadian Ombudsperson for Responsible Enterprise Publishes First Final Investigation Report

On March 26, 2024, the Canadian Ombudsperson for Responsible Enterprise (CORE) published a final report on its investigation into allegations that a Canadian mining company, Dynasty Gold Corporation (Dynasty), operating in…more

Canada, Corporate Governance, Corporate Liability, Corporate Social Responsibility, Forced Labor

See all updates »

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

See all updates »

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

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

See all updates »

Grassy Narrows First Nation Challenges Ontario’s Mining Claims Regime

On July 10, 2024, Grassy Narrows First Nation (Grassy Narrows) launched a challenge against Ontario’s Mining Act (the Mining Act), claiming that the system for granting mining claims pursuant to the legislation (the Mining Claim…more

Canada, Mineral Exploration, Mineral Extraction, Mineral Leases, Mining

See all updates »

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

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 »

Capital Markets Tribunal Keeps High Bar to Establish Improper Defensive Private Placement

On March 11, 2024, the Ontario Capital Markets Tribunal (Tribunal) released its reasons for dismissing Mithaq Capital Inc.'s (Mithaq) application on December 14, 2023, to cease trade a private placement that Aimia Inc. (Aimia)…more

Board of Directors, Canada, Canadian Securities Administration, Capital Markets, Shareholders

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

See all updates »

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

See all updates »

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

See all updates »

After the New Bill C-69: A Plan, a Directive and then What?

In recent months, the Government of Canada took several steps that may alter the regulatory system for natural resource and infrastructure projects, and "clean growth projects" in particular…more

Canada, Clean Energy, Critical Infrastructure Sectors, Energy Sector, Infrastructure

See all updates »

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

See all updates »

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

See all updates »

Ontario iGaming: New Amendments that Restrict Advertising and Marketing Activities

On August 29, 2023, the Alcohol and Gaming Commission of Ontario (AGCO) announced amendments to its Standards for Internet Gaming (Standards) and released further guidance on its implementation on February 8, 2024. These…more

Advertising to Minors, Canada, Celebrities, Celebrity Endorsements, Endorsements

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

See all updates »

A Landmark Summer for Design Patent Law

The world of intellectual property (IP) underwent some significant transformations this summer, with recent changes from the U.S. Federal Circuit and the Canadian Intellectual Property Office (CIPO) reshaping the landscape of…more

Canada, Innovative Technology, Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement

See all updates »

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

See all updates »

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

See all updates »

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

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

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Canada Seeks Business Input on CUSMA Ahead of 2026 Joint Review

On August 17, 2024, the Government of Canada initiated a public consultation on the operation of the Canada–United States–Mexico Agreement (CUSMA or the Agreement). The Government is seeking views on what is working well with…more

Canada, Cross-Border Transactions, CUSMA, Imports, NAFTA

See all updates »

Top Five Things to Know About Proptech in Canada

We are in the midst of a digital transformation of all aspects of the real estate industry, including development, marketing, transactions, financing and management. The convergence of property and technology, known as…more

Canada, Commercial Real Estate Market, Real Estate Companies, Real Estate Development, Real Estate Market

See all updates »

Modernising Québec's Energy Sector: An Overview of Bill 69

The Québec government is proposing to bring many changes to the legislative and regulatory landscape governing the energy sector in Québec, including the Act respecting the Régie de l'énergie and the Hydro-Québec Act (the HQA)…more

Canada, Carbon Emissions, Clean Energy, Clean Power Plan, Energy Market

See all updates »

Growing From Here: Alberta Food, Beverage and Agribusiness on Display

The 2022 Growing From Here Summit (GFHS) recently took place in Nisku, Alberta, bringing together agriculture and food businesses, government and stakeholders to learn from experts and champion regional growth in Leduc County…more

Agricultural Sector, Canada, Entrepreneurs, Food Supply, Health Canada

See all updates »

Spring Has Sprung in Alberta With New Agri-Processing Tax Credit

Alberta is launching a new agri-processing tax credit in Spring 2023 to attract new large-scale investment to the sector and expand opportunities for primary producers…more

Agribusiness, Agricultural Sector, Canada, Corporate Taxes, Farms

See all updates »

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

See all updates »

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

See all updates »

Bill 82—Laying the Groundwork for Alberta's Future as a Mineral Producer

Demand for rare earth and critical minerals like lithium, uranium, nickel and vanadium is growing worldwide. Recently, the government of Alberta has taken steps to position the province as a contributor to this emerging global…more

Canada, Mineral Exploration, Mineral Extraction, Mineral Leases, Minerals

See all updates »

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

See all updates »

Ontario Introduces Amendments to Support a Permanent Framework for Target Benefit Pension Plans

On March 26, 2024, the Ontario government published their 2024 Budget, in which it was announced that draft regulations to Ontario’s Pension Benefits Act (PBA) would be introduced for review in the summer of 2024, with the…more

Canada, Employee Benefits, Human Resources Professionals, Pension Benefits Act, Pension Funds

See all updates »

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

See all updates »

Police Amendment Act Proposes Significant Reforms

The first major reform of Alberta's policing act in over 30 years received royal assent on December 15, 2022. When brought into force, the Police Amendment Act, 2022 , among other things, will champion a "policing-by-consent"…more

Canada, First Nations, Law Enforcement, Police, Police Power

See all updates »

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

See all updates »

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

See all updates »

(Real) Estate Earnouts: The Risks and Rewards of Density Bonuses

Valuing a commercial asset is a tricky business.Often, in the eyes of a purchaser, an asset's value is tied in part to the likelihood of future events—a significant customer order, a change in purchasing patterns, a government…more

Canada, Commercial Buildings, Commercial Property Owners, Commercial Real Estate Market, Real Estate Development

See all updates »

The “Modest” Role of Public Corrections in Secondary Market Misrepresentation Claims

The Ontario Court of Appeal recently released its decision in Baldwin v Imperial Metals Corporation, 2021 ONCA 838 [Imperial Metals] and provided additional guidance on the role public correction plays in secondary market…more

Canada, Energy Sector, Misrepresentation, Omissions, Securities

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

The Supreme Court Holds That Securities Disgorgement Orders Survive Bankruptcy

In ruling that a securities regulatory authority's disgorgement orders (a sanction stemming from misconduct) survive a bankruptcy discharge while its administrative penalties do not, the Supreme Court of Canada endorsed the…more

British Columbia Securities Commission, Canada, Disgorgement, Insolvency, Securities

See all updates »

"Small Claims" Get Bigger—Increases to Monetary Limit for Small Claims in Alberta Will Impact Wrongful Dismissal Litigation

In December 2022, the Alberta legislature passed a bill allowing for an increase to the limit on civil claims in the Alberta Court of Justice (formerly, the Provincial Court of Alberta and sometimes referred to as "small claims…more

Canada, Civil Claims, Claim Limitations, Employees, Employer Liability Issues

See all updates »

Top Five Things to Know About Proptech in Canada

We are in the midst of a digital transformation of all aspects of the real estate industry, including development, marketing, transactions, financing and management. The convergence of property and technology, known as…more

Canada, Commercial Real Estate Market, Real Estate Companies, Real Estate Development, Real Estate Market

See all updates »

Grassy Narrows First Nation Challenges Ontario’s Mining Claims Regime

On July 10, 2024, Grassy Narrows First Nation (Grassy Narrows) launched a challenge against Ontario’s Mining Act (the Mining Act), claiming that the system for granting mining claims pursuant to the legislation (the Mining Claim…more

Canada, Mineral Exploration, Mineral Extraction, Mineral Leases, Mining

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

A Landmark Summer for Design Patent Law

The world of intellectual property (IP) underwent some significant transformations this summer, with recent changes from the U.S. Federal Circuit and the Canadian Intellectual Property Office (CIPO) reshaping the landscape of…more

Canada, Innovative Technology, Intellectual Property Litigation, Intellectual Property Protection, Patent Infringement

See all updates »

Fintech in Canada Q2 2024

Canada's Consumer-Driven Banking Act (CDBA) has become law. It was enacted on June 20, 2024, when Bill C-69, the Budget Implementation Act, 2024 received royal assent…more

Banking Sector, Canada, Canadian Securities Administration, Crypto Exchanges, Cryptoassets

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Capital Markets Tribunal Keeps High Bar to Establish Improper Defensive Private Placement

On March 11, 2024, the Ontario Capital Markets Tribunal (Tribunal) released its reasons for dismissing Mithaq Capital Inc.'s (Mithaq) application on December 14, 2023, to cease trade a private placement that Aimia Inc. (Aimia)…more

Board of Directors, Canada, Canadian Securities Administration, Capital Markets, Shareholders

See all updates »

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

See all updates »

TSX Venture Exchange Launches "Sandbox" Initiative for Novel Listing Proposals

On May 13, 2024, the TSX Venture Exchange (TSXV) announced the launch of its "Sandbox" initiative that will aim to provide a formal and transparent forum for the TSXV to consider listing proposals from issuers that do not…more

Board of Directors, Canada, Corporate Financing, Corporate Governance, Initial Public Offering (IPO)

See all updates »

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

See all updates »

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

See all updates »

Alberta Court of King’s Bench Confirms Requirement for Immediate Disclosure of Pierringer Agreements

When only some of the defendants to a lawsuit want to settle, Pierringer agreements can be an attractive solution. However, in a recent decision that adopted principles from Ontario jurisprudence, the Court of King's Bench of…more

Canada, Defense Strategies, Disclosure Requirements, Dispute Resolution, Litigation Strategies

See all updates »

Changes to the Alberta Partnership Act Now in Effect

As of June 1, 2021, Alberta's Partnership Act (the Act) was amended to help reduce red tape attached to several administrative requirements of limited partnerships. These amendments better align the Act with the more streamlined…more

Business Entities, Business Formation, Canada, Choice of Entity, Consumer Protection Laws

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Greater Flexibility for Reporting Issuers: Access Equals Delivery

As an update to our blog post dated April 19, 2022, on January 11, 2024, the Canadian Securities Administration (CSA) published amendments implementing an "Access Equals Delivery" model (AED Model) to generally permit electronic…more

Canada, Canadian Securities Administration, Investment, Investors, Prospectus

See all updates »

BC Hydro 2024 Call to Power—Overview of Draft Documents

On June 15, 2023, the Government of British Columbia announced that BC Hydro would be moving forward with a call for new sources (the Call to Power) of 100 percent clean, renewable emission-free electricity from large-scale…more

Canada, Clean Energy, Energy Projects, Energy Sector, Infrastructure

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

B.C. Court of Appeal Finds that Allegedly Reckless Database Custodians may be Liable for "Wilful Violations" of Privacy Under the Privacy Act

In a pair of decisions released on July 5, 2024, the B.C. Court of Appeal found that an alleged reckless failure to safeguard personal information may be sufficient to make out Privacy Act claims of "wilful violation" of privacy…more

Canada, Cyber Attacks, Cyber Threats, Cybersecurity, Data Collection

See all updates »

Canada's M&A Landscape Q1 2023: Keep Calm and Carry On

The general sentiment for prospective deal making in Canada at the end of Q1 2023 might best be described as restrained optimism, especially in comparison to 2021 and early 2022. Despite continued headwinds from various…more

Acquisitions, Canada, Global Economy, Investment, Investors

See all updates »

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

See all updates »

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

See all updates »

Top Five Things to Know About Proptech in Canada

We are in the midst of a digital transformation of all aspects of the real estate industry, including development, marketing, transactions, financing and management. The convergence of property and technology, known as…more

Canada, Commercial Real Estate Market, Real Estate Companies, Real Estate Development, Real Estate Market

See all updates »

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

See all updates »

After the New Bill C-69: A Plan, a Directive and then What?

In recent months, the Government of Canada took several steps that may alter the regulatory system for natural resource and infrastructure projects, and "clean growth projects" in particular…more

Canada, Clean Energy, Critical Infrastructure Sectors, Energy Sector, Infrastructure

See all updates »

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

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

See all updates »

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

See all updates »

(Real) Estate Earnouts: The Risks and Rewards of Density Bonuses

Valuing a commercial asset is a tricky business.Often, in the eyes of a purchaser, an asset's value is tied in part to the likelihood of future events—a significant customer order, a change in purchasing patterns, a government…more

Canada, Commercial Buildings, Commercial Property Owners, Commercial Real Estate Market, Real Estate Development

See all updates »

Budget 2024 Provides Additional Details for the Clean Electricity ITC and Adds Another ITC for Electric

In Budget 2024, the Government of Canada continued their drive to implement government incentives aimed at decarbonizing the economy through providing further clarification and design details for the Clean Electricity investment…more

Canada, Clean Energy, Clean Tech, Electric Vehicles, Electricity

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 »

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

See all updates »

Defending Against Ransomware: OSFI Updated Advisory on Cyber Incident Reporting

Ransomware continues to present an increasing risk to all organizations. Ransomware attacks can involve the installation of malicious software designed to block access to computer systems and/or steal data, and a corresponding…more

Canada, Cybersecurity, Data Breach, Data Privacy, Data Protection

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

See all updates »

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

See all updates »

SaskPower Establishes Nuclear Subsidiary SaskNuclear

SaskPower has created a nuclear subsidiary called SaskNuclear to advance the province’s small modular reactor (SMR) nuclear project from a business and regulatory standpoint. SaskPower is planning the development of its first…more

Canada, Clean Energy, Energy Projects, Energy Sector, Net Zero

See all updates »

Canada's M&A Landscape Q2 2024: Special Edition on Québec

In this special edition of Bennett Jones' quarterly M&A update, we look at deal activity and the investment climate in Canada with a focus on the Québec market. The second quarter of 2024 and the year so far has been one of…more

Acquisitions, Canada, Energy Sector, Foreign Investment, Interest Rates

See all updates »

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

See all updates »

COVID-19 and Annual Shareholder Meetings

As a result of measures designed to limit the spread of COVID-19, Canadian public companies are reconsidering typical approaches to annual meetings of shareholders. Many public companies are deciding to hold virtual or hybrid…more

Annual Meeting, Canada, Coronavirus/COVID-19, Shareholder Meetings, Shareholders

See all updates »

Stay Here or There? Recent Direction from the Québec Court of Appeal on Stays in Proposed Parallel Class

The Québec Court of Appeal recently released a decision in Micron Technology Inc. c Hazan, 2020 QCCA 1104, that could have important implications for defendants seeking to have proposed class proceedings in Québec courts stayed…more

Canada, First-to-File, Patent Applications, Patent Reform, Patents

See all updates »

Canadian Sustainability Standards Board Announces Proposed Sustainability Disclosure Standards

On March 13, 2024, the Canadian Sustainability Standards Board (CSSB) released exposure drafts of its first two proposed Canadian Sustainability Disclosure Standards (Proposed Standards). The Proposed Standards are based on the…more

Canada, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Industrial Property in Alberta: Considerations for Purchase and Lease

The industrial real estate sectors in Calgary and specifically, Rocky View County, and Edmonton, have experienced a consistent demand for both purchase and lease transactions over the past several years. This is driven by a…more

Canada, Commercial Buildings, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

See all updates »

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

See all updates »

Canadian Sustainability Standards Board Announces Proposed Sustainability Disclosure Standards

On March 13, 2024, the Canadian Sustainability Standards Board (CSSB) released exposure drafts of its first two proposed Canadian Sustainability Disclosure Standards (Proposed Standards). The Proposed Standards are based on the…more

Canada, Corporate Governance, Corporate Social Responsibility, Disclosure Requirements, Environmental Social & Governance (ESG)

See all updates »

Special Committees: Frequently Asked Questions

Special committees have evolved as a key corporate governance mechanism to assist boards of directors in discharging their fiduciary duties. Applicable securities laws mandate the use of special committees in connection with…more

Board of Directors, C-Suite Executives, Canada, Corporate Executive Boards, Corporate Governance

See all updates »

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

See all updates »

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

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 »

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

See all updates »

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

See all updates »

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

See all updates »

'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

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 »

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

See all updates »

CSA Announces Updated Launch Date for SEDAR+

What is SEDAR? The System for Electronic Document Analysis and Retrieval (SEDAR) is the current system used by public companies to file documents under Canadian securities law…more

Canada, Canadian Securities Administration, Capital Markets, Electronically Stored Information, Securities Regulation

See all updates »

Investing in R&D-Stage Healthcare Companies: A Recap of BBHIC 2024

It was another record-breaking year for the annual Bloom Burton & Co. Healthcare Investor Conference (BBHIC) in Toronto. The event brought together premier healthcare companies and investors from Canada and around the world…more

Canada, Healthcare, Investment, Investment Funds, Investors

See all updates »

More Changes to Alberta’s Electricity System Announced, but Uncertainty Remains

At the Independent Power Producers Society of Alberta Annual Conference (IPPSA Conference) this March, the Minister of Affordability and Utilities (the Minister) announced interim measures to address recent electricity market…more

Canada, Energy Market, Energy Policy, Energy Projects, Energy Sector

See all updates »

Ontario Court of Appeal Certifies Class Action Against Sun Life

On September 5, 2018, the Ontario Court of Appeal released its decision in Fehr v. Sun Life Assurance Company of Canada, overturning certain parts of the motion judge’s decision and certifying a class action against Sun Life…more

Appeals, Breach of Contract, Canada, Class Action, Class Certification

See all updates »

British Columbia Introduces the Flipping Tax—What is it and Why Should You be Aware?

What is the Flipping Tax and Why is it Important? The B.C. government announced in its 2024 budget a plan to introduce a tax (the Flipping Tax) on income earned from the sale of a property within 730 days of acquisition. The…more

Canada, House Flipping, Property Tax, Proposed Legislation, Real Estate Professionals

See all updates »

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

See all updates »

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

See all updates »

BC Hydro 2024 Call to Power—Overview of Request for Proposal Documents

On June 15, 2023, the Government of British Columbia announced BC Hydro was proceeding with a call for new sources (the Call to Power) of 100 percent clean, renewable emission-free electricity from large-scale projects, notably…more

Canada, Clean Energy, Electricity, Energy Projects, Hydropower

See all updates »

Attention Mortgage Lenders: The Proceeds Of Crime (Money Laundering) And Terrorist Financing Act May

Non-bank mortgage lending entities would become subject to the anti-money laundering and anti-terrorist financing (AML/ATF) obligations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the PCMLTFA)…more

Anti-Money Laundering, Canada, Consumer Financial Products, Consumer Lenders, Financial Institutions

See all updates »

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

See all updates »

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

See all updates »

SaskPower Establishes Nuclear Subsidiary SaskNuclear

SaskPower has created a nuclear subsidiary called SaskNuclear to advance the province’s small modular reactor (SMR) nuclear project from a business and regulatory standpoint. SaskPower is planning the development of its first…more

Canada, Clean Energy, Energy Projects, Energy Sector, Net Zero

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 »

Dancing the Two-Step to Appeal an Arbitration Award in Alberta

In its recent decision in Quanta Canada Holdings II ULC v Bremar Construction Ltd, 2024 ABKB 317, the Alberta Court of King's Bench (the Court) established a principled framework for considering an application for permission to…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Canada

See all updates »

Enhanced Reportable Transaction Rules Take Effect

With the enactment of Bill C-47 on June 22, 2023, Canada's enhanced mandatory disclosure rules are now fully in effect. These rules, which were first announced in the 2021 Canadian federal budget..…more

Business Taxes, Canada, Canada Revenue Agency (CRA), Corporate Governance, Corporate Taxes

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

It’s Finally Happening—Major New Trademark Law Takes Effect in Canada on June 17, 2019

After five years of uncertainty and speculation, a date has been set for Canada’s drastic new trademark laws to come into force. Five months from today, on June 17, 2019, brand owners and local, national and global companies in…more

Canada, Filing Fees, Intent-to-Use, International Trademark Protection, Madrid Protocol

See all updates »

Court of King's Bench of Alberta Indefinitely Suspends Judicial Dispute Resolution—What’s Next?

The Alberta Rules of Court require parties to an action before the Alberta Court of King’s Bench to participate in some form of alternate dispute resolution process before they can attend trial…more

Arbitration, Arbitrators, Canada, Dispute Resolution, Federal Rules of Civil Procedure

See all updates »

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

See all updates »

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

See all updates »

“Utter Waste of Time”: Alberta Court of Appeal Provides New Guidance on Civil Practice Note 7

Civil Practice Note 7, entitled “Vexatious Application/Proceeding Show Cause Procedure” (CPN 7), is a useful tool to manage hopeless litigation quickly and efficiently. Introduced in 2018, it is a summary procedure under Rule…more

Abuse of Process, Appeals, Canada, Dismissals, Frivolous Lawsuits

See all updates »

Ontario Court of Appeal Case Upholds Closing Payment Direction Against Lender

Borrowers and lenders negotiating payment directions on the closing of loan transactions should take heed of the recent decision of the Ontario Court of Appeal in Kemeny v. Callidus Capital Corporation, 2023 ONCA 76…more

Borrowers, Canada, Consumer Financial Products, Financial Regulatory Reform, Lenders

See all updates »

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

See all updates »

Electrification of Vehicles, Industry, Prompts BC Hydro's First Call for Power in 15 Years

On June 15, 2023, the Government of British Columbia (the Government or Province) announced that BC Hydro would be moving forward with a call for new sources of 100 percent clean, renewable emission-free electricity, notably…more

Canada, Clean Energy, Electric Vehicles, Energy Projects, Energy Sector

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

New Alberta Occupational Health and Safety Laws to Take Force December 1, 2021

On December 1, 2021, sweeping changes to Alberta's current occupational health and safety legislation will come into force. The new laws rectify many of the previous challenges that arose from ambiguous and overly prescriptive…more

Best Practices, Canada, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

SaskPower Establishes Nuclear Subsidiary SaskNuclear

SaskPower has created a nuclear subsidiary called SaskNuclear to advance the province’s small modular reactor (SMR) nuclear project from a business and regulatory standpoint. SaskPower is planning the development of its first…more

Canada, Clean Energy, Energy Projects, Energy Sector, Net Zero

See all updates »

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

See all updates »

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

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 »

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 »

Submitting an Incident Response Report to a Regulator? Consider Privilege Waived

A recent decision out of the Alberta Court of Appeal found that as soon as a company handed over their investigative reports to regulators in connection with a pipeline incident, privilege over the reports was lost…more

Canada, Energy Projects, Energy Sector, Litigation Privilege, Oil & Gas

See all updates »

Navigating Water Scarcity: Legal Implications and Impact on Alberta's Industries

The Alberta government has identified, and is taking proactive steps to address, the looming threat of a severe drought this year. As negotiations unfold to secure water-sharing agreements, a cascade of legal and economic…more

Canada, Drought, Groundwater, Water, Water Conservation

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 »

Miners Beware: Regulators Read Your Investor Presentations

On April 9, 2015, the Canadian Securities Administrators (CSA) published CSA Staff Notice 43-309 - Review of Website Investor Presentations by Mining Issuers (the Staff Notice), which summarizes the findings of a review of 130…more

Canada, Canadian Securities Administration, Material Disclosures, Mining, Public Disclosure

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 »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Government of Alberta Proposes Substantial Changes to Municipal Elections and Governance

On April 25, 2024, the Government of Alberta tabled Bill 20, the Municipal Affairs Statutes Amendment Act. The bill proposes changes to two pieces of legislation concerning municipal elections and governance: the Municipal…more

Campaign Finance Reform, Canada, Election Laws, Local Elections, Municipalities

See all updates »

Arbitration Angle - 2023 Edition - Reflecting On A Year Of Decisions And Looking Ahead

UN Member States Adopt Code of Conduct for Arbitrators in Investor-State Disputes - At its 56th annual session held in Vienna in July 2023, the United Nations Commission on International Trade Law (UNCITRAL) formally…more

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Alberta Court Articulates Important Exceptions to the Kompetenz-Kompetenz Principle and the Scope of Arbitration Clauses

A recent decision of the Alberta Court of King’s Bench in Orica Canada Inc v ARVOS GmbH, 2024 ABKB 97 [Orica] has attracted considerable attention among members of the arbitration bar. In it, the Court of King’s Bench addressed…more

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

See all updates »

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

See all updates »

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

See all updates »

Ontario's Dismissal for Delay Regime the Year in Review

Early 2022 decisions interpreting Ontario’s new mandatory dismissal for delay regime were glad tidings for defendants, suggesting the regime would be strictly applied. However, over the course of 2022, the pendulum swung in the…more

Canada, Class Action, Delay Claims, Dismissals, Law Firm Associates

See all updates »

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

See all updates »

Canada Border Services Agency Publishes Update of Trade Verification Priorities—July 2023

The Canada Border Services Agency (CBSA) has released an updated list of trade compliance verification priorities for 2023. The CBSA periodically sets verification priorities which reflect its evaluation of the risk of…more

Canada, CBSA, Cross-Border Transactions, International Trade, Tariff Classifications

See all updates »

Routes to the Public Markets in Canada: IPO, SPAC, CPC or RTO

Much has been written about when a business should go public and the considerations that inform that choice. Assuming the decision to go public has been made, second in importance to that determination is how a private company…more

Canada, Capital Markets, Initial Public Offering (IPO), Publicly-Traded Companies, Reverse Mergers

See all updates »

Prompt Payment Update—Alberta's Court of King's Bench Concludes Adjudicator Decisions under the PPCLA

In 2022, amendments to the Prompt Payment and Construction Lien Act (PPCLA) introduced a prompt payment and related fast-track adjudication process. Recently, in Welcome Homes Construction Inc v Atlas Granite Inc, the Alberta's…more

Canada, Construction Contracts, Construction Industry, Construction Liens, General Contractors

See all updates »

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

See all updates »

Six Ways An Organization Can Benefit from an Internal Generative AI Use Policy

Generative Artificial Intelligence (GenAI) tools can be incredibly beneficial for businesses, enhancing productivity by streamlining administrative tasks, reducing redundancy, automating processes and improving data analysis…more

Algorithms, Artificial Intelligence, Canada, Cybersecurity, Data Protection

See all updates »

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

See all updates »

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

See all updates »

[Webinar] AI Insights: Foundations - April 23rd, 10:00 am - 1:00 pm MT

Our goal is to cut through the hype and noise, while zeroing in on how AI and its evolving regulation will impact your business, your competitors and the markets in which you operate…more

Artificial Intelligence, Board Members, Business Operations, Business Opportunities, Business Strategies

See all updates »

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

See all updates »

Industrial Property in Alberta: Considerations for Purchase and Lease

The industrial real estate sectors in Calgary and specifically, Rocky View County, and Edmonton, have experienced a consistent demand for both purchase and lease transactions over the past several years. This is driven by a…more

Canada, Commercial Buildings, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

See all updates »

Review Debt Covenants Before Relying on Proposed CSA COVID-19 Financial Reporting Relief

On March 18, 2020, the Canadian securities administrators (CSA) indicated that they will be providing blanket relief granting a 45-day extension for periodic filings normally required to be made on or before June 1, 2020, by…more

Canada, Canadian Securities Administration, Coronavirus/COVID-19, Filing Deadlines, Filing Requirements

See all updates »

Prompt Payment Update—Alberta's Court of King's Bench Concludes Adjudicator Decisions under the PPCLA

In 2022, amendments to the Prompt Payment and Construction Lien Act (PPCLA) introduced a prompt payment and related fast-track adjudication process. Recently, in Welcome Homes Construction Inc v Atlas Granite Inc, the Alberta's…more

Canada, Construction Contracts, Construction Industry, Construction Liens, General Contractors

See all updates »

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

See all updates »

Cybersecurity: 2017 Report & 2016 Reflections - What Businesses and Boards Need to Know

In 2016, cybersecurity continued to grow as a primary business risk for companies worldwide. Data breaches continued to escalate both in number and magnitude and the landscape of legal and regulatory liability evolved and…more

Ashley Madison, Bitcoin, Breach Notification Rule, Canada, Class Action

See all updates »

Alberta Court of King’s Bench Confirms Requirement for Immediate Disclosure of Pierringer Agreements

When only some of the defendants to a lawsuit want to settle, Pierringer agreements can be an attractive solution. However, in a recent decision that adopted principles from Ontario jurisprudence, the Court of King's Bench of…more

Canada, Defense Strategies, Disclosure Requirements, Dispute Resolution, Litigation Strategies

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

First Nations Power Authority and SaskPower 100 MW Solar Project—Timelines and Mandatory Criteria for Proponents

On August 1, 2024, the First Nations Power Authority (FNPA) issued a Request for Supplier Qualifications (RFSQ) for the right to develop a 100 MW Solar Project to be located in South Central Saskatchewan (Project)…more

Canada, Energy Market, Energy Projects, Energy Sector, First Nations

See all updates »

Ontario iGaming: New Amendments that Restrict Advertising and Marketing Activities

On August 29, 2023, the Alcohol and Gaming Commission of Ontario (AGCO) announced amendments to its Standards for Internet Gaming (Standards) and released further guidance on its implementation on February 8, 2024. These…more

Advertising to Minors, Canada, Celebrities, Celebrity Endorsements, Endorsements

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Electric Contracts for Electric Vehicles: The Key Considerations

​​​​​​​Approximately 24 percent of Canada's greenhouse gas emissions come from the transportation sector. Legislation and regulations are being used to address these emissions by bringing in mandatory requirements…more

Automotive Industry, Canada, Charging Stations, Electric Vehicles, Green Finance

See all updates »

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

See all updates »

TSX Provides Guidance on Voting Agreements

On February 27, 2023, the Toronto Stock Exchange (TSX) published Staff Notice 2023-0001 (the Notice), providing guidance on how TSX addresses voting agreements entered into between a TSX listed issuer and one or more of its…more

Canada, Canadian Securities Administration, Capital Markets, Ontario Securities Commission (OSC), Toronto Stock Exchange

See all updates »

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

See all updates »

Canada Seeks Business Input on CUSMA Ahead of 2026 Joint Review

On August 17, 2024, the Government of Canada initiated a public consultation on the operation of the Canada–United States–Mexico Agreement (CUSMA or the Agreement). The Government is seeking views on what is working well with…more

Canada, Cross-Border Transactions, CUSMA, Imports, NAFTA

See all updates »

Pest Management Regulatory Authority is Seeking Stakeholder Input

Draft Guidance and a Draft Section 66 Agreement Regarding Data Compensation in the Context of Re-Evaluations and Special Reviews - On September 10, 2024, Health Canada's Pest Management Regulatory Authority (PMRA) published…more

Agricultural Sector, Canada, Farm Workers, Farmers, Farms

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

See all updates »

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

See all updates »

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

See all updates »

CBSA Clarifies Documentary Requirements to Establish that Imported Goods Are Not Produced with Forced Labour

On January 20, 2022, the Canada Border Services Agency (CBSA) updated its policy document, Memorandum D9-1-6, titled Goods manufactured or produced wholly or in part by prison labour (the D-Memo), to provide guidance to…more

Canada, Cross-Border Transactions, Forced Labor, Imports, NAFTA

See all updates »

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

See all updates »

Canada's Crack-down on Sanctions Evasion

On June 20, 2024, Bill C-59, the Fall Economic Statement Implementation Act received royal assent. Division 8 of this legislation introduced various amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing…more

Anti-Money Laundering, Canada, Economic Sanctions, Exports, Importers

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Developments in General Causation Methodologies for Class Certification

In product liability class actions, general causation (i.e., a product's propensity to cause alleged injuries) is often a threshold issue to establish liability (if general causation cannot be established, no class member's…more

Canada, Causation, Class Action, Liability, Product Defects

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

SaskPower Establishes Nuclear Subsidiary SaskNuclear

SaskPower has created a nuclear subsidiary called SaskNuclear to advance the province’s small modular reactor (SMR) nuclear project from a business and regulatory standpoint. SaskPower is planning the development of its first…more

Canada, Clean Energy, Energy Projects, Energy Sector, Net Zero

See all updates »

Bill 149 Receives Royal Assent—New and Upcoming Legislative Changes for Ontario Employers

On March 21, 2024 Bill 149, Working for Workers Four Act, 2023 (Bill 149) received Royal Assent. As discussed in our initial blog, More Legislative Changes on the Horizon for Ontario Employers, late last year when the…more

Canada, Disclosure Requirements, Employee Definition, Employees, Employer Liability Issues

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

B.C. Accelerating Zero Emission Vehicle Sales Mandate

Passed on May 30, 2019, the British Columbia Zero-Emission Vehicles Act requires automakers, and indirectly their dealers, to sell or lease an escalating percentage of new zero emission vehicles (ZEVs) vs. new internal…more

Automotive Industry, Canada, Car Dealerships, Electric Vehicles, Manufacturers

See all updates »

Wage-Fixing and No-Poaching Agreements Illegal on June 23, 2023

Competition Bureau Publishes Related Enforcement Guidelines Canada's new criminal prohibition on wage-fixing and no-poaching agreements will come into force on June 23, 2023. These new provisions under subsection 45(1.1) of the…more

Canada, Competition, Competition Act, Employee Mobility, Employees

See all updates »

Investing in R&D-Stage Healthcare Companies: A Recap of BBHIC 2024

It was another record-breaking year for the annual Bloom Burton & Co. Healthcare Investor Conference (BBHIC) in Toronto. The event brought together premier healthcare companies and investors from Canada and around the world…more

Canada, Healthcare, Investment, Investment Funds, Investors

See all updates »

Modernising Québec's Energy Sector: An Overview of Bill 69

The Québec government is proposing to bring many changes to the legislative and regulatory landscape governing the energy sector in Québec, including the Act respecting the Régie de l'énergie and the Hydro-Québec Act (the HQA)…more

Canada, Carbon Emissions, Clean Energy, Clean Power Plan, Energy Market

See all updates »

B.C. Supreme Court Confirms that British Columbia's No-Costs Rule Does Not Apply to Pre-Certification

British Columbia is often referred to as a "no costs" jurisdiction for class proceedings because section 37 of the B.C. Class Proceedings Act creates a presumptive no-costs regime in British Columbia for certification…more

British Columbia Supreme Court, Canada, Law Firm Associates, Law Firm Partners, Young Lawyers

See all updates »

The Supreme Court Holds That Securities Disgorgement Orders Survive Bankruptcy

In ruling that a securities regulatory authority's disgorgement orders (a sanction stemming from misconduct) survive a bankruptcy discharge while its administrative penalties do not, the Supreme Court of Canada endorsed the…more

British Columbia Securities Commission, Canada, Disgorgement, Insolvency, Securities

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

New Guidance on Ontario's Disconnect from Work Policy and Ban on Non-Competes

As we discussed in our previous blog, Ontario Bill 27: Working for Workers Act, 2021 is Now the Law, the Ontario government amended the Employment Standards Act, 2000 (the ESA) on December 2, 2021 to include a prohibition on…more

Canada, Confidential Information, Corporate Counsel, Employer Liability Issues, Employment Contract

See all updates »

First Nations Power Authority and SaskPower 100 MW Solar Project—Timelines and Mandatory Criteria for Proponents

On August 1, 2024, the First Nations Power Authority (FNPA) issued a Request for Supplier Qualifications (RFSQ) for the right to develop a 100 MW Solar Project to be located in South Central Saskatchewan (Project)…more

Canada, Energy Market, Energy Projects, Energy Sector, First Nations

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

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

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

Breach of Contract, Business Interruption, Business Litigation, Canada, Commercial Contracts

See all updates »

Superior Court of Quebec Warns of the Risks of Making Settlement Approval Contingent on Approval of Class Counsel Fees

In Walid c. Compagnie Nationale Royal Air Maroc, 2024 QCCS 2674, the Superior Court of Quebec refused to approve a settlement agreement because Class Counsel’s fees were unreasonable and excessive, even though the settlement was…more

Attorney's Fees, Canada, Class Action, Contingency Fees, Litigation Fees & Costs

See all updates »

But It’s "Just" An Option! Option Risks And The Tale Of Horn v. Xylem

We all take real property purchase agreements seriously. We read only the title and we know that a transaction is likely to occur, perhaps a significant one. We can also reasonably expect that there will be a property, a price,…more

Canada, Commercial Buildings, Commercial Leases, Commercial Property Owners, Commercial Real Estate Market

See all updates »

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

See all updates »

Government of Ontario Proposes Amendments to Payday Loans Act

Providers of payday loans in Ontario, take notice—the Government of Ontario is seeking input on the implementation of new regulations intended to strengthen consumer protection which will have wide-ranging impacts on the…more

Canada, Consumer Lenders, New Regulations, Payday Loans

See all updates »

A Guide to Navigating the Complexities of GenAI in Investment

In today's rapidly evolving technological landscape, the emergence of generative artificial intelligence (GenAI) presents both opportunities and challenges for investors, founders and companies alike. With GenAI generating new…more

Artificial Intelligence, Canada, Environmental Social & Governance (ESG), Innovative Technology, Legislative Agendas

See all updates »

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

See all updates »

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

See all updates »

Canada's M&A Landscape Q2 2024: Special Edition on Québec

In this special edition of Bennett Jones' quarterly M&A update, we look at deal activity and the investment climate in Canada with a focus on the Québec market. The second quarter of 2024 and the year so far has been one of…more

Acquisitions, Canada, Energy Sector, Foreign Investment, Interest Rates

See all updates »

Tenants Beware: The Risks of Landlord Tax Liabilities

A recent ruling from the Tax Court of Canada underscores the significance of tenants verifying their landlords' residency status in adhering to any obligations to withhold taxes in accordance with Part XIII of the Income Tax Act…more

Canada, Commercial Leases, Commercial Tenants, Landlords, Property Tax

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

Rule Changes In England and Wales Help Combat Fraud—Should Canada Follow?

The United Kingdom’s Civil Procedure Rule Committee recently approved methods of extra-jurisdictional service of Norwich-type information orders that could make it easier to pursue cross-border economic crime disputes in England…more

Banks, Canada, Customer Information, Fraud, Information Management

See all updates »

Arbitration Angle - 2023 Edition - Reflecting On A Year Of Decisions And Looking Ahead

UN Member States Adopt Code of Conduct for Arbitrators in Investor-State Disputes - At its 56th annual session held in Vienna in July 2023, the United Nations Commission on International Trade Law (UNCITRAL) formally…more

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

See all updates »

Why Family Enterprises Need to Develop an Ownership Strategy

Developing an ownership strategy within a family enterprise has many dimensions. Formal strategies provide structure, help overcome challenges and address complications that can arise when future generations take over…more

Canada, Corporate Governance, Corporate Structures, Family Businesses, Family Members

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

See all updates »

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

See all updates »

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

See all updates »

Canada's M&A Landscape Q2 2024: Special Edition on Québec

In this special edition of Bennett Jones' quarterly M&A update, we look at deal activity and the investment climate in Canada with a focus on the Québec market. The second quarter of 2024 and the year so far has been one of…more

Acquisitions, Canada, Energy Sector, Foreign Investment, Interest Rates

See all updates »

TSX Provides Guidance on Voting Agreements

On February 27, 2023, the Toronto Stock Exchange (TSX) published Staff Notice 2023-0001 (the Notice), providing guidance on how TSX addresses voting agreements entered into between a TSX listed issuer and one or more of its…more

Canada, Canadian Securities Administration, Capital Markets, Ontario Securities Commission (OSC), Toronto Stock Exchange

See all updates »

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

See all updates »

Stay Off the Slippery and Precarious Slope when Time is of the Essence

"Better three hours too soon than a minute too late" wrote William Shakespeare in The Merry Wives of Windsor—a line that would have fit well in the judgement of the Ontario Court of Appeal in its recent decision in 3 Gill Homes…more

Canada, Contract Terms, Real Estate Companies, Real Estate Transactions, Residential Real Estate Contracts

See all updates »

Canada's M&A Landscape and Deal Making Trends: Q1 2024

United States and global M&A rebounded in the first quarter of 2024, powered by the return of mega deals worth US$10 billion or more. According to Bloomberg, global deal values are up about 21 percent year-on-year to more than…more

Acquisition Agreements, Acquisitions, Artificial Intelligence, Canada, Investors

See all updates »

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

See all updates »

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

See all updates »

"Small Claims" Get Bigger—Increases to Monetary Limit for Small Claims in Alberta Will Impact Wrongful Dismissal Litigation

In December 2022, the Alberta legislature passed a bill allowing for an increase to the limit on civil claims in the Alberta Court of Justice (formerly, the Provincial Court of Alberta and sometimes referred to as "small claims…more

Canada, Civil Claims, Claim Limitations, Employees, Employer Liability Issues

See all updates »

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

See all updates »

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

See all updates »

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

See all updates »

New Alberta Occupational Health and Safety Laws to Take Force December 1, 2021

On December 1, 2021, sweeping changes to Alberta's current occupational health and safety legislation will come into force. The new laws rectify many of the previous challenges that arose from ambiguous and overly prescriptive…more

Best Practices, Canada, Coronavirus/COVID-19, Emergency Management Plans, Employer Liability Issues

See all updates »

Dancing the Two-Step to Appeal an Arbitration Award in Alberta

In its recent decision in Quanta Canada Holdings II ULC v Bremar Construction Ltd, 2024 ABKB 317, the Alberta Court of King's Bench (the Court) established a principled framework for considering an application for permission to…more

Arbitration, Arbitration Agreements, Arbitration Awards, Arbitrators, Canada

See all updates »

Canadian Hydrogen Convention 2024—Key Themes and Takeaways

Approximately 8,000 delegates (including energy executives, government officials and Indigenous leaders from Canada and around the world) attended the third annual Canadian Hydrogen Convention (CHC) which ran April 23 to 25 in…more

Canada, Clean Energy, Climate Change, Energy Projects, Energy Sector

See all updates »

The Supreme Court Holds That Securities Disgorgement Orders Survive Bankruptcy

In ruling that a securities regulatory authority's disgorgement orders (a sanction stemming from misconduct) survive a bankruptcy discharge while its administrative penalties do not, the Supreme Court of Canada endorsed the…more

British Columbia Securities Commission, Canada, Disgorgement, Insolvency, Securities

See all updates »

British Columbia Introduces the Flipping Tax—What is it and Why Should You be Aware?

What is the Flipping Tax and Why is it Important? The B.C. government announced in its 2024 budget a plan to introduce a tax (the Flipping Tax) on income earned from the sale of a property within 730 days of acquisition. The…more

Canada, House Flipping, Property Tax, Proposed Legislation, Real Estate Professionals

See all updates »

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

See all updates »

Greater Flexibility for Reporting Issuers: Access Equals Delivery

As an update to our blog post dated April 19, 2022, on January 11, 2024, the Canadian Securities Administration (CSA) published amendments implementing an "Access Equals Delivery" model (AED Model) to generally permit electronic…more

Canada, Canadian Securities Administration, Investment, Investors, Prospectus

See all updates »

Canada's M&A Landscape Q2 2024: Special Edition on Québec

In this special edition of Bennett Jones' quarterly M&A update, we look at deal activity and the investment climate in Canada with a focus on the Québec market. The second quarter of 2024 and the year so far has been one of…more

Acquisitions, Canada, Energy Sector, Foreign Investment, Interest Rates

See all updates »

Canada Border Services Agency Publishes Update of Trade Verification Priorities

The Canada Border Services Agency (CBSA) has released an updated list of trade compliance verification priorities effective July 2024. The CBSA periodically sets verification priorities which reflect its evaluation of the risk…more

Canada, CBSA, Cross-Border Transactions, Customs and Border Protection, Free Trade Agreements

See all updates »

Fintech in Canada Q2 2023: Navigating Industry Shifts and Legal Challenges

Welcome to Bennett Jones' quarterly Fintech in Canada update, where our fintech lawyers address timely issues shaping the industry. We look at what industry participants need to know in the areas of financial regulation,…more

Artificial Intelligence, Banking Sector, Canada, Cryptoassets, Decentralized Finance (DeFi)

See all updates »

Government of Canada Extends Mineral Exploration Tax Credit for Investors in Flow-Through Shares

On March 28, 2024, the federal government announced, amid market uncertainty, that it would be extending the 15 percent Mineral Exploration Tax Credit (METC) for investors in flow-through shares for one additional year, until…more

Canada, Mineral Exploration, Mineral Extraction, Minerals, Mining