Bennett Jones LLP

4500 Bankers Hall East 855 2nd Street SW
Calgary, Alberta T2P 4K7 , Canada

Contact: Jon Holden, Manager, Marketing Communications

  • 403.298.3100
  • 403.265.7219

Updating IT and BYOD Policies to Reflect CASL Software Notification Requirements

On January 15, 2015, the software provisions in Canada’s Anti-Spam Legislation (CASL) will come into force, creating significant prohibitions and requiring consent to, among other things, install software, change device…more
| Commercial Law & Contracts, Labor & Employment Law, Privacy, Consumer Protection, Science, Computers, & Technology

Dispute Over Landscaping Repairs Results in Personal Penalties against Condo Directors and a Fascinating Governance War Story

Court decisions holding corporate directors personally liable for acting in bad faith tend to be few and far between in Canadian jurisprudence. The recent Ontario Court of Appeal decision in Boily et al v Carleton Condominium…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts, Real Estate - Residential

Saskatchewan Prime Contractor Regulations Coming into Force January 1, 2015

On January 1, 2015, The Occupational Health and Safety (Prime Contractor) Regulations will come into force in Saskatchewan (the Prime Contractor Regulations). If you are doing business in Saskatchewan, you should consider…more
| Commercial Law & Contracts, Construction Law, Labor & Employment Law, Energy & Utilities, Environmental Law

ISS Announces 2015 Canadian Proxy Voting Guideline Updates

Institutional Shareholder Services (ISS) released updates to its Canadian proxy voting guidelines for the upcoming 2015 proxy season. The ISS updates will apply to shareholder meetings of publicly traded Canadian companies…more
| Commercial Law & Contracts, Securities Law

Who is the Inventor?

Enthusiastic entrepreneurs consult with patent agents about the protection of their new product. Often a successful team for an entrepreneurial business includes someone with technical skills, someone with marketing skills,…more
| Civil Procedure, Commercial Law & Contracts, Intellectual Property

Employment Income not Substantively Connected to a Reserve is Taxable

In Baldwin et al v the Queen, 2014 TCC 284, the Tax Court of Canada had an opportunity to consider section 87 of the Indian Act and when employment income is “situated on a reserve” for tax purposes…more
| Civil Procedure, Labor & Employment Law, Indigenous Peoples, Taxation

Disputants Await Clarification of Mediation Privilege’s Boundaries

Today, Canadians are mediating their disputes in record numbers. One partial explanation for this phenomenon is that mediation purports to keep discussions between parties confidential, traditionally backstopped by settlement…more
| Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, Privacy

BEPS Tail Shouldn’t Wag Global Investment Dog

I spoke recently on a panel in Tokyo on the future of international tax planning after BEPS (the OECD’s & G20’s Action Plan to counter Base Erosion & Profit Shifting). The panel also featured a senior official at the OECD and…more
| Commercial Law & Contracts, Finance & Banking, International Law & Trade, Taxation

Alberta Securities Commission Applies to SCC for Leave to Appeal Insider Trading Decision in Walton

The Alberta Securities Commission (ASC) has applied to the Supreme Court of Canada for leave to appeal the August 2014 decision of the Alberta Court of Appeal (Court) in Walton v Alberta (Securities Commission), 2014 ABCA 723 –…more
| Administrative Law, Business Torts, Civil Procedure, Civil Remedies, Securities Law

New Good-Faith Duty of Honesty in Contractual Performance Recognized by Supreme Court of Canada

A new duty of honest performance has been imposed on all Canadian contracts by the Supreme Court of Canada. The notion of a general and independent doctrine of good faith performance of contracts has historically been resisted…more
| Commercial Law & Contracts

Legal Privilege

Privilege provides special protection that exempts certain documents and other forms of communication from having to be disclosed in legal proceedings. Its protection is powerful, but it can be easily lost if the privileged…more
| Civil Procedure

CRTC Provides Guidance on CASL Software Provisions – But Some Uncertainty Remains

From November 10 to 12, 2014, the CRTC provided its interpretation of the software provisions in Canada’s anti-spam law (CASL) in several presentations to industry. The CRTC also posted a specific FAQ about their interpretation…more
| Commercial Law & Contracts, Communications & Media Law, Consumer Protection, Privacy, Science, Computers, & Technology

Inconsistency in Canada’s Anti-Spam Law – When is “Java Scripts” not “JavaScript”?

Canada’s anti-spam law (CASL) is complex and ambiguous, and can result in substantial liability (e.g., a maximum $1,000,000 fine for individuals and $10,000,000 for organizations). Accordingly, many organizations have struggled…more
| Communications & Media Law, Consumer Protection, Science, Computers, & Technology

Proving An Operator’s Gross Negligence: Is Intention Required?

Establishing an operator’s gross negligence requires “a degree of intentionality”, the Alberta Court of Queen’s Bench recently held in Bernum Petroleum Ltd v Birch Lake Energy Inc, 2014 ABQB 652 [Bernum]…more
| Civil Procedure, Commercial Law & Contracts, Energy & Utilities, Environmental Law, Personal Injury

BC Greenhouse Gas Industrial Reporting and Control Act Passes Second Reading

On October 20, 2014, the Greenhouse Gas Industrial Reporting and Control Act (Bill 2) (hereinafter the Bill) was introduced, and on October 29, 2014, the Bill passed second reading in the British Columbia Legislative Assembly…more
| Commercial Law & Contracts, Energy & Utilities, Environmental Law
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Areas of Practice
  • Agriculture
  • Alternative Dispute Resolution (ADR)
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Number of Attorneys

100+ Attorneys

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