Bennett Jones LLP

CBSA CLVS Seizure Policy Targets Exporters and Ups the Ante on Non-Resident Importers

Background to the Courier Low Value Shipment (CLVS) Program - When goods are purchased through e-commerce or mail order, conventionally Canadian consumers or non-resident importers (i.e., the exporters in most cases)…more
| Commercial Law & Contracts, International Law & Trade, Taxation

Certification Denied: Product Liability Cases are not “Quintessential” Class Actions

Certification was denied in a recent proposed multiple-model product liability class action before the Ontario Superior Court of Justice in O’Brien v Bard Canada Inc. We acted for the defendants…more
| Civil Procedure, Products Liability

Alberta Court of Appeal Affirms Sanctity of Solicitor-Client Privilege under FOIPPA

In University of Calgary v JR, 2015 ABCA 118, the Alberta Court of Appeal strongly affirmed the central importance of solicitor-client privilege to the proper functioning of the legal system. At issue was whether the Freedom of…more
| Administrative Law, Civil Procedure, Education, Privacy

Canadian Securities Administrators Publish Comment Letters on Proposed National Policy 25-201 Guidance for Proxy Advisory Firms

On April 24, 2014, the Canadian Securities Administrators (CSA) published for comment proposed National Policy 25-201 Guidance for Proxy Advisory Firms. Issuers, law firms and other market participants submitted comment letters…more
| Business Organizations, Finance & Banking, Securities Law

Theratechnologies Inc. v. 121851 Canada Inc.: The Supreme Court Gives the Leave Test Teeth

For the first time, the Supreme Court of Canada has weighed in on the threshold for granting leave for plaintiffs to commence statutory causes of action for secondary market misrepresentation cases. In contrast to recent…more
| Civil Procedure, Finance & Banking, Business Torts, Securities Law

Election Act 101 for Apartment and Condominium Owners and Managers

Alberta’s provincial election is fast approaching and that can only mean two things: bright-eyed candidates door-knocking across the province, and an increasing number of calls to our office from landlords and property managers…more
| Elections & Politics, Real Estate - Residential

Conflicting Decisions on Whether Parallel Class Actions Constitute An Abuse of Process

Two recent decisions of the Nova Scotia Court of Appeal and the Court of Queen’s Bench of Alberta have come to opposite conclusions regarding whether it is an abuse of process to file the same class proceeding in multiple…more
| Civil Procedure

Duty to Consult Not Triggered for Exploration Dispositions: Saskatchewan Court of Appeal

The grant of exploration dispositions for oil sands located beneath treaty lands did not trigger the Crown’s duty to consult, the Saskatchewan Court of Appeal held recently in Buffalo River Dene Nation v Ministry of Energy and…more
| Civil Procedure, Energy & Utilities, Zoning, Planning & Land Use, Indigenous Peoples, Real Estate - Residential

Ontario Unveils Plan to Join Greenhouse Gas Emissions Cap-and-Trade System

On the eve of a provincial premiers summit on climate change, the Ontario Government has announced it is joining with Quebec and California in a greenhouse gas ("GHG") cap-and-trade system. Ontario, Quebec and California are…more
| Environmental Law, Zoning, Planning & Land Use, International Law & Trade

Give and Take: Canadian Securities Regulators Ease Disclosure Burdens on Venture Issuers but Enhance Audit Committee Member Requirements

On April 9, 2015, the Canadian Securities Administrators announced amendments to the continuous disclosure and governance obligations of venture issuers in three national instruments: National Instruments 51-102 Continuous…more
| Administrative Law, Business Organizations, Energy & Utilities, Mergers & Acquisitions, Securities Law

The CSA Announces Proposed Amendments to the Take-Over Bid Regime

On March 31, 2015, the Canadian Securities Administrators (CSA) announced the publication of proposed amendments to the Canadian take-over bid rules…more
| Business Organizations, Mergers & Acquisitions, Securities Law

Uncharted Territory: Individual Settlements in Certified Class Actions

Despite the passage of more than 20 years since the enactment of Ontario’s Class Proceedings Act, 1992, there is limited jurisprudence on post-certification procedures. In his recent decision in Lundy v Via Rail Canada Inc,…more
| Civil Procedure, Civil Remedies, Personal Injury, Business Torts

BC Court of Appeal Overturns Ruling that BC Government Liable to Logging Company for Failure to Consult

In Moulton Contracting Ltd. v British Columbia, 2015 BCCA 89, the BC Court of Appeal recently overturned the trial judge’s decision (reported at 2013 BCSC 2348, and summarized in an earlier update here) which had awarded $1.75…more
| Civil Procedure, Business Torts, Zoning, Planning & Land Use, Indigenous Peoples, Government Contracting

BC Supreme Court to Consider Cumulative Impacts of Resource Development on Treaty Rights

On March 3, 2015, Blueberry River First Nation (“BRFN”) sued the Province of BC seeking to break new ground by considering the cumulative impacts of resource development on BRFN’s traditional territory and treaty rights. Members…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Indigenous Peoples

Inconsistent Administrative Tribunal Decisions: The Alberta Court of Appeal Weighs In

Conflicting interpretations of the same statute by an administrative tribunal are unlikely to be reasonable, let alone correct, the Alberta Court of Appeal recently held in Altus Group Limited v Calgary (City), 2015 ABCA 86…more
| Administrative Law, Civil Procedure
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Contact

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

Contact: Jon Holden, Director, Marketing Communications & Social Media

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Areas of Practice
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Other U.S. Locations
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Number of Attorneys

100+ Attorneys

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