Bennett Jones LLP

No More Tears (Enough is Enough)… Ending the Debate About Unlawful Means in Conspiracy Torts

It was 1983. The Police’s Every Breath You Take was top of the charts. Return of the Jedi was tearing up the box office. And the Supreme Court of Canada released that seminal case seared into every competition litigator’s brain,…more
| Antitrust & Trade Regulation, Business Torts, Civil Procedure, Civil Remedies, Commercial Law & Contracts

Do You Have a Permit for that Drone?

In our last post we talked about some of the key things to consider before flying a drone over a real estate or construction site. Even with these general considerations in mind, however, the fear of fines under the complex…more
| Administrative Law, Science, Computers, & Technology, Transportation

Conflicting Defence Evidence Not Sufficient to Deny Class Certification

The Divisonal Court’s recent decision in Dine v Biomet Inc, 2016 ONSC 4039 will be of particular interest to members of the class action bar in Ontario, as it will have implications for evidence led on certification motions…more
| Civil Procedure, Health, Products Liability, Science, Computers, & Technology

Ontario Takes Action on Pension Funding Reform

In November of last year, as part of its 2015 Economic Outlook and Fiscal Review, the Ontario government announced its plans to review the current solvency funding rules for defined benefit (DB) pension plans. The expedited…more
| Finance & Banking, Labor & Employment Law

Second Trump University Class Action Proceeding to Trial

Class action trials, a rarity in Canada, are now set to proceed in two separate U.S. District Court cases involving U.S. Presidential candidate Donald Trump and “Trump University”. In a decision released this week, Judge Gonzalo…more
| Civil Procedure, Civil Remedies, Communications & Media Law

Federal Court of Appeal: Government Failed to Adequately Consult with First Nations on Northern Gateway

On June 23, 2016, the Federal Court of Appeal delivered the Northern Gateway Project another procedural setback in its decision on Gitxaala Nation v Canada (2016 FCA 187). In a 2-to-1 split decision, the court overturned the…more
| Administrative Law, Civil Procedure, Energy & Utilities, Environmental Law, Indigenous Peoples

Tax Court Allows Deduction for Advisory Fees in M&A Transaction

The Tax Court of Canada has recognized in a recent case that “oversight expenses” – notably investment banking and other professional advisory fees for services rendered to boards of directors in their discharge of oversight…more
| Business Organizations, Mergers & Acquisitions, Taxation

Simply the Pest Management Regulatory Agency… and its Duty to Initiate Special Reviews

In Environmental Interest Groups Challenge Registrations of Neonicotinoid Products in Federal Court, we discussed a recent judicial review initiated by the David Suzuki Foundation and others with respect to conditional…more
| Administrative Law, Civil Procedure, Environmental Law

Transfer of Operatorship of Oil and Gas Assets Upon Insolvency

Operating agreements for oil and gas assets typically contemplate the immediate replacement of the operator by another working interest owner in the event of the operator’s insolvency. However, these provisions often become…more
| Bankruptcy, Business Organizations, Commercial Law & Contracts, Energy & Utilities

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

The recent Master’s decision in Chandos Construction Ltd v Twin Peaks Construction Ltd, 2016 ABQB 296 determined an issue under the Builders’ Lien Act (Alberta) (BLA) which, surprisingly, had never been specifically addressed by…more
| Commercial Law & Contracts, Construction Law, Real Estate - Commercial, Real Estate - Residential

Have a Contract in Canada? Your Class Action Risk is Greater Than You May Think

Non-Canadian companies: welcome to the Canadian class action party. In recent years, Canadians have increasingly begun to recognize and actively manage the major business risk posed by class actions, as more and more businesses…more
| Civil Procedure, Commercial Law & Contracts, International Law & Trade

Federally Regulated Employers Need Just Cause to Terminate Non-Union Employees

In an important decision (Wilson v Atomic Energy of Canada Limited) for federally regulated employers, the Supreme Court of Canada held that the “unjust dismissal” provisions in the Canada Labour Code mean non-union employees…more
| Labor & Employment Law

Your Right to a Speedy Trial? It May Now Be a Right to a Trial in 18 Months or Less

It’s tough for any of us to think of a high profile criminal or regulatory case that could be described as “speedy”. The whole country followed the murder trial of Mark Smich and Delen Millard, who were recently convicted of the…more
| Civil Procedure, Criminal Law

Cha-Ching: The High Cost of Failing to Remedy Workplace Discrimination

Last week, Gretchen Carlson, the Fox News anchor, sued Fox News chairman Roger Ailes, accusing him of harassment and sexism. Though Ailes denies the allegations, the trial will be closely followed, both because of the…more
| Civil Remedies, Civil Rights, Labor & Employment Law

Canadian Securities Administrators Derivatives Committee Issue Consultation Paper on Margin Requirements for Non-Centrally Cleared Derivatives

On July 7, 2016, the Canadian Securities Administrators Derivatives Committee (the “Committee”) published CSA Consultation Paper 95-401 entitled “Margin and Collateral Requirements for Non-Centrally Cleared Derivatives” (the…more
| Finance & Banking, Securities Law
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4500 Bankers Hall East
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