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

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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

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The PE Briefing: Q1 2025

Even amid the uncertainty of U.S. tariffs and a trade war, there was some positive PE activity in Canada in the first quarter of 2025. What lies ahead after President Trump announced his sweeping global tariff plans on April…more

Acquisitions, Canada, Infrastructure, International Trade, Investment

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Similarity Between Cross-Jurisdictional Class Actions Is Not Enough to Justify Staying One Action Pre-Certification

In InvestorCOM Inc. v. L’Anton, 2025 BCCA 40, the BC Court of Appeal upheld the chambers judge’s decision not to strike the plaintiff’s claim because of a parallel action in Ontario that also sought certification as a national…more

Abuse of Process, Appeals, Canada, Class Action, Data Breach

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Alberta's Data Centre Advantage: A Growing Hotspot for Critical Digital Infrastructure

The rapid advancement of artificial intelligence (AI) and machine learning is reshaping industries worldwide, with Alberta emerging as a key destination for AI investments. As nations compete to lead in this transformative…more

Artificial Intelligence, Canada, Clean Energy, Data Centers, Energy Sector

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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

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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

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Bennett Jones Discusses Opportunities in Canadian Mining at PDAC 2025

Despite current trade and geopolitical developments and uncertainties, Bennett Jones discusses opportunities for Canada’s mining industry in 2025 and beyond, including optimism driven by policy shifts and heightened demand in…more

Canada, Competition, Energy Sector, Foreign Investment, Investment

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Canada Imposes 25% Retaliatory Surtax on Certain US Goods

On February 1, 2025, US President Donald Trump issued an Executive Order announcing a 25% tariff on imports of most Canadian goods and a 10% tariff on Canadian energy products in addition to any tariffs currently in place. The…more

Canada, Executive Orders, Exports, Imports, International Trade

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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

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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

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Clear and Explicit Contractual Language Required to Impose Arbitration on Third-Party Beneficiaries

The Alberta Court of Appeal in Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc, 2024 ABCA 369 recently held that parties attempting to impose an arbitration requirement on third-party beneficiaries…more

Arbitration, Arbitration Agreements, Arbitrators, Canada, Contract Terms

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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

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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)

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CDPQ Infra Calls for Progressive Design-Build Services for TramCité Project

CDPQ Infra has launched two requests for expressions of interest (DEI) for progressive design-build (PDB) services for the 19-kilometre TramCité Project in Québec City…more

Canada, Construction Industry, Construction Project, Contractors, Design-Build

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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

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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

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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

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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

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TSX Proposes Amendments to Listing Requirements

The Toronto Stock Exchange (TSX) has published for comment proposed amendments to the TSX Company Manual (the Manual). The amendments are intended to support capital markets by..…more

Canada, Capital Markets, Initial Public Offering (IPO), Listing Rules, Mining

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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

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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 »

Canadian Securities Administrators Publish Tenth Report Regarding Women on Boards and in Executive Officer Positions

The Canadian Securities Administrators (CSA) recently published its 10th annual Review of Disclosure Regarding Women on Boards and in Executive Officer Positions (Year 10 Report) (the Review). The Review outlines the CSA's key…more

Board of Directors, Canada, Canadian Securities Administration, Corporate Governance, Corporate Officers

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Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

This guide highlights the key factors tech startups should consider when choosing where to incorporate in Canada. It takes into account the unique needs of tech startups and the recent efforts by Canadian jurisdictions to update…more

Business Entities, Canada, Corporate Finance, Corporate Governance, Forum Shopping

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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

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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)

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It All Comes Out in the Wash: Regulatory Action on AI Washing Ramps Up

Securities-related regulatory action regarding “AI washing” has been increasing in the United States, serving as a warning of potential future developments in Canada. AI washing, as defined by the Canadian Securities…more

Artificial Intelligence, Canada, Canadian Securities Administration, Class Action, Compliance

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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

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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

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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

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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

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More Legislative Changes for Ontario Employers as Ontario’s Working for Workers Five Act, 2024 Receives Royal Assent

On October 28, 2024, Ontario's Working for Workers Five Act, 2024 (Bill 190) received Royal Assent. As Ontario’s fifth and most recent legislative initiative introduced under the “Working for Workers” headline, Bill 190 makes…more

Canada, Employee Benefits, Employer Liability Issues, Employment Policies, Hiring & Firing

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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

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Canadian Securities Administrators Publish Tenth Report Regarding Women on Boards and in Executive Officer Positions

The Canadian Securities Administrators (CSA) recently published its 10th annual Review of Disclosure Regarding Women on Boards and in Executive Officer Positions (Year 10 Report) (the Review). The Review outlines the CSA's key…more

Board of Directors, Canada, Canadian Securities Administration, Corporate Governance, Corporate Officers

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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

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Is The Mining of Bitcoin Permitted Under Your Lease? Lessons from Flowers v Persist Oil and Gas Inc.

In Flowers v Persist Oil and Gas Inc., 2025 ABKB 142, the Court of King's Bench of Alberta provides some important reminders to commercial landlords, tenants and their respective lenders regarding the growing intersection…more

Bitcoin Mining, Canada, Commercial Leases, Cryptocurrency, Digital Assets

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Material Adverse Effects: Insights from the High Court of Justice

Uncertainty caused by macroeconomic risks such as the COVID-19 pandemic, severe weather events and geopolitical tensions has given rise to increased judicial consideration of contractual terms apportioning risk in the…more

Acquisitions, Canada, Contract Negotiations, Contract Terms, Coronavirus/COVID-19

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CRA Relief and Proposed Amendments Mitigate Bare Trust Reporting Burden on Energy Companies

On October 29, 2024, the Canada Revenue Agency (CRA) issued a release stating that it will not require bare trusts to file trust returns for the 2024 tax year, continuing the administrative exemption that was granted for the…more

Canada, Energy Sector, Income Taxes, Oil & Gas, Tax Credits

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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

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Divisional Court Clarifies Judicial Review Notice Requirements and May Make ODACC Determinations Publicly Available

The Divisional Court’s recent decision in Gay Co. Ltd. v Sayers Foods Ltd., 2024 ONSC 6123 addressed two noteworthy issues for stakeholders in the Ontario construction industry, particularly industry participants who use the…more

Canada, Construction Contracts, Construction Disputes, Construction Industry, Dispute Resolution

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Key Changes to Property Control Rules: What Landlords and Tenants Need to Know Before October 7, 2024

The Competition Bureau’s public consultation process in connection with new rules related to property controls on certain exclusivity and restrictive use provisions ends on October 7, 2024, and landlords and tenants alike have…more

Antitrust Division, Antitrust Provisions, Canada, Commercial Buildings, Commercial Leases

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New Information Technology Security Requirements for Critical Infrastructure Facilities in Alberta

On May 31, 2025, the Alberta Security Management for Critical Infrastructure Regulation (the Regulation) will come into force and is expected to alter existing security requirements for critical resource infrastructure in…more

Canada, Critical Infrastructure Sectors, Cybersecurity, Data Security, Energy Sector

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From Barriers to Bridges: Navigating the Unique Landscape of Indigenous Enterprise Financing

In recent years, growing attention and effort has been placed on studying Indigenous economies in Canada with the aim of closing gaps in business, project, community and housing financing, ultimately closing the infrastructure…more

Aboriginal Issues, Canada, Capital Markets, Federal Funding, Financial Institutions

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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

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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

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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

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Changes in Effect to the Cost of Collateral Mortgage Registration

To ensure that future borrowers and lenders alike are aware of a potentially significant change in Mortgage registration fee calculations at the Alberta Land Titles Office, and to help prevent any registration fee surprises on…more

Borrowers, Canada, Debt Financing, Fees, Financial Regulatory Reform

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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

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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

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High-Net-Worth Investors to Boost Growth in Private Equity: Opportunities, Risks and Other Important Considerations

Globally, private equity is expected to double its current assets under management (AUM) to US$12 trillion by the end of 2029, driven in large part by private wealth investors, according to new Preqin research…more

Anti-Money Laundering, Canada, Family Offices, High Net-Worth, Investment Management

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An “Exacting Standard”: the Enforceability of Termination Clauses and the “At Any Time” Conundrum

Baker v Van Dolder’s Home Team Inc. (Baker) is the latest decision in Ontario to conclude that a termination provision permitting an employer to terminate, without cause, “at any time” is contrary to the Employment Standards…more

Appeals, Canada, Contract Terms, Employee Rights, Employment Contract

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Canada Announces Significantly Increased Penalties for Money Laundering Failures

The recent Fall Economic Statement announced the intention of the current Canadian federal government to materially increase the financial (and other) penalties faced by designated individuals and entities doing business in…more

Anti-Money Laundering, Banking Sector, Banks, Canada, Compliance

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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

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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

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Is The Mining of Bitcoin Permitted Under Your Lease? Lessons from Flowers v Persist Oil and Gas Inc.

In Flowers v Persist Oil and Gas Inc., 2025 ABKB 142, the Court of King's Bench of Alberta provides some important reminders to commercial landlords, tenants and their respective lenders regarding the growing intersection…more

Bitcoin Mining, Canada, Commercial Leases, Cryptocurrency, Digital Assets

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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

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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

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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

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Specific Performance: Not Extraordinary in Commercial Leasing

In light of recent caselaw, and despite popular belief, it may be time to reframe specific performance as a perfectly ordinary remedy rather than an extraordinary one. The decision of Justice Rees in The Decorators Choice Paint…more

Breach of Contract, Canada, Commercial Leases, Commercial Litigation, Commercial Real Estate Contracts

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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

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New Regulations Regarding the Hiring Process: Key Dates and Information for Ontario Employers

Ontario has recently published regulations offering employers further details on the new amendments to the Employment Standards Act, 2000 (ESA) related to the hiring process…more

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

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Momentum Shift: Canada’s M&A Landscape in 2025

A variety of factors are expected to significantly increase Canadian M&A activity in 2025. These include the likelihood of a more merger friendly regulatory environment in the United States for cross-border transactions, lower…more

Acquisitions, Artificial Intelligence, Canada, Corporate Counsel, Energy Sector

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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

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Competition Tribunal Issues First-of-Its-Kind Decision in Private Abuse of Dominance Case Against Major Pharma Manufacturer

On December 17, 2024, the Competition Tribunal (the Tribunal) issued reasons for its decision to dismiss an application for leave to bring a private abuse of dominance action against a major pharmaceutical manufacturer. JAMP had…more

Antitrust Provisions, Canada, Competition, Enforcement Actions, Evidence

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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

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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

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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

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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

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Clearing the Deadwood: Inactive Trademarks at Risk as Section 45 Pilot Project Announced

On December 12, 2024, the Canadian Trademarks Opposition Board (TMOB) announced plans to initiate a pilot project in January 2025 whereby the Registrar of Trademarks will proactively issue a limited number of section 45 notices…more

Canada, Canadian Intellectual Property Office (CIPO), Intellectual Property Protection, Trademark Application, Trademark Licenses

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Quebec’s Evolving M&A Market: The Rise of Private Equity and Domestic Buyers

Quebec’s mid-market M&A landscape has undergone a seismic shift in recent years, with local buyers increasingly outbidding international investors for highly sought-after assets. This trend is fueled by a combination of targeted…more

Acquisitions, Canada, Competition, Foreign Investment, Government Agencies

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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

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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

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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

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Ontario Moves to Fast Track Mining, Expand Discretion Over Tenure

On April 17, 2025, the Ontario government introduced Bill 5, called the Protect Ontario by Unleashing Our Economy Act, 2025 (Bill 5), an extensive legislative proposal aimed at accelerating resource development and reducing…more

Canada, Critical Infrastructure Sectors, Energy Policy, Environmental Policies, Foreign Investment

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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

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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

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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

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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

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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

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Bennett Jones Discusses Opportunities in Canadian Mining at PDAC 2025

Despite current trade and geopolitical developments and uncertainties, Bennett Jones discusses opportunities for Canada’s mining industry in 2025 and beyond, including optimism driven by policy shifts and heightened demand in…more

Canada, Competition, Energy Sector, Foreign Investment, Investment

See all updates »

New Information Technology Security Requirements for Critical Infrastructure Facilities in Alberta

On May 31, 2025, the Alberta Security Management for Critical Infrastructure Regulation (the Regulation) will come into force and is expected to alter existing security requirements for critical resource infrastructure in…more

Canada, Critical Infrastructure Sectors, Cybersecurity, Data Security, Energy Sector

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Federal Government Proposes Changes to 30 Percent Rule to Spur Pension Investment Within Canada

Canada’s federal government announced it intends to remove the “30 percent rule” for investments by domestic pension funds in Canadian entities. The change is part of the Fall Economic Statement that was released on December 16,…more

Canada, Compensation & Benefits, Employee Benefits, Employee Contributions, Employer Contributions

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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

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The PE Briefing: Q1 2025

Even amid the uncertainty of U.S. tariffs and a trade war, there was some positive PE activity in Canada in the first quarter of 2025. What lies ahead after President Trump announced his sweeping global tariff plans on April…more

Acquisitions, Canada, Infrastructure, International Trade, Investment

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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

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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

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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

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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

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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

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No Space for Error: Invalid Indemnity Claim in Asset Transaction Failed to Follow Notice Terms

The latest dispute in the asset deal between Spacebridge Inc. and Baylin Technologies Inc. is a stark warning to anyone delivering a notice of indemnification claim against funds held in escrow…more

Asset Purchase Agreements, Business Assets, Business Litigation, Canada, Contract Terms

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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

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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

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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

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Canada Imposes 25% Retaliatory Surtax on Certain US Goods

On February 1, 2025, US President Donald Trump issued an Executive Order announcing a 25% tariff on imports of most Canadian goods and a 10% tariff on Canadian energy products in addition to any tariffs currently in place. The…more

Canada, Executive Orders, Exports, Imports, International Trade

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Trends and AI Potential in Proptech

Proptech Collective just released their latest report on key trends that will shape Canada’s proptech ecosystem in 2025. AI is emerging as a transformative force, and the report explores its potential impact across the…more

Artificial Intelligence, Canada, Commercial Real Estate Market, Construction Industry, Construction Project

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CDPQ Infra Calls for Progressive Design-Build Services for TramCité Project

CDPQ Infra has launched two requests for expressions of interest (DEI) for progressive design-build (PDB) services for the 19-kilometre TramCité Project in Québec City…more

Canada, Construction Industry, Construction Project, Contractors, Design-Build

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Material Adverse Effects: Insights from the High Court of Justice

Uncertainty caused by macroeconomic risks such as the COVID-19 pandemic, severe weather events and geopolitical tensions has given rise to increased judicial consideration of contractual terms apportioning risk in the…more

Acquisitions, Canada, Contract Negotiations, Contract Terms, Coronavirus/COVID-19

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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

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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

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New B.C. Tower Crane Requirements in Effect October 1, 2024

On October 1, 2024, WorkSafeBC introduced new regulations (the Crane Regulations) regarding tower crane safety which amend Part 14 of the Occupational Health and Safety Regulation (the OHS Regulation) in British Columbia. The…more

Canada, Construction Cranes, Construction Industry, Heavy Equipment, Ministry of Labour

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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

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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

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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

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A Flurry of Mining Announcements in Ontario to Start 2025

The Ontario government launched into 2025 with a series of announcements on mineral exploration, its critical minerals strategy and cooperation with the United States. While we cannot lose sight of the subsequent election call,…more

Critical Infrastructure Sectors, Energy Policy, Infrastructure, Investment, Mineral Exploration

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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

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The Hotel Management Agreement: What, Why and How?

With the global downturn in certain asset class valuations, hotels are experiencing something of a renaissance and have re-emerged as a preferred asset class. With challenges in all but the best in class and transit-oriented…more

Canada, Commercial Leases, Contract Terms, Fees, Franchise Agreements

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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

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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

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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

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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

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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

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Federal Government Publishes State of PFAS Report and Risk Management Approach

The Government of Canada published the final "State of per- and polyfluoroalkyl substances (PFAS) report" (State of PFAS Report), the "Risk management approach for per- and polyfluoroalkyl substances (PFAS), excluding…more

Canada, Environmental Policies, PFAS, Pollution Control, Public Health

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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

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Lower Criminal Interest Rate Now in Effect

As detailed in our prior blog the Government of Canada proposed amendments to lower the criminal interest rate to an annual percentage rate (APR) of 35 percent (the prior criminal interest rate, being an effective rate of 60…more

Canada, Compliance, Consumer Financial Products, Consumer Lenders, Consumer Protection Laws

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New Information Technology Security Requirements for Critical Infrastructure Facilities in Alberta

On May 31, 2025, the Alberta Security Management for Critical Infrastructure Regulation (the Regulation) will come into force and is expected to alter existing security requirements for critical resource infrastructure in…more

Canada, Critical Infrastructure Sectors, Cybersecurity, Data Security, Energy Sector

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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

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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

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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

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Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

This guide highlights the key factors tech startups should consider when choosing where to incorporate in Canada. It takes into account the unique needs of tech startups and the recent efforts by Canadian jurisdictions to update…more

Business Entities, Canada, Corporate Finance, Corporate Governance, Forum Shopping

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Navigating the Future of Agribusiness at Alberta Next

Alberta has long been a powerhouse in Canada’s agricultural sector, with a strong legacy in farming, ranching and agribusiness innovation. Recently, over 200 people from firms like Nutrien, BASF, Baker Tilly Canada, TELUS…more

Agribusiness, Agricultural Sector, Artificial Intelligence, Canada, Environmental Policies

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Retail Payment Activities Act—A Deeper Dive Into When Registration is Required

This post is a follow-up to  our earlier blog, Upcoming Retail Payment Activities Act Regulation—Updates from the Bank of Canada, where we summarized the four-step test under the Retail Payment Activities Act (RPAA) to determine…more

Banking Sector, Canada, Financial Institutions, Financial Services Industry, Payment Systems

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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

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Canada's M&A Landscape Q3 2024: Creativity in Canadian Deal Making

The third quarter of 2024 saw big deals, some encouraging trends and lower interest rates in Canada's M&A market. Dealmakers continue to show their creativity to bridge the valuation gap between buyers and sellers. We look at…more

Acquisitions, Canada, Mergers, Representations and Warranties Insurance, Royal Bank of Canada

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Ontario Moves to Fast Track Mining, Expand Discretion Over Tenure

On April 17, 2025, the Ontario government introduced Bill 5, called the Protect Ontario by Unleashing Our Economy Act, 2025 (Bill 5), an extensive legislative proposal aimed at accelerating resource development and reducing…more

Canada, Critical Infrastructure Sectors, Energy Policy, Environmental Policies, Foreign Investment

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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

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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

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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

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Alberta Permanently Adopts Remote Signing for Wills, Powers of Attorney and Personal Directives

Alberta has updated its legislation regarding testamentary and incapacity planning to allow the remote execution of wills, powers of attorney and personal directives, eliminating previous time restrictions. While initially…more

Canada, E-Signatures, Estate Planning, Healthcare, Legal Technology

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ISS Updates 2025 Proxy Voting Guidelines

Institutional Shareholder Services (ISS) has released updates to its Canadian proxy voting guidelines for the 2025 proxy season. The ISS updates are effective for shareholder meetings occurring on or after February 1, 2025…more

Board of Directors, Canada, Corporate Governance, Disclosure Requirements, Diversity

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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

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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)

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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

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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

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Legal Precedent on Restrictive Covenants in Employment Agreements—A Case Study

Employee restrictive covenants are often a contentious issue, especially when employees leave to form (or join) competing firms. A recent Alberta Court of King’s Bench decision, People Corporation v Quinn et al. (2024 ABKB…more

Canada, Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing

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Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

This guide highlights the key factors tech startups should consider when choosing where to incorporate in Canada. It takes into account the unique needs of tech startups and the recent efforts by Canadian jurisdictions to update…more

Business Entities, Canada, Corporate Finance, Corporate Governance, Forum Shopping

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Fair Market Value—What Does it Mean?

In the world of real estate, it is common to use fair market value (FMV) as a way of describing the value of real estate or rents payable. However, perhaps not often considered is the issue that the term FMV can mean different…more

Canada, Commercial Contracts, Commercial Real Estate Market, Commercial Tenants, Fair Market Value

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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

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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

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Momentum Shift: Canada’s M&A Landscape in 2025

A variety of factors are expected to significantly increase Canadian M&A activity in 2025. These include the likelihood of a more merger friendly regulatory environment in the United States for cross-border transactions, lower…more

Acquisitions, Artificial Intelligence, Canada, Corporate Counsel, Energy Sector

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Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

This guide highlights the key factors tech startups should consider when choosing where to incorporate in Canada. It takes into account the unique needs of tech startups and the recent efforts by Canadian jurisdictions to update…more

Business Entities, Canada, Corporate Finance, Corporate Governance, Forum Shopping

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British Columbia 2025 Budget Infrastructure Developments

On March 4, 2025, British Columbia's Finance Minister, Brenda Bailey, unveiled Budget 2025: Standing Strong for B.C., (the 2025 Budget) outlining the province's fiscal priorities for the coming years.  The 2025 Budget highlights…more

Canada, Colleges, Government Agencies, Healthcare, Hospitals

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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

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Canada Imposes 25% Retaliatory Surtax on Certain US Goods

On February 1, 2025, US President Donald Trump issued an Executive Order announcing a 25% tariff on imports of most Canadian goods and a 10% tariff on Canadian energy products in addition to any tariffs currently in place. The…more

Canada, Executive Orders, Exports, Imports, International Trade

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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

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BC Court of Appeal Confirms that the Duty of Honest Performance Does Not Extend to Pre-Contractual Dishonesty

In Ocean Pacific Hotels Ltd. v Lee, 2025 BCCA 57, the Court of Appeal for British Columbia confirmed that the duty of honest performance in contract does not extend to pre-contractual negotiations…more

Breach of Contract, Canada, Employee Benefits, Employee Rights, Employment Contract

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The PE Briefing: Q1 2025

Even amid the uncertainty of U.S. tariffs and a trade war, there was some positive PE activity in Canada in the first quarter of 2025. What lies ahead after President Trump announced his sweeping global tariff plans on April…more

Acquisitions, Canada, Infrastructure, International Trade, Investment

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Legal Precedent on Restrictive Covenants in Employment Agreements—A Case Study

Employee restrictive covenants are often a contentious issue, especially when employees leave to form (or join) competing firms. A recent Alberta Court of King’s Bench decision, People Corporation v Quinn et al. (2024 ABKB…more

Canada, Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing

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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

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Trends and AI Potential in Proptech

Proptech Collective just released their latest report on key trends that will shape Canada’s proptech ecosystem in 2025. AI is emerging as a transformative force, and the report explores its potential impact across the…more

Artificial Intelligence, Canada, Commercial Real Estate Market, Construction Industry, Construction Project

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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

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Bennett Jones Discusses Opportunities in Canadian Mining at PDAC 2025

Despite current trade and geopolitical developments and uncertainties, Bennett Jones discusses opportunities for Canada’s mining industry in 2025 and beyond, including optimism driven by policy shifts and heightened demand in…more

Canada, Competition, Energy Sector, Foreign Investment, Investment

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Legal Precedent on Restrictive Covenants in Employment Agreements—A Case Study

Employee restrictive covenants are often a contentious issue, especially when employees leave to form (or join) competing firms. A recent Alberta Court of King’s Bench decision, People Corporation v Quinn et al. (2024 ABKB…more

Canada, Confidential Information, Employer Liability Issues, Employment Contract, Hiring & Firing

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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

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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

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Fair Market Value—What Does it Mean?

In the world of real estate, it is common to use fair market value (FMV) as a way of describing the value of real estate or rents payable. However, perhaps not often considered is the issue that the term FMV can mean different…more

Canada, Commercial Contracts, Commercial Real Estate Market, Commercial Tenants, Fair Market Value

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Unlocking Green Growth: Further Clean Economy ITC Expansions Announced in Canada's 2024 Fall Economic Statement

The Government of Canada advanced its clean energy agenda in the 2024 Fall Economic Statement (FES 2024) by expanding and providing further guidance on several key clean economy investment tax credits (ITCs) designed to…more

Canada, Clean Energy, Clean Power Plan, Electric Vehicles, Green Infrastructure

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British Columbia 2025 Budget Infrastructure Developments

On March 4, 2025, British Columbia's Finance Minister, Brenda Bailey, unveiled Budget 2025: Standing Strong for B.C., (the 2025 Budget) outlining the province's fiscal priorities for the coming years.  The 2025 Budget highlights…more

Canada, Colleges, Government Agencies, Healthcare, Hospitals

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Just Released: OHS Lessons for Employers from King v. R., 2025 NBCA 12

On January 23, 2025, the New Brunswick Court of Appeal released its decision in King v R. This tragic case highlights critical lessons for employers, emphasizing the importance of leadership accountability, adherence to safety…more

Canada, Construction Industry, Criminal Liability, Criminal Prosecution, Employer Liability Issues

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Key Changes to Property Control Rules: What Landlords and Tenants Need to Know Before October 7, 2024

The Competition Bureau’s public consultation process in connection with new rules related to property controls on certain exclusivity and restrictive use provisions ends on October 7, 2024, and landlords and tenants alike have…more

Antitrust Division, Antitrust Provisions, Canada, Commercial Buildings, Commercial Leases

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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

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From Barriers to Bridges: Navigating the Unique Landscape of Indigenous Enterprise Financing

In recent years, growing attention and effort has been placed on studying Indigenous economies in Canada with the aim of closing gaps in business, project, community and housing financing, ultimately closing the infrastructure…more

Aboriginal Issues, Canada, Capital Markets, Federal Funding, Financial Institutions

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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

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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

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IPPSA 2025 and Alberta's New Market: If They Build It, Who Will Come?

Once again, it was a great opportunity to attend the Independent Power Producers Society of Alberta (IPPSA) Annual Conference and to meet with industry, government and regulatory authorities on issues facing our electricity…more

Artificial Intelligence, Carbon Emissions, Clean Energy, Data Centers, Electricity

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Quebec’s Evolving M&A Market: The Rise of Private Equity and Domestic Buyers

Quebec’s mid-market M&A landscape has undergone a seismic shift in recent years, with local buyers increasingly outbidding international investors for highly sought-after assets. This trend is fueled by a combination of targeted…more

Acquisitions, Canada, Competition, Foreign Investment, Government Agencies

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Bennett Jones Discusses Opportunities in Canadian Mining at PDAC 2025

Despite current trade and geopolitical developments and uncertainties, Bennett Jones discusses opportunities for Canada’s mining industry in 2025 and beyond, including optimism driven by policy shifts and heightened demand in…more

Canada, Competition, Energy Sector, Foreign Investment, Investment

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Ontario Tribunal Refines Public Interest Test in Cease Trade Decision on Shareholder Rights Plans

On November 19, 2024, the Ontario Capital Markets Tribunal (Tribunal) released its reasons for its July 2024 decision granting an application by Riot Platforms, Inc. (Riot) to cease trade a shareholder rights plan (Plan) adopted…more

Canada, Canadian Securities Administration, Capital Markets, Financial Services Industry, Investment Funds

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Competition Tribunal Issues First-of-Its-Kind Decision in Private Abuse of Dominance Case Against Major Pharma Manufacturer

On December 17, 2024, the Competition Tribunal (the Tribunal) issued reasons for its decision to dismiss an application for leave to bring a private abuse of dominance action against a major pharmaceutical manufacturer. JAMP had…more

Antitrust Provisions, Canada, Competition, Enforcement Actions, Evidence

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The SCC Clarifies the Corporate Attribution Doctrine and Creditor Protection Tools in Insolvency Law

In the unrelated companion cases of Aquino v Bondfield Construction Co, 2024 SCC 31 (Aquino) and Scott v Golden Oaks Enterprises Inc, 2024 SCC 32 (Golden Oaks), the Supreme Court of Canada (the SCC or the Court) applied the…more

Bankruptcy and Insolvency Act (BIA), Bankruptcy Court, Canada, Commercial Bankruptcy, Corporate Restructuring

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Considering Australian Securities Law When Drafting Arrangement Agreements to Acquire Australia-Based Companies

As a recent decision by the Australian Takeovers Panel (Panel) has confirmed, Canadian issuers looking to complete a merger or strategic transaction with an Australian counterparty in a Canadian plan of arrangement, subject to…more

Acquisitions, Australia, Canada, Canadian Securities Administration, Contract Terms

See all updates »

Alberta Permanently Adopts Remote Signing for Wills, Powers of Attorney and Personal Directives

Alberta has updated its legislation regarding testamentary and incapacity planning to allow the remote execution of wills, powers of attorney and personal directives, eliminating previous time restrictions. While initially…more

Canada, E-Signatures, Estate Planning, Healthcare, Legal Technology

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When a Gift is not a Gift—Resulting Trusts in Real Estate

When it comes to estate planning, joint tenancy is often seen as a simple way to transfer property after death while bypassing probate fees. But as the case of Jackson v Rosenberg shows, what may seem like a straightforward…more

Beneficiaries, Canada, Estate Claims, Estate Planning, Real Estate Transfers

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Alberta Permanently Adopts Remote Signing for Wills, Powers of Attorney and Personal Directives

Alberta has updated its legislation regarding testamentary and incapacity planning to allow the remote execution of wills, powers of attorney and personal directives, eliminating previous time restrictions. While initially…more

Canada, E-Signatures, Estate Planning, Healthcare, Legal Technology

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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

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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

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2025 Canadian Infrastructure Trends

The Canadian infrastructure space saw significant volumes of projects announced and transacted in 2024, primarily driven by government incentivizes and the development of eligible projects through the investment tax credit (ITC)…more

Artificial Intelligence, Canada, Clean Energy, Data Centers, Energy Projects

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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

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Considering Australian Securities Law When Drafting Arrangement Agreements to Acquire Australia-Based Companies

As a recent decision by the Australian Takeovers Panel (Panel) has confirmed, Canadian issuers looking to complete a merger or strategic transaction with an Australian counterparty in a Canadian plan of arrangement, subject to…more

Acquisitions, Australia, Canada, Canadian Securities Administration, Contract Terms

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TSX Proposes Amendments to Listing Requirements

The Toronto Stock Exchange (TSX) has published for comment proposed amendments to the TSX Company Manual (the Manual). The amendments are intended to support capital markets by..…more

Canada, Capital Markets, Initial Public Offering (IPO), Listing Rules, Mining

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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

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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

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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

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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

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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

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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

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'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

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Can Business Conducted at Invalid Corporate Meetings Still be Valid and Effective? The BC Court of Appeal Says "Yes"

In Yinghe Investment (Canada) Ltd. v CCM Investment Group Ltd., 2024 BCCA 285 (CCM Investment), the BC Court of Appeal upheld the chambers judge’s decision, ruling that: (1) an annual general meeting (AGM) and subsequent…more

Appeals, Board of Directors, Business Litigation, Canada, Corporate Entities

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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

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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

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ISS Updates 2025 Proxy Voting Guidelines

Institutional Shareholder Services (ISS) has released updates to its Canadian proxy voting guidelines for the 2025 proxy season. The ISS updates are effective for shareholder meetings occurring on or after February 1, 2025…more

Board of Directors, Canada, Corporate Governance, Disclosure Requirements, Diversity

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Fintech in Canada Q3 2024

CSA Extends Deadline to Delist Stablecoins  - The Canadian Securities Administrators (CSA) has once again extended the deadline for registered crypto-trading platforms to address trading in value referenced crypto assets…more

Artificial Intelligence, Banking Sector, Canada, Canadian Securities Administration, Crypto Exchanges

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IPPSA 2025 and Alberta's New Market: If They Build It, Who Will Come?

Once again, it was a great opportunity to attend the Independent Power Producers Society of Alberta (IPPSA) Annual Conference and to meet with industry, government and regulatory authorities on issues facing our electricity…more

Artificial Intelligence, Carbon Emissions, Clean Energy, Data Centers, Electricity

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New B.C. Tower Crane Requirements in Effect October 1, 2024

On October 1, 2024, WorkSafeBC introduced new regulations (the Crane Regulations) regarding tower crane safety which amend Part 14 of the Occupational Health and Safety Regulation (the OHS Regulation) in British Columbia. The…more

Canada, Construction Cranes, Construction Industry, Heavy Equipment, Ministry of Labour

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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

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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

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British Columbia 2025 Budget Infrastructure Developments

On March 4, 2025, British Columbia's Finance Minister, Brenda Bailey, unveiled Budget 2025: Standing Strong for B.C., (the 2025 Budget) outlining the province's fiscal priorities for the coming years.  The 2025 Budget highlights…more

Canada, Colleges, Government Agencies, Healthcare, Hospitals

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TSX Proposes Amendments to Listing Requirements

The Toronto Stock Exchange (TSX) has published for comment proposed amendments to the TSX Company Manual (the Manual). The amendments are intended to support capital markets by..…more

Canada, Capital Markets, Initial Public Offering (IPO), Listing Rules, Mining

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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

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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

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IPPSA 2025 and Alberta's New Market: If They Build It, Who Will Come?

Once again, it was a great opportunity to attend the Independent Power Producers Society of Alberta (IPPSA) Annual Conference and to meet with industry, government and regulatory authorities on issues facing our electricity…more

Artificial Intelligence, Carbon Emissions, Clean Energy, Data Centers, Electricity

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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

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No Space for Error: Invalid Indemnity Claim in Asset Transaction Failed to Follow Notice Terms

The latest dispute in the asset deal between Spacebridge Inc. and Baylin Technologies Inc. is a stark warning to anyone delivering a notice of indemnification claim against funds held in escrow…more

Asset Purchase Agreements, Business Assets, Business Litigation, Canada, Contract Terms

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CRA Relief and Proposed Amendments Mitigate Bare Trust Reporting Burden on Energy Companies

On October 29, 2024, the Canada Revenue Agency (CRA) issued a release stating that it will not require bare trusts to file trust returns for the 2024 tax year, continuing the administrative exemption that was granted for the…more

Canada, Energy Sector, Income Taxes, Oil & Gas, Tax Credits

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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

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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

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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

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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

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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

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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

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Federal Government Proposes Changes to 30 Percent Rule to Spur Pension Investment Within Canada

Canada’s federal government announced it intends to remove the “30 percent rule” for investments by domestic pension funds in Canadian entities. The change is part of the Fall Economic Statement that was released on December 16,…more

Canada, Compensation & Benefits, Employee Benefits, Employee Contributions, Employer Contributions

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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

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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

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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

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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

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Keeping It (Not So) Simple: Streamlined Trials in Alberta

On December 22, 2023, the Court of King's Bench issued a Notice to the Profession setting out the procedure for adjudicating a civil action by a new process known as a “streamlined trial”, which replaces the old and…more

Canada, Civil Claims, Law Firm Associates, Law Firm Partners, Summary Jury Trials

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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

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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

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“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

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Short-Selling Structure not Abusive—Ontario Capital Markets Tribunal Dismisses OSC Allegations in High-Profile Enforcement Proceeding

In recent years, the OSC and other regulatory bodies began signaling to public markets that regulators intended to crack down on what they termed abusive short-sellers. Against this backdrop, the OSC brought enforcement…more

Canada, Canadian Securities Administration, Ontario Securities Act, Ontario Securities Commission (OSC), Securities

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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

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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

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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

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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

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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

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Canada Imposes 25% Retaliatory Surtax on Certain US Goods

On February 1, 2025, US President Donald Trump issued an Executive Order announcing a 25% tariff on imports of most Canadian goods and a 10% tariff on Canadian energy products in addition to any tariffs currently in place. The…more

Canada, Executive Orders, Exports, Imports, International Trade

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Quebec Budget 2025-26: Important Changes to Quebec Flow-Through Share Regime and Refundable Tax Credit Regime for Mining and Other Resources

The 2025-26 Quebec budget, released on March 25, 2025, includes important (and adverse) changes to the deductions and exemptions available under the Quebec flow-through share regime, removing many of the additional provincial…more

Canada, Capital Gains, Investment, Mining, New Legislation

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The SCC Clarifies the Corporate Attribution Doctrine and Creditor Protection Tools in Insolvency Law

In the unrelated companion cases of Aquino v Bondfield Construction Co, 2024 SCC 31 (Aquino) and Scott v Golden Oaks Enterprises Inc, 2024 SCC 32 (Golden Oaks), the Supreme Court of Canada (the SCC or the Court) applied the…more

Bankruptcy and Insolvency Act (BIA), Bankruptcy Court, Canada, Commercial Bankruptcy, Corporate Restructuring

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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

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Trend Watch: Third Party Releases in US Chapter 15 Proceedings

On March 11, 2025, the US Bankruptcy Court for the District of Delaware issued an order under Chapter 15 of the US Bankruptcy Code recognizing and enforcing a restructuring plan under Mexican law that included nonconsensual…more

Bankruptcy Code, Canada, Chapter 15, Corporate Restructuring, Creditors

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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

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Just Released: OHS Lessons for Employers from King v. R., 2025 NBCA 12

On January 23, 2025, the New Brunswick Court of Appeal released its decision in King v R. This tragic case highlights critical lessons for employers, emphasizing the importance of leadership accountability, adherence to safety…more

Canada, Construction Industry, Criminal Liability, Criminal Prosecution, Employer Liability Issues

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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

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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

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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

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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

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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

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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

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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

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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

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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

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Canada's M&A Landscape Q3 2024: Creativity in Canadian Deal Making

The third quarter of 2024 saw big deals, some encouraging trends and lower interest rates in Canada's M&A market. Dealmakers continue to show their creativity to bridge the valuation gap between buyers and sellers. We look at…more

Acquisitions, Canada, Mergers, Representations and Warranties Insurance, Royal Bank of Canada

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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

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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

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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

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Ontario Court of Appeal Holds That a Claim is Limitations-Barred for an Entire Class

In Fehr v Sun Life Assurance Company of Canada, 2024 ONCA 847 (Fehr), the Ontario Court of Appeal dismissed the representative plaintiffs’ appeal seeking post-certification leave to amend their statement of claim and to certify…more

Appeals, Breach of Contract, Canada, Class Action, Insurance Litigation

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Bennett Jones Leading the Way in Employee Ownership Trusts

Effective January 1, 2024, Canada introduced detailed rules into the Income Tax Act (Canada) to facilitate and encourage employee ownership of small and medium sized Canadian businesses through the creation of employee ownership…more

Business Ownership, Canada, Capital Gains, Employee-Ownership, Estate Planning

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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

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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

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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

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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

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Federal Election 2025 Contribution and Advertising Rules

With the next federal election scheduled called for April 28, 2025, anyone considering making a financial contribution to a political party or candidate should be aware of the rules governing contributions and political…more

Canada, Election Laws, Penalties, Political Advertising, Political Campaigns

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Opportunities for Suppliers in Quebec Citys TramCite Project

CDPQ Infra recently issued its noticed to the market to attract the interest from companies who can provide shadow operator services for the TramCité Project in Québec City and from companies with experience in the construction…more

Construction Contracts, Construction Project, Design-Build, Electric Vehicles, Infrastructure

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Clear and Explicit Contractual Language Required to Impose Arbitration on Third-Party Beneficiaries

The Alberta Court of Appeal in Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc, 2024 ABCA 369 recently held that parties attempting to impose an arbitration requirement on third-party beneficiaries…more

Arbitration, Arbitration Agreements, Arbitrators, Canada, Contract Terms

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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

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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

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Health Canada Consultation on Proposed Amendments to Address Drug and Medical Device Shortages in Canada

Health Canada is proposing to amend the Food and Drug Regulations, C.R.C., c.870 (the FDRs) and the Medical Device Regulations, SOR/98-282 (the MDRs) in an effort to avoid pharmaceutical and medical device shortages and…more

Canada, Health Canada, Life Sciences, Medical Devices, Pharmaceutical Industry

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Ontario Court of Appeal Strikes Important Balance in Applying Exceptions to the Kompetenz-Kompetenz Principle

Last week, the Ontario Court of Appeal released its decision Lochan v Binance Holdings Limited, 2024 ONCA 784 [Binance], in which it refused to stay a class action proceeding in favour of arbitration. In doing so, the Court…more

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

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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

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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

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Divisional Court Clarifies Judicial Review Notice Requirements and May Make ODACC Determinations Publicly Available

The Divisional Court’s recent decision in Gay Co. Ltd. v Sayers Foods Ltd., 2024 ONSC 6123 addressed two noteworthy issues for stakeholders in the Ontario construction industry, particularly industry participants who use the…more

Canada, Construction Contracts, Construction Disputes, Construction Industry, Dispute Resolution

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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

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Employment Termination Clauses: Lessons From Singh v Clark Builders

In a recent decision, the Court of King’s Bench of Alberta upheld a freely negotiated termination clause with a sophisticated employee despite evolution to the employee’s role over the term of employment. The employee’s…more

Bargaining Power, Canada, Contract Drafting, Contract Terms, Employee Rights

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Clear and Explicit Contractual Language Required to Impose Arbitration on Third-Party Beneficiaries

The Alberta Court of Appeal in Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc, 2024 ABCA 369 recently held that parties attempting to impose an arbitration requirement on third-party beneficiaries…more

Arbitration, Arbitration Agreements, Arbitrators, Canada, Contract Terms

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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

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Data Portability Right Takes Effect in Quebec: What Service Providers Need to Know

Effective September 22, 2024, Quebec's data portability right will come into force, marking the final phase of the implementation of the amendments to the Act respecting the protection of personal information in the private…more

Canada, Data Collection, Data Privacy, Data Protection, Data Transfers

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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

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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

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Please Take a Number: Alberta Human Rights Complaints at a 10 Year High, Other Trends and Tactical Offers

The Alberta Human Rights Commission (the Commission) recently published its annual report, highlighting trends in human rights complaints for the fiscal year April 1, 2023—March 31, 2024…more

Canada, Dispute Resolution, Employee Training, Employer Liability Issues, Employment Discrimination

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Don’t Be the Next Victim of a BEC Scam

Businesses are increasingly defrauded through common scams known as business email compromise scams (BEC scams) for which they do not have insurance to cover the resulting losses. Fortunately, there are easy-to-implement…more

Canada, Cyber Attacks, Cybersecurity, Fraud, Phishing Scams

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Clear and Explicit Contractual Language Required to Impose Arbitration on Third-Party Beneficiaries

The Alberta Court of Appeal in Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc, 2024 ABCA 369 recently held that parties attempting to impose an arbitration requirement on third-party beneficiaries…more

Arbitration, Arbitration Agreements, Arbitrators, Canada, Contract Terms

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Changes in Effect to the Cost of Collateral Mortgage Registration

To ensure that future borrowers and lenders alike are aware of a potentially significant change in Mortgage registration fee calculations at the Alberta Land Titles Office, and to help prevent any registration fee surprises on…more

Borrowers, Canada, Debt Financing, Fees, Financial Regulatory Reform

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Momentum Shift: Canada’s M&A Landscape in 2025

A variety of factors are expected to significantly increase Canadian M&A activity in 2025. These include the likelihood of a more merger friendly regulatory environment in the United States for cross-border transactions, lower…more

Acquisitions, Artificial Intelligence, Canada, Corporate Counsel, Energy Sector

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Navigating US-Canada Tariff Tensions: Managing Risk in Construction Contracts | Bennett Jones

Driven by growing housing needs, clean energy policies and a high volume of telecommunications transactions, demand for Canadian infrastructure projects have been rising. However, recently announced US tariffs on Canadian goods…more

Canada, Construction Contracts, Construction Industry, Contract Drafting, Contract Terms

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Canada Imposes 25% Retaliatory Surtax on Certain US Goods

On February 1, 2025, US President Donald Trump issued an Executive Order announcing a 25% tariff on imports of most Canadian goods and a 10% tariff on Canadian energy products in addition to any tariffs currently in place. The…more

Canada, Executive Orders, Exports, Imports, International Trade

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Employment Termination Clauses: Lessons From Singh v Clark Builders

In a recent decision, the Court of King’s Bench of Alberta upheld a freely negotiated termination clause with a sophisticated employee despite evolution to the employee’s role over the term of employment. The employee’s…more

Bargaining Power, Canada, Contract Drafting, Contract Terms, Employee Rights

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Bennett Jones Leading the Way in Employee Ownership Trusts

Effective January 1, 2024, Canada introduced detailed rules into the Income Tax Act (Canada) to facilitate and encourage employee ownership of small and medium sized Canadian businesses through the creation of employee ownership…more

Business Ownership, Canada, Capital Gains, Employee-Ownership, Estate Planning

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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

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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

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2025 Canadian Infrastructure Trends

The Canadian infrastructure space saw significant volumes of projects announced and transacted in 2024, primarily driven by government incentivizes and the development of eligible projects through the investment tax credit (ITC)…more

Artificial Intelligence, Canada, Clean Energy, Data Centers, Energy Projects

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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

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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

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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

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British Columbia 2025 Budget Infrastructure Developments

On March 4, 2025, British Columbia's Finance Minister, Brenda Bailey, unveiled Budget 2025: Standing Strong for B.C., (the 2025 Budget) outlining the province's fiscal priorities for the coming years.  The 2025 Budget highlights…more

Canada, Colleges, Government Agencies, Healthcare, Hospitals

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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

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Canada Imposes 25% Retaliatory Surtax on Certain US Goods

On February 1, 2025, US President Donald Trump issued an Executive Order announcing a 25% tariff on imports of most Canadian goods and a 10% tariff on Canadian energy products in addition to any tariffs currently in place. The…more

Canada, Executive Orders, Exports, Imports, International Trade

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Pest Management Regulatory Agency Opens Pre-Consultation Period on Proposed Changes to the Pest Control Products Regulations

On March 7, 2025, Health Canada’s Pest Management Regulatory Agency (PMRA) published two consultation documents as part of its ongoing work to clarify which categories of pest control products are subject to the Pest Control…more

Canada, Environmental Policies, Manufacturers, Pesticides, Proposed Rules

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Ontario Superior Court Reminds Plaintiffs’ Counsel that Class Actions Notices Are Not Vehicles For Recruitment

Pugliese v Chartwell, 2024 ONSC 7146 (Chartwell) explores the limitations of notice provisions under class proceedings legislation. Justice Morgan refused to authorize a notice plan providing for direct notice to proposed class…more

Canada, Class Action, Jurisdiction, Litigation Strategies, Ontario

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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

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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

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Duty Calls: Preparing for US and Canadian Tariffs

The re-election of President Trump signals a renewed era of trade disruption and volatility in the form of US import tariffs on goods from Canada and other countries. After weeks of speculation, President Trump is expected to…more

Canada, Imports, International Trade, Retaliatory Tariffs, Risk Management

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Turning Losses Into Gains: Private Equity Tax Strategies With Distressed Businesses

Private equity (PE) firms play a critical role in revitalizing struggling businesses by providing, among other things, financial support and operational expertise. PE transactions are often driven by a combination of strategic…more

Acquisitions, Canada, Canada Revenue Agency (CRA), Corporate Taxes, Income Taxes

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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

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Canada Announces Significantly Increased Penalties for Money Laundering Failures

The recent Fall Economic Statement announced the intention of the current Canadian federal government to materially increase the financial (and other) penalties faced by designated individuals and entities doing business in…more

Anti-Money Laundering, Banking Sector, Banks, Canada, Compliance

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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

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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

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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

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ISS Updates 2025 Proxy Voting Guidelines

Institutional Shareholder Services (ISS) has released updates to its Canadian proxy voting guidelines for the 2025 proxy season. The ISS updates are effective for shareholder meetings occurring on or after February 1, 2025…more

Board of Directors, Canada, Corporate Governance, Disclosure Requirements, Diversity

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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

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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

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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

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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

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Ontario Superior Court Reminds Plaintiffs’ Counsel that Class Actions Notices Are Not Vehicles For Recruitment

Pugliese v Chartwell, 2024 ONSC 7146 (Chartwell) explores the limitations of notice provisions under class proceedings legislation. Justice Morgan refused to authorize a notice plan providing for direct notice to proposed class…more

Canada, Class Action, Jurisdiction, Litigation Strategies, Ontario

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Unlocking Green Growth: Further Clean Economy ITC Expansions Announced in Canada's 2024 Fall Economic Statement

The Government of Canada advanced its clean energy agenda in the 2024 Fall Economic Statement (FES 2024) by expanding and providing further guidance on several key clean economy investment tax credits (ITCs) designed to…more

Canada, Clean Energy, Clean Power Plan, Electric Vehicles, Green Infrastructure

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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

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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

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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

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Competition Tribunal Issues First-of-Its-Kind Decision in Private Abuse of Dominance Case Against Major Pharma Manufacturer

On December 17, 2024, the Competition Tribunal (the Tribunal) issued reasons for its decision to dismiss an application for leave to bring a private abuse of dominance action against a major pharmaceutical manufacturer. JAMP had…more

Antitrust Provisions, Canada, Competition, Enforcement Actions, Evidence

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Ontario Moves to Fast Track Mining, Expand Discretion Over Tenure

On April 17, 2025, the Ontario government introduced Bill 5, called the Protect Ontario by Unleashing Our Economy Act, 2025 (Bill 5), an extensive legislative proposal aimed at accelerating resource development and reducing…more

Canada, Critical Infrastructure Sectors, Energy Policy, Environmental Policies, Foreign Investment

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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

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Driving Compliance: Updates to Canada’s Motor Vehicle and Equipment Safety Regulations

Regulations Amending Certain Regulations Made Under the Motor Vehicle Safety Act (Recall Information), SOR/2024-274 (Regulations) came into force on January 1, 2025.  The Regulations amend..…more

Automotive Industry, Canada, Final Rules, Government Agencies, Manufacturers

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Redefining Corporate Disclosure of Material Change

The Potential Impact of the Supreme Court of Canada's Decision in Lundin Mining Corporation v. Markowich - As the Supreme Court of Canada (the SCC) prepares to deliver its decision in Lundin Mining Corporation v Dov Markowich…more

Canada, Directors, Disclosure Requirements, Environmental Liability, Oil & Gas

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Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

This guide highlights the key factors tech startups should consider when choosing where to incorporate in Canada. It takes into account the unique needs of tech startups and the recent efforts by Canadian jurisdictions to update…more

Business Entities, Canada, Corporate Finance, Corporate Governance, Forum Shopping

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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

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CDPQ Infra Calls for Progressive Design-Build Services for TramCité Project

CDPQ Infra has launched two requests for expressions of interest (DEI) for progressive design-build (PDB) services for the 19-kilometre TramCité Project in Québec City…more

Canada, Construction Industry, Construction Project, Contractors, Design-Build

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From Barriers to Bridges: Navigating the Unique Landscape of Indigenous Enterprise Financing

In recent years, growing attention and effort has been placed on studying Indigenous economies in Canada with the aim of closing gaps in business, project, community and housing financing, ultimately closing the infrastructure…more

Aboriginal Issues, Canada, Capital Markets, Federal Funding, Financial Institutions

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British Columbia Bill 4 Targets Class Action Waivers and Arbitration Clauses

On February 25, 2025, British Columbia introduced Bill 4, proposing significant amendments to the Business Practices and Consumer Protection Act (BPCPA). Bill 4 passed second reading on March 3, 2025. If enacted as proposed, the…more

Arbitration Agreements, Canada, Class Action, Consumer Contracts, Consumer Protection Laws

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Considering Australian Securities Law When Drafting Arrangement Agreements to Acquire Australia-Based Companies

As a recent decision by the Australian Takeovers Panel (Panel) has confirmed, Canadian issuers looking to complete a merger or strategic transaction with an Australian counterparty in a Canadian plan of arrangement, subject to…more

Acquisitions, Australia, Canada, Canadian Securities Administration, Contract Terms

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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

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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

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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

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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

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The PE Briefing: Q1 2025

Even amid the uncertainty of U.S. tariffs and a trade war, there was some positive PE activity in Canada in the first quarter of 2025. What lies ahead after President Trump announced his sweeping global tariff plans on April…more

Acquisitions, Canada, Infrastructure, International Trade, Investment

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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

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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

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Is The Mining of Bitcoin Permitted Under Your Lease? Lessons from Flowers v Persist Oil and Gas Inc.

In Flowers v Persist Oil and Gas Inc., 2025 ABKB 142, the Court of King's Bench of Alberta provides some important reminders to commercial landlords, tenants and their respective lenders regarding the growing intersection…more

Bitcoin Mining, Canada, Commercial Leases, Cryptocurrency, Digital Assets

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Don’t Be the Next Victim of a BEC Scam

Businesses are increasingly defrauded through common scams known as business email compromise scams (BEC scams) for which they do not have insurance to cover the resulting losses. Fortunately, there are easy-to-implement…more

Canada, Cyber Attacks, Cybersecurity, Fraud, Phishing Scams

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Canadian Securities Administrators Publish Tenth Report Regarding Women on Boards and in Executive Officer Positions

The Canadian Securities Administrators (CSA) recently published its 10th annual Review of Disclosure Regarding Women on Boards and in Executive Officer Positions (Year 10 Report) (the Review). The Review outlines the CSA's key…more

Board of Directors, Canada, Canadian Securities Administration, Corporate Governance, Corporate Officers

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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

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The Function and Limits of Directors and Officers Insurance Policies in Class Actions and the Companies’ Creditors Arrangement Act

The Ontario Superior Court has held that claims made insurance policies issued to directors and officers upon a company filing for protection under the Companies' Creditors Arrangement Act, RSC 1985, c C-36 (the CCAA) could not…more

Bankruptcy Court, Board of Directors, Canada, Commercial Bankruptcy, Corporate Governance

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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

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Must A Buyer Accept An Open Building Permit On Closing?

In recent years, courts in Ontario have struggled with the answer to this question, and we direct you to our earlier blog, Requisitioning the Closure of Open Building Permits, on the subject that considered the 2022 case Chan v…more

Building Permits, Canada, Commercial Buildings, Commercial Property Owners, Construction Project

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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

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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

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It All Comes Out in the Wash: Regulatory Action on AI Washing Ramps Up

Securities-related regulatory action regarding “AI washing” has been increasing in the United States, serving as a warning of potential future developments in Canada. AI washing, as defined by the Canadian Securities…more

Artificial Intelligence, Canada, Canadian Securities Administration, Class Action, Compliance

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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

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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

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Quebec’s Evolving M&A Market: The Rise of Private Equity and Domestic Buyers

Quebec’s mid-market M&A landscape has undergone a seismic shift in recent years, with local buyers increasingly outbidding international investors for highly sought-after assets. This trend is fueled by a combination of targeted…more

Acquisitions, Canada, Competition, Foreign Investment, Government Agencies

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Bennett Jones Leading the Way in Employee Ownership Trusts

Effective January 1, 2024, Canada introduced detailed rules into the Income Tax Act (Canada) to facilitate and encourage employee ownership of small and medium sized Canadian businesses through the creation of employee ownership…more

Business Ownership, Canada, Capital Gains, Employee-Ownership, Estate Planning

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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

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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

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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

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Short-Selling Structure not Abusive—Ontario Capital Markets Tribunal Dismisses OSC Allegations in High-Profile Enforcement Proceeding

In recent years, the OSC and other regulatory bodies began signaling to public markets that regulators intended to crack down on what they termed abusive short-sellers. Against this backdrop, the OSC brought enforcement…more

Canada, Canadian Securities Administration, Ontario Securities Act, Ontario Securities Commission (OSC), Securities

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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

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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

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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

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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

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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

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Redefining Corporate Disclosure of Material Change

The Potential Impact of the Supreme Court of Canada's Decision in Lundin Mining Corporation v. Markowich - As the Supreme Court of Canada (the SCC) prepares to deliver its decision in Lundin Mining Corporation v Dov Markowich…more

Canada, Directors, Disclosure Requirements, Environmental Liability, Oil & Gas

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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

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Specific Performance: Not Extraordinary in Commercial Leasing

In light of recent caselaw, and despite popular belief, it may be time to reframe specific performance as a perfectly ordinary remedy rather than an extraordinary one. The decision of Justice Rees in The Decorators Choice Paint…more

Breach of Contract, Canada, Commercial Leases, Commercial Litigation, Commercial Real Estate Contracts

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TSX Proposes Amendments to Listing Requirements

The Toronto Stock Exchange (TSX) has published for comment proposed amendments to the TSX Company Manual (the Manual). The amendments are intended to support capital markets by..…more

Canada, Capital Markets, Initial Public Offering (IPO), Listing Rules, Mining

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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

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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

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Employment Termination Clauses: Lessons From Singh v Clark Builders

In a recent decision, the Court of King’s Bench of Alberta upheld a freely negotiated termination clause with a sophisticated employee despite evolution to the employee’s role over the term of employment. The employee’s…more

Bargaining Power, Canada, Contract Drafting, Contract Terms, Employee Rights

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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

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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

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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

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Just Released: OHS Lessons for Employers from King v. R., 2025 NBCA 12

On January 23, 2025, the New Brunswick Court of Appeal released its decision in King v R. This tragic case highlights critical lessons for employers, emphasizing the importance of leadership accountability, adherence to safety…more

Canada, Construction Industry, Criminal Liability, Criminal Prosecution, Employer Liability Issues

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Clear and Explicit Contractual Language Required to Impose Arbitration on Third-Party Beneficiaries

The Alberta Court of Appeal in Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc, 2024 ABCA 369 recently held that parties attempting to impose an arbitration requirement on third-party beneficiaries…more

Arbitration, Arbitration Agreements, Arbitrators, Canada, Contract Terms

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New Information Technology Security Requirements for Critical Infrastructure Facilities in Alberta

On May 31, 2025, the Alberta Security Management for Critical Infrastructure Regulation (the Regulation) will come into force and is expected to alter existing security requirements for critical resource infrastructure in…more

Canada, Critical Infrastructure Sectors, Cybersecurity, Data Security, Energy Sector

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BC Court of Appeal Confirms that the Duty of Honest Performance Does Not Extend to Pre-Contractual Dishonesty

In Ocean Pacific Hotels Ltd. v Lee, 2025 BCCA 57, the Court of Appeal for British Columbia confirmed that the duty of honest performance in contract does not extend to pre-contractual negotiations…more

Breach of Contract, Canada, Employee Benefits, Employee Rights, Employment Contract

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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

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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

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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

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Quebec Budget 2025-26: Important Changes to Quebec Flow-Through Share Regime and Refundable Tax Credit Regime for Mining and Other Resources

The 2025-26 Quebec budget, released on March 25, 2025, includes important (and adverse) changes to the deductions and exemptions available under the Quebec flow-through share regime, removing many of the additional provincial…more

Canada, Capital Gains, Investment, Mining, New Legislation

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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)

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Quebec Budget 2025-26: Important Changes to Quebec Flow-Through Share Regime and Refundable Tax Credit Regime for Mining and Other Resources

The 2025-26 Quebec budget, released on March 25, 2025, includes important (and adverse) changes to the deductions and exemptions available under the Quebec flow-through share regime, removing many of the additional provincial…more

Canada, Capital Gains, Investment, Mining, New Legislation

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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

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Working for Workers Six Act, 2024: More Changes on the Horizon for Ontario’s Employment-Related Legislation

On November 27, 2024, the Ontario government introduced Bill 229, Working for Workers Six Act, 2024 (Bill 229). This announcement comes just one-month after Ontario’s Working for Workers Five Act, 2024 (Bill 190) received Royal…more

Canada, Employee Benefits, Employee Handbooks, Employee Rights, Employer Liability Issues

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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

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2024 Taxation Year Reporting Exemption for Bare Trusts

On October 29, 2024, the Canada Revenue Agency (CRA) announced that bare trusts are once again exempt from filing the T3 Income Tax and Information Return (including Schedule 15 regarding beneficial ownership information of a…more

Beneficial Owner, Canada, Canada Revenue Agency (CRA), Department of Finance, Income Tax Act

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ISS and Glass Lewis Update 2024 Proxy Voting Guidelines

Glass, Lewis & Co (Glass Lewis) and Institutional Shareholder Services (ISS) have each released updates to their Canadian proxy voting guidelines for the 2024 proxy season. The Glass Lewis updates apply to shareholder meetings…more

Board of Directors, Canada, Corporate Governance, Corporate Officers, Diversity

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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

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New Formaldehyde Standards on Composite Wood Products Imported into, Sold or Manufactured in Canada

In case you missed it, new limits were introduced on formaldehyde emissions from composite wood products imported into, sold or manufactured in Canada…more

Canada, Canada Consumer Product Safety Act (CCPSA), Chemicals, Hazardous Substances, Health Canada