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Michael P. Theroux KC

Commercial Litigation Lawyer | Energy & Arbitration 

Partner 

Timothy Ke

Commercial Litigation Lawyer at Bennett Jones Calgary

Associate

In a recent <a rel="noopener noreferrer" href="https://www.canlii.org/en/ca/fct/doc/2023/2023fc849/2023fc849.html" target="_blank">decision</a>, 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 to take into account downstream emissions and marine shipping risks in approving the project. This case is another example of NGOs using the court process to advance concerns about climate change.

Court Rules That Unquantifiable Climate Impacts Are Not Sufficient to Overturn Project Approval

Kelsey J. Meyer

Restructuring & Insolvency Lawyer | Commercial Litigation

Partner

Jaspreet K. Singh

Senior Legal Advisor

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 start of 2023, we have compiled our top 10 commercial litigation cases that will affect businesses and the practice of commercial litigation in Canada.

Insights and Takeaways From Our Top 10 Commercial Litigation Cases of 2022

Scott H. D. Bower KC

Corporate, Commercial, Securities and Energy Lawyer at Bennett Jones Calgary

Ciara J. Mackey

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 underlying transaction once it had closed: Taiga Gold Corp v Munday, 2023 ABCA 12. This recent appeal highlights the unwillingness of the courts to unwind a completed transaction and the importance of seeking interim relief to preserve the status quo in the event of a dispute about the proper approval of a plan of arrangement.

Alberta Court of Appeal Reluctant to Unwind Arrangement Transaction

What's Done is Done: Alberta Court of Appeal Declines to Unwind Arrangement Transaction Despite Errors in Approval Process

Cheryl M. Woodin

Commercial Litigation & Trial Lawyer

Cheryl Woodin, Laura Gill, Michael Theroux and Rebecca Taylor write in JWN Energy on how Vancouver City Council recently passed a motion to fund a proposed class action against various oil & gas companies to recover costs associated with climate change. 

Canadian Municipalities Climate Change Litigation and Oil Gas Companies

Emrys Davis

Competition & Antitrust Litigation Lawyer

Kolding Larson

Commercial Transactions Lawyer at Bennett Jones Toronto

The Federal Court dismissed a proposed C$5B class action alleging a nationwide conspiracy to fix generic drug prices, finding no basis in fact and denying certification. The decision underscores the Court&rsquo;s gatekeeping role and confirms that US enforcement actions and generalized market theories are insufficient to support competition claims in Canada without clear, particularized evidence.

Federal Court Dismisses 5 Billion Generic Drug Price Fixing Class Action

Federal Court Dismisses C$5 Billion Generic Drug Price-Fixing Class Action 

Edwin G. Kroft KC

Tax Litigation Lawyer at Bennett Jones

Andrew Young

Tax Lawyer at Bennett Jones Toronto

Mackenzie Thomas

Lawyer at Bennett Jones Toronto

Issue 41 of Bennett Jones on Tax Disputes examines recent developments in Canadian tax litigation, with a focus on jurisdictional limits, procedural compliance, and case management in the Tax Court of Canada. Featuring commentary from members of the Bennett Jones Tax group, this edition analyzes key decisions including MEGlobal, Culig, and Opheim, and provides practical guidance for taxpayers and advisors navigating tax disputes.

Bennett Jones on Tax Disputes Issue 41

Bennett Jones on Tax Disputes: March 2026

Renée Gagnon

Commercial Litigation Lawyer at Bennett Jones Vancouver

Maruska Giacchetto

Paige Lutz

Articling Student at Bennett Jones Vancouver

Articling Student

British Columbia&rsquo;s new Health Professions and Occupations Act will significantly reshape how health professionals are regulated, with changes taking effect April 1, 2026. This blog outlines key updates, including a new oversight body, updated bylaws and expanded statutory duties for licensees.

New Health Professions and Occupations Act is Coming Soon

What BC Health Professionals Need to Know Before April 1, 2026 

Oliver Loxley

Corporate Lawyer at Bennett Jones Vancouver

Aaron E. Sonshine

Corporate Finance, Mergers and Acquisitions and Corporate Governance Lawyer at Bennett Jones Toronto

Alexandra Doane

Articling Student at Bennett Jones in Vancouver

The SEC&rsquo;s March 5 exemption preserves the existing insider reporting framework for Canadian foreign private issuers that report through SEDI, despite changes introduced by the HFIAA. This update clarifies cross-border reporting obligations and maintains the status quo for affected issuers and their insiders.

Canadian Foreign Private Issuers Remain Exempt from US Insider Reporting Requirements

James D. Beeby

Corporate Finance, M&A, Private Equity and Venture Capital Lawyer

Lisa Kakoske

Corporate and Securities Lawyer

Harpar Gill

The Canadian Securities Administrators (CSA) has introduced a voluntary Semi-Annual Reporting (SAR) Pilot allowing eligible venture issuers on the TSXV or CSE to file only six-month interim financial reports. The pilot aims to reduce reporting burdens while maintaining key continuous disclosure requirements for investors.

CSA Adopts Semi Annual Reporting Pilot For Venture Issuers

CSA Adopts Semi-Annual Reporting Pilot For Venture Issuers

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Alberta Court Dismisses Mandatory Injunction Based on CAPL “Take in Kind” Rights


Bennett Jones Article Alberta Court Dismisses Mandatory Injunction Based on CAPL “Take in Kind” Rights March 28, 2012 Authors Michael P. Theroux KCPartner On December 23, 2011, the Alberta Court of Queen's Bench dismissed an application for a mandatory injunction that would have forced the operator of jointly owned gas rights to undertake work to enable the nonoperator to physically take its raw gas at a pipeline header located upstream of a gas processing plant. Husky Oil Operations Ltd. v. Trident Exploration Corp., 2011 ABQB (unreported). In doing so, the court provided some guidance on the scope “take in kind” rights under the Canadian Association of Petroleum Landmen's (CAPL) operating procedures. Published in the Canada – Oil & Gas section of the Rocky Mountain Mineral Law Foundation's Mineral Law Newsletter, Volume 29, Number 1, 2012. Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Bryan Canning at canningb@bennettjones.com. For informational purposes only This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors. Authors Michael P. Theroux KC, Partner • Co-Head of Commercial Litigation Practice Calgary • 403.298.4438 • therouxm@bennettjones.com

Alberta Court Dismisses Mandatory Injunction Based on CAPL “Take in Kind” Rights

Authors