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Michael P. Theroux KC

Commercial Litigation, Arbitration & Energy Litigation Lawyer

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 KC

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

Ciara J. Mackey

Research and Opinions, National Practice Group Leader

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

Ethan Z. Schiff

Class Actions & Commercial Litigation Lawyer

Evana Yukanna

Commercial Litigation Lawyer at Bennett Jones Toronto

Ontario court denies a late class action opt-out request, reinforcing settlement finality and confirming prejudice can arise before court approval.

Ontario Court Reinforces Finality of Class Proceedings in Rejecting Late Opt Out Request

Ontario Court Reinforces Finality of Class Proceedings in Rejecting Late Opt-Out Request

Martin Ignasiak KC

Energy & Industrial Projects Lawyer

Head of Energy Regulatory

Tyler McDonough

Logan Lazurko

Energy & Regulatory Lawyer | Environmental

On June 17, 2026, the Alberta Court of Appeal unanimously dismissed an appeal by Fort McMurray 468 First Nation challenging an Alberta Energy Regulator decision that the First Nation lacked standing to request regulatory appeals of approvals issued to AdhMor Ltd. for an oilfield waste management facility near Fort McMurray. The decision in Fort McMurray 468 First Nation v Alberta Energy Regulator, 2026 ABCA 197, offers important guidance on what it takes to get in the door at the AER.

Alberta Court of Appeal Confirms Cumulative Effects are no Substitute for Evidence

No Standing Without Specifics: Alberta Court of Appeal Confirms that Cumulative Effects are no Substitute for Evidence

Wesley R. Novotny

Corporate Tax Lawyer at Bennett Jones Calgary

Wade Ritchie

Tax Lawyer at Bennett Jones Calgary

Zachary Thacker

In the April 28, 2026 Spring Economic Update, the federal government announced its intention to make permanent the C$10 million capital gains exemption available on certain sales of businesses to employee ownership trusts and worker cooperatives, which exemption was previously set to expire at the end of 2026. This amendment has now passed into law as part of Bill C-30, which received Royal Assent on June 18, 2026.

Capital Gains Exemption Made Permanent for Employee Ownership Trusts

A Major Boost for Canadian Business Succession

C$10 Million Capital Gains Exemption Made Permanent for Employee Ownership Trusts 

Curtis A. Cusinato

Vice Chair and Co-Head of M&A

Vice Chair and Co-Head of Mergers & Acquisitions

Tyler B. McAuley

Corporate Lawyer at Bennett Jones Toronto

Kevin Myson

Energy & Corporate Lawyer | M&A, Natural Resources & Transport

Canada&rsquo;s M&amp;A market remained resilient through the first half of 2026, with deal activity increasingly concentrated in large, strategically important transactions despite ongoing economic and geopolitical uncertainty. This quarterly update explores the sectors driving Canadian M&amp;A, including energy, digital infrastructure and real estate, and examines how policy developments, AI-related demand and shifting investment priorities are shaping dealmaking trends. It also highlights key opportunities and considerations for investors as activity is expected to accelerate in the second half of the year.

Canadas Q2 2026 MA Landscape

Sustained Momentum Driven by Energy Investment and AI-Related Demand

Canada's Q2 2026 M&A Landscape

Jessica Kennedy

Regulatory Lawyer at Bennett Jones Calgary

Larissa D. Lees

On June 9, 2026, the Government of Alberta enacted the Data Centre Regulation, AR 117/2026 under the Electric Utilities Act, codifying the province&rsquo;s &ldquo;bring your own generation&rdquo; policy and providing the legal foundation for the Alberta Electric System Operator&rsquo;s grid connection process for large data centres.&nbsp;

Albertas BYOG Framework

Alberta's BYOG Framework: What Data Centre and Generation Proponents Need to Know

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Alberta Court of Appeal Upholds Limit on Pay First Dispute Later Principle

From the Same Authors