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Jonathan G. Bell

Commercial, Securities and Class Action Litigation Lawyer at Bennett Jones Toronto

Partner

Jason M. Berall

Commercial Litigation Lawyer at Bennett Jones Toronto

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, the Court of Appeal released what it described as a decision of first impression in which the Court considered the doctrine in the bankruptcy and insolvency context. In particular, the Court held that the fraudulent intent of a directing mind could be imputed to a bankrupt corporation for the purpose of voiding transfers at undervalue under section 96 of the Bankruptcy and Insolvency Act.

Court of Appeal Refines the Corporate Attribution Doctrine

Justin R. Lambert

Energy Industry Dispute, Fraud, Securities and Corporate Litigation Lawyer at Bennett Jones Calgary

Since 2014, the Toronto Stock Exchange (TSX) has required listed issuers without a majority shareholder to implement a majority voting policy requiring each of its directors to be elected by a majority of the votes cast (50 percent plus one vote) with respect to their election at uncontested shareholder meetings. The TSX's Majority Voting Requirement provides that, subject to exceptional circumstances, any director who fails to meet this threshold must immediately tender their resignation.

Important New Guidance from the Court of Appeal

Important New Guidance from the Court of Appeal on TSX Majority Voting Rules, Reasonable Expectations in Oppression Claims and Contractual Set-Off

Robert W. Staley

Vice Chair and Partner

Kristopher R. Hanc

M&A and Capital Markets Lawyer at Bennett Jones Toronto

Robert Staley, Kristopher Hanc, Jonathan Bell and Tim Heneghan write the Canada chapter of Shareholders' Rights & Shareholder Activism 2020 in Chambers Global Practice Guides.

Shareholders Rights Activism and ESG Investing in Canada

Shareholders' Rights, Activism and ESG Investing in Canada

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

The Ontario Securities Commission (OSC) has traditionally been regarded by the Ontario Divisional Court as a specialized administrative tribunal entitled to significant deference on appeal and judicial review proceedings. On this deferential approach, the Divisional Court would review decisions of the OSC on a "reasonableness" standard of review—the Court would follow the Dunsmuir approach and defer to the OSC provided that the decision fell within a range of reasonable outcomes. As a practical matter, this meant that it was very difficult to successfully challenge a decision of the OSC on substantive legal grounds.

Ontario Divisional Court adopts the Vavilov standard

Ontario Divisional Court Applies Vavilov to Appeals from Ontario Securities Commission

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Makda Yohannes

Associate

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

As artificial intelligence becomes increasingly integrated into creative workflows, the use of typefaces and fonts raises complex intellectual property challenges. This article examines the distinction between typefaces and fonts, the scope of copyright, trademark and industrial design protection in Canada, and how AI tools may heighten infringement risks. It also outlines practical steps for designers and businesses to ensure compliance through proper licensing and responsible AI use.

Understanding IP Infringement Risk in Typeface Use in AI Generated Content

Understanding IP Infringement Risk in Typeface Use in AI-Generated Content

Lisa Kakoske

Corporate and Securities Lawyer

Samantha Chenatte

Associate at Bennett Jones Vancouver

Globally, women represent nearly half of the agricultural workforce, yet they still face systemic barriers that prevent them from accessing, using and contributing to innovations in agricultural technology (Agritech), which is poised to transform agricultural systems across the world.

Gender Inclusivity Driving Growth in Agritech Industry

Sara G. Parchello

Employment Lawyer at Bennett Jones Toronto

David Cassin

Brendan J. Weiler

Employment Services Lawyer at Bennett Jones Toronto

Two recent Ontario Superior Court decisions&mdash;Li v Wayfair Canada Inc. and Jones v Strides Toronto&mdash;clarify that the phrase &ldquo;at any time&rdquo; in a termination clause does not automatically invalidate an employment agreement under the ESA. While both cases distinguish earlier restrictive rulings, ongoing inconsistencies, including the Chan decision, highlight the need for appellate guidance. Employers should continue to review contracts carefully to ensure ESA compliance.

Termination At Any Time A Review of Recent Developments

Termination “At Any Time”? A Review of Recent Developments from Li v Wayfair Canada Inc. and Jones v Strides Toronto

Mykala Way

Commercial Real Estate Lawyer at Bennett Jones Toronto

Jane C. Helmstadter

Real Estate Lawyer at Bennett Jones Toronto

The Ontario Court of Appeal&rsquo;s decision in 100 Bloor Street West Corporation v. Barry&rsquo;s Bootcamp Canada Inc. underscores the risks of vague realty tax provisions in commercial leases. The case highlights how inconsistent or ambiguous calculation methods can expose both landlords and tenants to costly litigation. Clear, consistent, and fair drafting of tax allocation clauses is essential to avoid disputes and ensure predictable outcomes.

One Method Many Taxes Lease Interpretation and Realty Tax

One Method, Many Taxes: Lease Interpretation and Realty Tax Allocation in 100 Bloor Street West v. Barry’s Bootcamp

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Vanessa Kiraly

A recent Ontario Superior Court decision underscores the importance of precise lease drafting. In Malleum Real Estate v. Donut Monster, the court held that tenant obligations began on the fixed commencement date&mdash;regardless of unfinished landlord improvements or pandemic disruptions. The ruling highlights that assumptions cannot override clear lease terms and offers practical lessons for both landlords and tenants.

When Assumptions Break Leases The Need for Clear Terms

When Assumptions Break Leases: The Need for Clear Terms

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