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Robert W. Staley

Securities & Commercial Litigation Lawyer | Shareholder Disputes

Vice Chair and Partner

Cheryl M. Woodin

Commercial Litigation & Trial Lawyer

Partner

Ciara J. Mackey

Commercial Litigation Lawyer at Bennett Jones Calgary

In Sinclair v. Venezia Turismo, 2025 SCC 27, the Supreme Court of Canada clarified that jurisdiction must be assessed for each defendant individually. A plaintiff cannot rely on one defendant&rsquo;s contract or weak connecting factors to extend jurisdiction to others. The decision strengthens the principles of corporate separateness in cross-border disputes.

The SCC Clarifies Approach to Jurisdiction Against Multiple Defendants in Cross Border Disputes

Sinclair v. Venezia Turismo: The SCC Clarifies Approach to Jurisdiction Against Multiple Defendants in Cross-Border Disputes

Michael D. Mysak KC

Corporate & Commercial Litigation Lawyer

David R. McKinnon

Energy & Environmental Litigation Counsel

In the glow of negotiating a commercial lease, no landlord or tenant wants to think about how it might end early. But recent developments again remind us that a nuanced termination clause will significantly affect if, when and how a termination right is triggered.

Lease Termination Clauses

Lease Termination Clauses: Know the Target Before Pulling the Trigger

Andrew N. Disipio

Mining & Corporate Finance Lawyer | M&A, Equity & Debt Deals

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

The latest dispute in the asset deal between Spacebridge Inc. and Baylin Technologies Inc.1 is a stark warning to anyone delivering a notice of indemnification claim against funds held in escrow.

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

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

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer at Bennett Jones Calgary

Alison G. FitzGerald

International Arbitration Lawyer at Bennett Jones Ottawa

In its recent decision in <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abkb/doc/2024/2024abkb317/2024abkb317.html" target="_blank">Quanta Canada Holdings II ULC v Bremar Construction Ltd</a><a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abkb/doc/2024/2024abkb317/2024abkb317.html" target="_blank">, 2024 ABKB 317</a>, the Alberta Court of King's Bench established a principled framework for considering an application for permission to appeal an arbitral award under sections 44(2) and 44(2.1) of the Arbitration Act. In Alberta, if the governing arbitration agreement does not provide a broader right of appeal, permission to appeal under section 44 is limited to questions of law where the importance to the parties of the matters at stake in the arbitration justifies an appeal and the determination of the question of law at issue will significantly affect the parties' rights.

Dancing the Two Step to Appeal an Arbitration Award in Alberta

Dancing the Two-Step to Appeal an Arbitration Award in Alberta

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Luke Stretch

Commercial Real Estate Lawyer at Bennett Jones Calgary

Associate

Nathalie Hunter

Associate at Bennett Jones Vancouver

In Convocation Flowers Incorporated v. Anisa Holdings Ltd., 2026 ONCA 145, the Ontario Court of Appeal held that a landlord&rsquo;s interference with essential common area access&mdash;specifically loading dock facilities&mdash;can constitute a repudiatory breach of a commercial lease. The Court emphasized that even broadly drafted landlord discretion clauses cannot be exercised in a way that defeats a tenant&rsquo;s core operational use of the premises. The decision reinforces that courts will assess lease performance in practical, commercial terms when determining whether a fundamental breach has occurred.

Repudiation by Denied Access

Convocation Flowers Incorporated v. Anisa Holdings Ltd., 2026 ONCA 145

Repudiation by Denied Access: ONCA Confirms Loss of Essential Common Area Access May Be Repudiatory Breach of Lease

Aaron E. Sonshine

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

Partner 

The life sciences sector is experiencing a renewed wave of M&amp;A activity driven by patent expiries, expanding investor appetite and growing demand for innovative therapies and technologies. Drawing on insights shared at the Bloom Burton &amp; Co. Healthcare Investor Conference, this update explores the key trends shaping dealmaking in Canada and globally, including increased competition for assets, rising private transactions and growing investment in emerging markets such as China. The author also examines why current market conditions point to continued momentum across the sector in the second half of 2026.

The Life Sciences Boom

The Life Sciences Boom: H2 2026 Outlook

Quinn Scarlett

Commercial Litigation and Arbitration Lawyer at Bennett Jones Toronto

In Grace et al v. The United Mexican States, the Ontario Superior Court set aside a NAFTA arbitral award on both jurisdictional and arbitrator impartiality grounds, marking a significant development in Canada&rsquo;s international arbitration jurisprudence. The decision clarifies Ontario courts&rsquo; willingness to conduct rigorous review of jurisdictional determinations, scrutinize arbitrator disclosure obligations, and preserve meaningful protections for minority investors and dual nationals in investor-state disputes. 
<div>&nbsp;</div>

Ontario Court Sets Aside ICSID Award in NAFTA Arbitration

Ontario Court Sets Aside ICSID Award in NAFTA Arbitration: Key Lessons on Jurisdiction and Arbitrator Impartiality

Mark V. Lewis

Commercial Real Estate Lawyer at Bennett Jones Vancouver

Vanessa Kiraly

Commercial Real Estate Lawyer at Bennett Jones Toronto

Jacob Mandrusiak

Corporate Commercial Lawyer at Bennett Jones Edmonton

This blog examines the Newfoundland and Labrador Court of Appeal&rsquo;s decision in Nova Fish Farms Inc. v. Cold Ocean Salmon Inc., holding that &ldquo;time is of the essence&rdquo; clauses do not apply to contractual obligations framed in indefinite terms such as &ldquo;commercially reasonable efforts.&rdquo; The case highlights the legal limits of TOE clauses absent fixed deadlines and underscores the importance of express outside or longstop dates in allocating timing and termination risk in commercial contracts. The forthcoming Supreme Court of Canada appeal may significantly shape future drafting practices for conditional transactions.

Time Of The Essence Clauses And Indefinite Obligations In Commercial Contracts

Nova Fish Farms Inc. v. Cold Ocean Salmon Inc (2025 NLCA 28)

Time of the Essence Clauses and Indefinite Obligations in Commercial Contracts

Ahmed Elmallah

Intellectual Property Lawyer at Bennett Jones Edmonton

Counsel, Patent Agent, Trademark Agent

Roseann Caldwell

Canadian and United States Patent Agent at Bennett Jones Calgary

Patent Agent

Stephen D. Burns

Energy & Infrastructure Technology Lawyer | IT/OT & Markets

Partner, Trademark Agent

This update analyzes recent Patent Appeal Board decisions to identify trends in the allowance of fintech and financial services patents in Canada. It shows that patentable claims typically frame innovations as technical solutions&mdash;such as improving computing efficiency or integrating specialized hardware&mdash;rather than purely business methods. These trends align with post-Dusome guidance and provide practical insight into how fintech inventions can meet patent eligibility requirements.

The Age of Personalized Genomics

From the Same Authors