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ATestBlog

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Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Partner

Luke Stretch

Commercial Real Estate Lawyer at Bennett Jones Calgary

Associate

Nathalie Hunter

Articling Student at Bennett Jones Vancouver

Articling Student

In <em>Convocation Flowers Incorporated v. Anisa Holdings Ltd.</em>, 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

Alison G. FitzGerald

International Arbitration Lawyer at Bennett Jones Ottawa

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.<br />
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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.

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From the Same Authors

Latest Insights

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

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

Time of the Essence Clauses and Indefinite Obligations in Commercial Contracts

Stay Informed. Stay Ahead.