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Daniel (Dan) R. Chubb

Corporate Commercial Lawyer at Bennett Jones Edmonton

Partner

Joan Bilsland

Knowledge Management Research Lawyer at Bennett Jones

Knowledge Management Research Lawyer

Luke Stretch

Commercial Real Estate Lawyer at Bennett Jones Calgary

Associate

Canadian courts generally treat real estate deposits as forfeitable upon a purchaser&rsquo;s default, distinct from unenforceable penalty clauses. However, under the Redstone factors, courts may grant relief from forfeiture where a deposit is grossly disproportionate to the vendor&rsquo;s damages or where retaining it would be unconscionable in the circumstances.

When A Deposit Becomes A Penalty

When a Deposit Becomes a Penalty: Relief From Forfeiture in Real Estate Transactions

Stephen D. Burns

Energy & Infrastructure Technology Lawyer | IT/OT & Markets

Partner, Trademark Agent

J. Sébastien A. Gittens

Technology Lawyer & Trademark Agent

Scott H. D. Bower KC

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

Partner 

Canadian courts and law societies, alike, are faced with an ever-evolving challenge: straddling the line between recognizing the potential benefits of emergent generative artificial intelligence (GenAI), while balancing the associated risks of using this technology. Principle to these associated risks is the ability of GenAI to "hallucinate" (i.e., generate incorrect information).

Unchartered Territories Canadian Courts and Law Societies Grapple with the Use of Generative

Unchartered Territories: Canadian Courts and Law Societies Grapple with the Use of Generative Artificial Intelligence Tools

Julia E. Schatz

Commercial & Regulatory Lawyer | Environmental & Agribusiness

The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abca/doc/2024/2024abca60/2024abca60.html" target="_blank">Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024 ABCA 60</a>. Section 218 of Alberta's Environmental Protection and Enhancement Act, RSA 2000, c E-12 gives a judge discretion to extend a limitation period "where the basis for the proceeding is an alleged adverse effect resulting from the alleged release of a substance into the environment".  However, no extension was granted in the case of a claim for remediation costs against other alleged contributors to a pipeline spill.

Extending Discretion Balancing the Limitations Act and Environmental Remediation Claims

Extending Discretion: Balancing the Limitations Act and Environmental Remediation Claims

Russell J. Kruger

Research Lawyer at Bennett Jones Calgary

Counsel

Separate corporate personality is not a loophole or technicality, but is an essential principle of corporate law, the Alberta Court of Appeal recently reiterated in <a rel="noopener noreferrer" href="https://canlii.ca/t/jzbmj" target="_blank">Condominium Corporation No. 0828219 v Carrington Holdings Ltd., 2023 ABCA 222</a> [Carrington] and <a href="https://canlii.ca/t/jzf2t" target="_self">Swanby v Tru-Square Homes Ltd, 2023 ABCA 224</a> [Swanby]. Together, Carrington and Swanby highlight the powerful impact of separate corporate personality on shareholder liability for the actions of their corporations.

Separate Corporate Personality Remains Alive and Well in Alberta

Gary S.A. Solway

Technology, Media & Corporate Lawyer | Governance

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

Artificial intelligence has entered a new phase: models can take actions&mdash;deploy code, interact with enterprise systems and operate through automated agents&mdash;with real-world consequences. AI is no longer just a technical capability; it is a core governance priority.

Boards Must Oversee AI Risk

Stop Hallucinating - Boards Must Oversee AI Risk

Christine A. Viney

Commercial Litigation Lawyer at Bennett Jones Calgary

Kristos J. Iatridis

Corporate & Private Equity Lawyer | Oil Sands Projects

Captive insurance is gaining traction as organizations look for smarter, more resilient ways to finance risk. This overview explores how Alberta captives work, their benefits, and whether they may be a fit for your business.

Curious about Captives Youre Not Alone

Curious about Captives? You're Not Alone!

Christopher J. Doucet

Corporate & Mining Lawyer | M&A & Corporate Finance

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

Kanwar Brar

Commercial Litigation Lawyer at Bennett Jones Toronto

In a recent enforcement decision, CIRO imposed substantial sanctions on a securities dealer and its Ultimate Designated Person (UDP) for improper trading practices and significant compliance failures. The case underscores CIRO&rsquo;s strict approach to &ldquo;tone from the top,&rdquo; particularly where senior executives fail to uphold or promote firm-wide compliance standards. It also highlights that sanctions are assessed independently of liability findings and can include severe financial penalties, bans, and ongoing regulatory oversight of governance structures.

CIRO Issues Stiff Penalties for Dealer Conduct

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Melissa M. Dimilta

Intellectual Property Lawyer at Bennett Jones Toronto

Lorelei Graham

IP Lawyer | Food & Agribusiness

This blog examines why Canada&rsquo;s Federal Court is the preferred venue for pharmaceutical patent litigation. It highlights its specialized expertise, efficient procedures and consistent, precedent-driven decisions.

Northern Advantage Canadas Federal Court as a Venue for Pharmaceutical Patent Litigation

Northern Advantage: Canada's Federal Court as a Venue for Pharmaceutical Patent Litigation

Ahmed Elmallah

Intellectual Property Lawyer at Bennett Jones Edmonton

Counsel, Patent Agent, Trademark Agent

This four-part AI Insights Quick Read series explores how routine generative AI use can expose confidential information, weaken privilege and erode intellectual property value. Using US v. Heppner as a starting point, it examines disclosure risk, shadow AI, content dilution and key implications for Canadian organizations.

Alberta's Limitation Laws

From the Same Authors