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Daniel (Dan) R. Chubb

Corporate Commercial Lawyer at Bennett Jones Edmonton

Partner

Joan Bilsland

Knowledge Management Research Lawyer

Luke Stretch

Commercial Real Estate Lawyer

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

Tech & Data, National Practice Group Leader 

Scott H. D. Bower KC

Corporate, Commercial, Securities and Energy Lawyer

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

Kristopher R. Hanc

M&A and Capital Markets Lawyer

Christopher J. Doucet

Corporate & Mining Lawyer | M&A & Corporate Finance

Aidyn Bhatia

Lawyer at Bennett Jones Toronto

The Canadian Securities Administrators (CSA) has launched a broad consultation on modernizing the regulation of public companies, examining venture issuer status, financial reporting, resale restrictions, material change reporting and alignment with U.S. developments. The Consultation Paper includes a proposed qualified institutional purchaser exemption that could provide eligible reporting issuers with greater flexibility to raise capital without traditional resale hold periods. Stakeholders have until November 13, 2026, to submit comments.

CSA Publishes Sweeping Consultation on Modernizing the Regulation of Public Companies

Meg Tweedlie

Director, Student Talent

Samuel Judson

Commercial Real Estate Lawyer at Bennett Jones Toronto

Change of control provisions in commercial leases can create uncertainty for both landlords and tenants, particularly where terms such as &ldquo;control&rdquo; and &ldquo;effective control&rdquo; are undefined. This article examines the Canadian legal landscape, key case law and Section 23 of Ontario&rsquo;s Commercial Tenancies Act, and offers practical considerations for drafting and negotiating change of control provisions. It also highlights potential carve-outs and strategies to reduce ambiguity and the risk of future disputes.

change of Control of Commercial Tenants Drafting

Change of Control of Commercial Tenants: Drafting, Interpretation and Practical Considerations

Akhila Sandhu

Summer Student

Morgan Sutherland

Associate 

Michael C. Smith

Litigation Lawyer at Bennett Jones Toronto

The United Nations has adopted the first global regulatory framework for Automated Driving Systems, establishing safety, cybersecurity, testing and monitoring requirements for Level 3, 4 and 5 automated vehicles. This article examines the framework&rsquo;s implications for Canada, including how Transport Canada may incorporate the requirements into domestic vehicle safety standards and what manufacturers and suppliers should consider as regulation evolves.

First Global Regulatory Framework For Autonomous Vehicles

First Global Regulatory Framework For Autonomous Vehicles: Key Takeaways For Canada And The Auto Industry

Martin Ignasiak KC

Energy & Industrial Projects Lawyer

Head of Energy Regulatory

Michael P. Theroux KC

Commercial Litigation, Arbitration & Energy Litigation Lawyer

Brynne Harding

Litigation Lawyer at Bennett Jones Calgary

The Supreme Court of Canada has resolved one of the most consequential questions left open by Vavilov, and which has divided jurisprudence in lower courts since then&mdash;whether judicial review is constitutionally guaranteed or can be barred by privative clauses.

Big Implications for Appeals from Administrative Tribunals

The Supreme Court Settles the Constitutional Floor for Judicial Review in Democracy Watch v Canada

Ethan Z. Schiff

Class Actions & Commercial Litigation Lawyer

Jenna Vivian

Commercial Litigation Lawyer at Bennett Jones Edmonton

The Supreme Court of Canada&rsquo;s decision in SS&amp;C Technologies Canada Corporation v. Bank of New York Mellon Corporation, 2026 SCC 29, revisits the doctrine of spoliation and confirms that courts must draw an adverse inference when intentional destruction of relevant evidence is established. The decision provides guidance on the test for spoliation, the scope of mandatory adverse inferences and the importance of preserving evidence during litigation.

The Supreme Court of Canada Affirms Mandatory Adverse Inference in Cases of Spoliation

The Supreme Court of Canada Affirms Mandatory Adverse Inference for Spoliation

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Host Liability, 10th Edition

From the Same Authors