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Sean Assié

Regulatory, Environmental and Aboriginal and Indigenous Law Lawyer at Bennett Jones Calgary

Partner

Denise D. Bright

Public and Private Company Financial Transactions and Securities Lawyer at Bennett Jones Calgary

Partner 

David Bursey

Regulatory, Environmental, ESG and Aboriginal Law Lawyer for Energy and Natural Resource Clients at Bennett Jones Vancouver

Clients across Canada and internationally rely on Bennett Jones for strategic legal guidance in the energy sector. Our inclusion in the Lexpert Special Edition: Energy reflects our deep knowledge of our clients’ businesses in energy-related industries.

Twenty Five Bennett Jones Lawyers Ranked in Lexperts Special Edition on Energy

Twenty-Five Bennett Jones Lawyers Ranked in Lexpert's Special Edition on Energy

Keely Cameron

Litigation Lawyer at Bennett Jones Calgary

Luke Morrison

Energy Project Development, M&A, and Commercial Transaction Lawyer at Bennett Jones Calgary

Chyna Brown

Commercial Litigation Lawyer at Bennett Jones Calgary 

Associate

Years after an insolvency proceeding is closed, can a solvent co-lessee/working interest participant (WIP) still be on the hook for their former partner’s share of unpaid Crown royalties? A recent Alberta Court of Appeal decision to allow an appeal in <a href="https://www.canlii.org/en/ab/abca/doc/2025/2025abca181/2025abca181.html">Spartan Delta Corp v Alberta (Energy and Minerals), 2025 ABCA 181</a> [Spartan Delta], raises concerns around whether the answer to such question can be 'yes'. The oil and gas industry is closely tracking the outcome of this appeal (anticipated to be heard in Fall 2025) on the basis that if the appeal were to be granted it would create uncertainty for upstream oil & gas joint interest owners as to the impact of insolvency proceedings on existing liabilities (and would have implications for purchasers and WIPs alike in relation to oil & gas M&A out of insolvency proceedings).

Spartan Delta Corp

Spartan Delta Appeal Raises Uncertainty for Co-Lessees After Insolvency

Sarah E. Gilbert

Regulatory, Environmental and Health and Safety Lawyer at Bennett Jones Toronto

Gatlin Smeijers

Environmental Lawyer at Bennett Jones Toronto

Julia E. Schatz

Commercial Litigation, Agribusiness, Arbitration, Real Estate, Construction and Environmental Litigation at Bennett Jones Toronto

On June 5, 2025, the Competition Bureau (the Bureau) published its <a rel="noopener noreferrer" href="https://competition-bureau.canada.ca/en/how-we-foster-competition/education-and-outreach/publications/environmental-claims-and-competition-act#sec02-2" target="_blank">final Guidelines for environmental claims</a> under the Competition Act (the Act). The Guidelines were created to help businesses and the public understand the Bureau's approach to deceptive marketing provisions under the Act as they relate to environmental claims, including with respect to the new environment-specific provisions that were enacted in 2024. While not binding on the Commissioner of Competition nor the Competition Tribunal, the Guidelines provide visibility into the Bureau's interpretation and approach to environmental claims.

Final Guidelines From the Competition Bureau on Environmental Claims in Canada

Final Guidelines from the Competition Bureau on Environmental Claims in Canada

John M. Mercury

Executive Chair & Chair of the Board and M&A and Corporate Finance Lawyer at Bennett Jones Calgary

Executive Chair & Chair of the Board

Patrick T. Maguire KC

Leading Canadian and International Energy and Commercial Transaction Lawyer at Bennett Jones Calgary

Vice Chair and Partner

Ashley M. White

Corporate, Commercial Transactions, Power & Energy Lawyer at Bennett Jones Calgary

Plains All American Pipeline, L.P. and Plains GP Holdings announced on June 17, 2025 that it has executed definitive agreements with Keyera Corp. pursuant to which Plains will sell substantially all of its NGL business to Keyera for a total cash consideration of approximately C$5.15 billion (US$3.75 billion).

Plains All American Executes Definitive Agreements for Sale of NGL Business to Keyera

Plains All American Executes Definitive Agreements for C$5.15 Billion Sale of NGL Business to Keyera

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

Across the Atlantic, the European Union (EU) and its member states have also been encouraging climate-resilient agri-tech innovation, but their approach to intellectual property incentives has been a bit different. The European Union has set ambitious climate goals (like achieving climate neutrality by 2050) and launched the European Green Deal, a broad policy agenda to support sustainable technologies. While funding and regulations (such as support for sustainable farming practices) are big parts of the EU strategy, there is also recognition that IP rights play an important role in fostering innovation. However, unlike Canada or the recent US pilot program, Europe has not implemented a unified “green channel” for patent examination at the European Patent Office.

Fast Tracks and Green Gaps Part III

Fast Tracks and Green Gaps Part III: Green Without the Label: Europe's Pragmatic IP Approach to Agri-Tech Innovation

Steven L. Major KC

Commercial Dispute, Construction, Fraud, Police and Personal Injury Lawyer at Bennett Jones Calgary

Drew C. Broughton

Corporate Commercial and M&A Lawyer at Bennett Jones Calgary

Kevin Myson

Corporate, Commercial Transaction, Energy, Natural Resource and M&A Lawyer at Bennett Jones Calgary

Canada is navigating a "wild frontier" in the energy industry, with a unique opportunity to forge successful and sustainable partnerships both domestically and internationally. This was the rallying call at the Energy Business Forum during the 74th Canadian Energy Executive Association (CEEA) conference in Banff, Alberta, where industry leaders gathered to share visions for the future of Canada's energy landscape.

Key Takeaways From the Wild Frontier Energy Business Forum CEEA 74

Key Takeaways From the "Wild Frontier" Energy Business Forum at CEEA '74

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Jennifer (Jenn) K. Choi

Maruska Giacchetto

This article examines the Ontario Court of Appeal's decision in J.P. Thomson Architects Ltd. v Greater Essex County District School Board, 2025 ONCA 378, which provides critical clarification on the interpretation of multi-step dispute resolution (MSDR) clauses. MSDR clauses, commonly used in commercial contracts, outline escalating steps such as negotiation, mediation, and arbitration to resolve disputes. The Court addressed ambiguities in the drafting of MSDR timelines, emphasizing that specified timeframes should be interpreted as minimum waiting periods rather than strict deadlines. The decision overturned a lower court ruling that barred a party from arbitration due to a perceived failure to meet a 30-day mediation request deadline. This article highlights the importance of precise drafting in MSDR clauses, discusses the implications of the Court's decision, and provides practical guidance for parties drafting or negotiating dispute resolution provisions in commercial agreements.

Do you need to rush to mediate - Ontario Court of Appeal

Do You Need to Rush to Mediate? Ontario Court of Appeal Clarifies Interpretation of Multi-Step Dispute Resolution Clause

The United States has long been a major player in both agri-tech innovation and the intellectual property (IP) landscape. In the past, the United States Patent and Trademark Office (USPTO) offered its own version of a green patent fast-track to encourage climate-friendly inventions. Notably, in 2009 to 2011 the USPTO ran a Green Technology Pilot Program that prioritized examination for certain eco-friendly patents. The pilot ended in 2012, but more recently the USPTO brought back the idea in June 2022, with the Climate Change Mitigation Pilot Program, which was essentially an accelerated examination program for patent applications directed to fight climate change. Under this program, inventions designed to reduce or monitor greenhouse gas emissions, including many clean energy, sustainability or climate-smart agriculture innovations, could be examined out of turn. Importantly, like Canada’s program, the US pilot did not charge the usual petition fee for expediting. The goal was to spur green tech by making it faster and cheaper to secure IP rights.

Fast Tracks and Green Gaps Part II

Fast Tracks and Green Gaps Part II: Innovation Interrupted: What the End of the USPTO's Green Program Means for Agri-Tech

Climate change is driving a surge in agricultural technology (agri-tech) innovations aimed at making farming more resilient and sustainable. From drought-resistant crops to carbon-capturing soil techniques, these climate-focused agri-tech solutions are crucial for global food security. An often-overlooked piece of this puzzle is intellectual property (IP) strategy, namely how patents and other IP rights are used to protect and incentivize innovation.

Fast Tracks and Green Gaps Part I

Fast Tracks and Green Gaps Part I: Planting the Future: Why Canada's IP System May Be the Climate Innovation Sleeper Hit

Bennett Jones Earns Seven Excellence Awards In 2024 CLAs

Authors


Bennett Jones Announcement Bennett Jones Earns Seven Excellence Awards In 2024 CLAs April 17, 2024 Authors Denise D. BrightPartner John LawlessPartner John M. MercuryExecutive Chair & Chair of the Board Kelsey J. MeyerPartner Luke MorrisonPartner Jon C. TruswellPartner Emrys DavisPartner Bennett Jones is an Excellence Awardee in the Commercial Litigation Team of the Year category in the 2024 Canadian Law Awards. The firm is also acting for six clients who are Excellence Awardees in four separate Deals of the Year categories. The winners of the Canadian Law Awards will be announced at the annual gala event in Toronto on May 9. Bennett Jones' clients are nominated in the following categories: Capital Markets Deal of the Year Hammerhead Resources' business combination with Decarbonization Plus Acquisition Corporation IV, forming Hammerhead Energy Bennett Jones is acting for Decarbonization Plus Acquisition Corporation IV Infrastructure & Projects Deal of the Year Chiniki and Goodstoney First Nations' energy infrastructure equity partnership with ATCO Bennett Jones LLP is acting for ATCO Insolvency & Restructuring Deal of the Year Repsol's restructuring Bennett Jones is acting for Repsol Oil & Gas Inc. Bank of Montreal's acquisition of Loyalty One's AIR MILES reward business Canadian Law Firms Bennett Jones is acting for Ad Hoc Group of Loyalty Ventures Inc. Lenders M&A Deal of the Year Rogers Communications' $26 billion acquisition of Shaw Communications Bennett Jones acted for Videotron Ltd. Strathcona Resources' $8.6 billion acquisition of Pipestone Energy Bennett Jones is acting for Riverstone Pipestone – the largest shareholders of Pipestone Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@bennettjones.com. For informational purposes only This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors. Authors Denise D. Bright, Partner Calgary • 403.298.4468 • brightd@bennettjones.com John Lawless, Partner Calgary • 403.298.3035 • lawlessj@bennettjones.com John M. Mercury, Executive Chair & Chair of the Board Calgary • 403.298.4493 • mercuryj@bennettjones.com Kelsey J. Meyer, Partner • Co-Head of Restructuring & Insolvency Practice Calgary • 403.298.3323 • meyerk@bennettjones.com Luke Morrison, Partner Calgary • 403.298.8158 • morrisonl@bennettjones.com Jon C. Truswell, Partner Calgary • 403.298.3097 • truswellj@bennettjones.com Emrys Davis, Partner • Co-Head of Class Actions Practice Toronto • 416.777.6242 • davise@bennettjones.com