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Dom Sorbara

Banking & Financial Services Lawyer at Bennett Jones Toronto

Partner

Elizabeth K. Dylke

Corporate and Private Funds Lawyer

James G. Morand

Tax Lawyer at Bennett Jones Toronto

This edition of the PE Briefing examines private equity developments in the third quarter of 2025, including trends in Canadian and global deal activity, the continued growth and complexity of private credit, Ontario&rsquo;s advantages as a jurisdiction for non-US flow-through vehicles, and practical considerations in the drafting of earnouts.

The Q3 2025 PE Briefing

Mia Bacic

Corporate and Securities Lawyer at Bennett Jones Vancouver

James D. Beeby

Corporate Finance, M&A, Private Equity and Venture Capital Lawyer

Sarah Harper

The <em>PE Briefing: Q2 2025</em> explores the private equity landscape amid global and Canadian uncertainty, highlighting challenges such as tariffs, geopolitical tensions and extended due diligence slowing deal-making. Despite these hurdles, opportunities exist in resilient sectors like IT, AI and clean energy, driven by long-term trends such as electrification and liquidity demands in secondary markets. The report emphasizes the importance of adaptability, with ESG and AI becoming integral to strategies and notes a slowdown in Canadian deal activity alongside a rise in corporate carve-outs globally. Staying informed and agile remains critical for navigating volatility and capitalizing on emerging opportunities.<br />

The Q2 2025 PE Briefing

Andrew N. Disipio

Securities, Corporate Finance and Mergers & Acquisitions Lawyer at Bennett Jones Toronto

Tekarra Valiulis

Associate at Bennett Jones Vancouver

Associate

<span>The Canadian Securities Administrators (CSA) is undertaking a significant overhaul of National Instrument 43-101 – <em>Standards of Disclosure for Mineral Projects</em> (the Instrument), Form 43-101F1 – Technical Report (the Form) and the related Companion Policy 43-101CP (the Companion Policy). On February 13, 2025 the British Columbia Securities Commission released BC Notice 2025/01 (the Notice) providing an update on the process</span>

Updated Rules for Mining Disclosure

Updated Rules for Mining Disclosure: What the Canadian Securities Administrators Proposed Changes Mean for Industry Participants

<p><span>Global private secondary market transaction volume hit an all-time high of USD$160 billion in FY-2024, which is up 41% from 2023 and has surpassed projections. Private market secondaries have been gaining momentum due to the rapid innovation of products and structures. Secondaries are also adapting to market forces and the rise in global uncertainty.</span></p>
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Private Equity Secondaries Adapting to Illiquidity and Risk

Private Equity Secondaries: Adapting to Illiquidity and Risk

Lisa Kakoske

Corporate and Securities Lawyer

Samantha Chenatte

<p>Globally, women represent nearly half of the agricultural workforce, yet they still face systemic barriers that prevent them from accessing, using and contributing to innovations in agricultural technology (Agritech), which is poised to transform agricultural systems across the world.</p>

Gender Inclusivity Driving Growth in Agritech Industry

Sara G. Parchello

Employment Lawyer at Bennett Jones Toronto

David Cassin

Brendan J. Weiler

Employment Services Lawyer at Bennett Jones Toronto

Two recent Ontario Superior Court decisions&mdash;<em>Li v Wayfair Canada Inc. </em>and <em>Jones v Strides Toronto</em>&mdash;clarify that the phrase &ldquo;at any time&rdquo; in a termination clause does not automatically invalidate an employment agreement under the ESA. While both cases distinguish earlier restrictive rulings, ongoing inconsistencies, including the <em>Chan </em>decision, highlight the need for appellate guidance. Employers should continue to review contracts carefully to ensure ESA compliance.

Termination At Any Time A Review of Recent Developments

Termination “At Any Time”? A Review of Recent Developments from Li v Wayfair Canada Inc. and Jones v Strides Toronto

Mykala Way

Commercial Real Estate Lawyer at Bennett Jones Toronto

Jane C. Helmstadter

Real Estate Lawyer at Bennett Jones Toronto

The Ontario Court of Appeal&rsquo;s decision in 100 Bloor Street West Corporation v. Barry&rsquo;s Bootcamp Canada Inc. underscores the risks of vague realty tax provisions in commercial leases. The case highlights how inconsistent or ambiguous calculation methods can expose both landlords and tenants to costly litigation. Clear, consistent, and fair drafting of tax allocation clauses is essential to avoid disputes and ensure predictable outcomes.

One Method Many Taxes Lease Interpretation and Realty Tax

One Method, Many Taxes: Lease Interpretation and Realty Tax Allocation in 100 Bloor Street West v. Barry’s Bootcamp

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Vanessa Kiraly

A recent Ontario Superior Court decision underscores the importance of precise lease drafting. In Malleum Real Estate v. Donut Monster, the court held that tenant obligations began on the fixed commencement date&mdash;regardless of unfinished landlord improvements or pandemic disruptions. The ruling highlights that assumptions cannot override clear lease terms and offers practical lessons for both landlords and tenants.

When Assumptions Break Leases The Need for Clear Terms

When Assumptions Break Leases: The Need for Clear Terms

Vasilis F. L. Pappas, FCIArb

International Arbitration Lawyer at Bennett Jones Vancouver and Calgary

Partner 

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Geoffrey P. Stenger

Project Development, Energy, Infrastructure and Construction Lawyer at Bennett Jones Calgary

On October 7, 2025, British Columbia introduced Bill 20, the Construction Prompt Payment Act. If enacted, it will overhaul payment timelines and create a fast-track adjudication process for construction disputes. The legislation is expected to significantly impact owners, contractors and subcontractors across the province.

Bennett Jones Welcomes Vancouver's McCullough O'Connor Irwin

From the Same Authors