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Simon P. Crawford

Leading Commercial Real Estate Lawyer at Bennett Jones Toronto

Partner

Vanessa Kiraly

Commercial Real Estate Lawyer at Bennett Jones Toronto

Associate

In<em> Oliva v. Dickson (2025 ONSC 6666)</em>, the Ontario Superior Court confirmed that Building Code compliance can be an implied term of an Agreement of Purchase and Sale and a basis for vendor-builder liability in negligence. Even without structural failure or express contractual representations, failing to obtain required permits may breach both contractual and tort duties. The decision is a cautionary reminder that regulatory compliance defines both legal risk and commercial expectations in real estate transactions.

No Permit Big Problems

No Permit, Big Problems: Building Code Compliance,  Implied Terms and Vendor-Builder Liability in Ontario

Dana Talucci

Corporate Commercial Practice at Bennett Jones Toronto

Hennadiy Kutsenko

Tax Lawyer at Bennett Jones Toronto

Counsel

A court decision on the sale of mixed-use property highlights the risks of failing to allocate purchase price between residential and commercial portions for HST purposes. The ruling underscores the importance of precise drafting and obtaining representations to avoid uncertainty and tax disputes.

Mixed-Use Mixed Signals Why Purchase Price Allocations Matter

Mixed-Use, Mixed Signals: Why Purchase Price Allocations Matter

Curtis A. Cusinato

Cross-border Mergers and Acquisitions and Capital Markets Lawyer at Bennett Jones Toronto

Vice Chair and Partner

Bronwynn Shaw

Corporate Commercial Lawyer at Bennett Jones Toronto

Kristopher R. Hanc

M&A and Capital Markets Lawyer at Bennett Jones Toronto

After a year marked by headline-making large-cap transactions, Canada&rsquo;s M&amp;A market enters 2026 with measured confidence. This update analyzes the data behind recent deal activity, explores the evolving role of infrastructure, private capital and credit markets and highlights the risks and opportunities shaping the year ahead.

Canadas Q4 2025 M and A Landscape

Measured Confidence in Canada's M&A Landscape in 2026

Canada's Q4 2025 M&A Landscape

John Lawless

Private Equity, M&A, Corporate and Securities Lawyer at Bennett Jones Calgary

James D. Beeby

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

<p>The Supreme Court of Canada has released its much-anticipated decision in Lundin Mining Corp. v. Markowich, 2025 SCC 39, clarifying the definition of a "material change" under securities law and providing guidance on when a public company must disclose information to the market. The decision will have broad implications for public companies, their directors, officers, shareholders and other market participants.</p>

Supreme Court of Canada Clarifies Scope of Securities Disclosure Obligations for Material Changes

Shifting Grounds: Supreme Court of Canada Clarifies Scope of Securities Disclosure Obligations for "Material Changes"

Jacob Schroeter

Commercial Transactions Lawyer at Bennett Jones Toronto

Quinn Rozwadowski

Articling Student at Bennett Jones in Toronto

Articling Student

This article examines the Ontario Court of Appeal&rsquo;s decision in McDonald&rsquo;s v. North Elgin, confirming that landlords cannot terminate long-term leases due to missing Planning Act consent where the approval process remains ongoing. It highlights the importance of &ldquo;saving clauses,&rdquo; cooperation obligations, and the retroactive curing effect of consent under the Planning Act. The decision reinforces that parties must honour their contractual commitments despite administrative delays.

Anchored Down Long Term Leases and the Limits on Landlord Exit Rights

Anchored Down:  Long-Term Leases and the Limits on Landlord Exit Rights

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer at Bennett Jones Calgary

Christopher Petrucci

Commercial Litigation Lawyer at Bennett Jones Calgary

Brian P. Reid

Construction & Energy Litigation Lawyer

The Alberta Court of King&rsquo;s Bench in Phoenix Treatment Systems Ltd v 1924613 Alberta Ltd confirmed that not all activities qualify as lienable work capable of extending lien deadlines under the Prompt Payment and Construction Lien Act. The decision reinforces that only work sufficiently connected to the construction process will extend the registration period. Parties should take care to accurately identify the last day of lienable work, as errors may invalidate an otherwise enforceable lien.

Not All Work Will Extend the Lien Period

Stephen D. Burns

Energy & Infrastructure Technology Lawyer | IT/OT & Markets

Partner, Trademark Agent

J. Sébastien A. Gittens

Technology Lawyer & Trademark Agent

David Wainer

Commercial Transactions Lawyer at Bennett Jones Calgary

The recent decision by Anthropic to temporarily withhold public release of its powerful new artificial intelligence model, Claude Mythos (Mythos), is a stark reminder of how cybersecurity must rapidly evolve to keep pace with AI.

AI Powered Cyber Threats Are Changing the Risk Equation Are Your Vendors Ready

AI-Powered Cyber Threats Are Changing the Risk Equation—Are Your Vendors Ready?

John D. van Gent

Commercial Real Estate Finance Lawyer | Lending & Credit

This article examines a common misconception in mortgage lending: the perceived need for guarantees from beneficial owners and general partners. It explains why such guarantees are typically unenforceable due to fundamental principles of agency and guarantee law. The piece also outlines clearer, more effective approaches to structuring mortgage loan relationships.

Would The Real Guarantor Please Stand Up

Andrew N. Disipio

Mining & Corporate Finance Lawyer | M&A, Equity & Debt Deals

Geoffrey P. Stenger

Energy, Infrastructure & Construction Lawyer | Bennett Jones Calgary

Partner 

Alexis Fol

Project Development, Energy and Infrastructure Lawyer at Bennett Jones Montreal

Canada&rsquo;s M&amp;A market entered 2026 with moderated activity but sustained underlying strength, as dealmakers adopted a more selective and strategic approach. Large transactions drove a significant share of total value, with energy, mining and infrastructure leading activity. As regulatory clarity improves and investor confidence builds, the market is well positioned for increased dealmaking through the remainder of the year.

Canadas Q1 2026 MA Landscape

Large Transactions and Sector Concentration Shape Early-2026 Dealmaking

Canada's Q1 2026 M&A Landscape

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Hanc Kristopher

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Bennett Jones Congratulates KingSett Capital on 94 Billion Acquisition of First Capital REIT

Bennett Jones Congratulates KingSett Capital on C$9.4 Billion Acquisition of First Capital REIT

Authors


Bennett Jones Client Work Bennett Jones Congratulates KingSett Capital on C$9.4 Billion Acquisition of First Capital REIT April 17, 2026 Authors Simon P. CrawfordPartner Kristopher R. HancPartner Bennett Jones congratulates KingSett Capital and Choice Properties REIT in connection with their announced C$9.4 billion proposed acquisition of First Capital REIT, which is expected to be a landmark Canadian commercial real estate transaction. Bennett Jones acted for KingSett Capital, a leading Canadian private equity real estate investment firm with a focus on growth, income and urban development strategies. Bennett Jones' multidisciplinary team included lawyers in its M&A, real estate, debt, corporate, tax and competition practices. The Bennett Jones team was led by Simon Crawford (Real Estate) and Kris Hanc (M&A and Capital Markets). Read more on KingSettcapital.com Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Bryan Canning at canningb@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 Simon P. Crawford, Partner • Head of Real Estate Industry Team Toronto • 416.777.4815 • crawfords@bennettjones.com Kristopher R. Hanc, Partner • Co-Head of Corporate Department; Co-Head of Capital Markets Practice Toronto • 416.777.7395 • hanck@bennettjones.com