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Michael S. Shakra

Corporate Lawyer at Bennett Jones Toronto

Partner

Zachary Thacker

Tax Lawyer at Bennett Jones Calgary

Associate

<p><span>Bill C-228, <em>An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985</em> received Royal Assent on April 27, 2023 and is now law, subject to a four-year transitional period before its provisions come into effect.</span></p>
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New Pension Priorities in Bankruptcy and Insolvency are Closer to Reality

New Pension Priorities in Bankruptcy and Insolvency Are Now Reality

Amanda C. McLachlan

Corporate & Regulatory Lawyer | Disputes, Investigations & Compliance

Jaspreet Kaur

Employment Lawyer at Bennett Jones Toronto

In Rayonier v Unifor, Locals 256 and 89 arbitrator Paula Knopf dismissed a union policy grievance which alleged that an age 65 cut-off for long-term disability benefits coverage under the parties' collective bargaining agreement was in violation of the Canadian Charter of Rights and Freedoms.

Age 65 Cut Off for Long Term Disability Benefits Coverage Not a Charter Violation

Age 65 Cut-Off for Long-Term Disability Benefits Coverage Not a Charter Violation

On June 9, 2022, the Canadian Association of Pension Supervisory Authorities published consultation drafts of pension plan guidelines covering <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.capsa-acor.org/Documents/View/1914" target="_blank">environmental, social and governance considerations</a>, as well as <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.capsa-acor.org/Documents/View/1923" target="_blank">cyber</a> and <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.capsa-acor.org/Documents/View/1921" target="_blank">leverage</a>. CAPSA also announced that it is contemplating the establishment of a separate, principles-based risk management guideline, but is inviting comments on whether to instead prepare a single document that combines all of these items into an inclusive risk management guideline.

CAPSA Consultation on ESG Leverage Cyber and Risk Management Guidelines for Pension Plans

CAPSA Consultation on ESG, Leverage, Cyber and Risk Management Guidelines for Pension Plans

On April 28, 2022, the federal government introduced <em>Budget Implementation Act, 2022, No. 1 </em>(Bill C-19) for first reading, to implement certain aspects of the federal government's 2022 Budget. Included in Bill C-19 is a proposed amendment to the <em>Pension Benefits Standards Act, 1985</em> (PBSA) which, if adopted, would make governance policies mandatory for all federally regulated registered pension plans (Federally Regulated Plans). It expands on previously proposed legislation, introduced in 2021, that would have made governance policies a requirement solely for Federally Regulated Plans that are negotiated contribution plans.

Governance Policies to be Required for All Federally Regulated Pension Plans

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

Partner 

Brynne Harding

Litigation Lawyer at Bennett Jones Calgary

The Supreme Court of Canada has resolved one of the most consequential questions left open by <em>Vavilov</em>, 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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Benefits and Pensions Monitor: Relief Measures for Pension Plan Administrators in AB, SK and NS

From the Same Authors