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Munaf Mohamed KC

Civil Fraud, Commercial Litigation and International Asset Recovery Lawyer at Bennett Jones Calgary

Lead Director and Partner

Ciara J. Mackey

Commercial Litigation Lawyer at Bennett Jones Calgary

Partner

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

On July 2, 2025, the Court of Appeal of Alberta set aside a C$228 million judgment against   Canadian Pacific Kansas City Limited (CPKC) and the Province of Alberta (the Province), arising from a failed real estate transaction.

Bennett Jones Acts for CPKC in Setting Aside Extraordinary 228 Million Award on Commercial Land Deal

Bennett Jones Acts for CPKC in Setting Aside "Extraordinary" C$228 Million Award on Commercial Land Deal

Bennett Jones acted for Canadian Pacific Kansas City Limited (CPKC), one of North America's largest railway companies, in a successful appeal overturning a $228 million judgment arising from a failed real estate transaction.

Bennett Jones Acts for Canadian Pacific Kansas City Limited in Overturning 228 Million Judgment

Bennett Jones Acts for Canadian Pacific Kansas City Limited in Overturning C$228 Million Judgment

Blair C. Yorke-Slader KC

Leading Corporate, Commercial and Energy Litigation Lawyer at Bennett Jones Calgary

Vice Chair and Partner

E. Bruce Mellett KC

Energy, Insurance, Professional Liability and Construction Litigation Lawyer at Bennett Jones Calgary

Partner 

Bennett Jones acted as lead counsel for Dow Chemical in securing a historic C$3.56 billion judgment against NOVA Chemicals—the largest commercial damages award in Canadian history. The case involved a long-standing dispute over the operation of a jointly owned ethylene plant in Alberta. The Bennett Jones team included Blair Yorke-Slader KC, Bruce Mellett KC, Ciara Mackey, David Wahl, Adam Williams, Russ Kruger, Liz Allum, and Tao Browne.

Bennett Jones Acts for Dow Chemical in Successful 3 56 Billion Contract Claim

Bennett Jones Acts for Dow Chemical in Successful $3.56 Billion Contract Claim

Michael D. Mysak

Corporate, Fraud and Securities Litigation and Shareholder Dispute Lawyer at Bennett Jones Calgary

David R. McKinnon

Energy & Environmental Litigation, Commercial Disputes, and Health Law at Bennett Jones Calgary

In the glow of negotiating a commercial lease, no landlord or tenant wants to think about how it might end early. But recent developments again remind us that a nuanced termination clause will significantly affect if, when and how a termination right is triggered.

Lease Termination Clauses

Lease Termination Clauses: Know the Target Before Pulling the Trigger

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

Associate

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

Title Alphabetical

Title

BennettJones

Meyer Kelsey

Mackey Ciara

Clark Stephanie

Romaniuk Paul

Williams Adam

Commercial Litigation

SCC Sets Out Framework for Deciding When Arbitration Clauses Can Be Overridden in Insolvency Cases


Bennett Jones In The News SCC Sets Out Framework for Deciding When Arbitration Clauses Can Be Overridden in Insolvency Cases November 10, 2022 Authors Kelsey J. MeyerPartner Ciara J. MackeyPartner Stephanie ClarkAssociate Paul RomaniukAssociate Adam J. WilliamsAssociate Kelsey Meyer is featured in The Lawyer's Daily after the successful representation of the respondents in the case of Peace River Hydro Partners v. Petrowest Corp, 2022 SCC 41. Kelsey reviews the impacts of Justice Côté's non-exhaustive list of factors on future cases. "In this case, the court-appointed receiver established that the arbitration agreements were inoperative because multiple arbitral processes would compromise the orderly and efficient resolution of the receivership, contrary to the objectives of the BIA." Kelsey was joined in this representation by Bennett Jones' Ciara Mackey, Stephanie Clark, Paul Romaniuk and Adam Williams. The full article can be read on The Lawyer's Daily website. 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 Kelsey J. Meyer, Partner • Co-Head of Restructuring & Insolvency Practice Calgary • 403.298.3323 • meyerk@bennettjones.com Ciara J. Mackey, Partner Calgary • 403.298.3005 • mackeyc@bennettjones.com Stephanie Clark, Associate Calgary • 403.298.3087 • clarks@bennettjones.com Paul Romaniuk, Associate Calgary • 403.298.3062 • romaniukp@bennettjones.com Adam J. Williams, Associate Calgary • 403.298.3307 • williamsa@bennettjones.com

SCC Sets Out Framework for Deciding When Arbitration Clauses Can Be Overridden in Insolvency Cases

Authors