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Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

J. Sébastien A. Gittens

Intellectual Property and Technology Commercialization Lawyer at Bennett Jones Calgary

Scott H. D. Bower KC

Corporate, Commercial, Securities and Energy Lawyer at Bennett Jones Calgary

Partner 

Canadian courts and law societies, alike, are faced with an ever-evolving challenge: straddling the line between recognizing the potential benefits of emergent generative artificial intelligence (GenAI), while balancing the associated risks of using this technology. Principle to these associated risks is the ability of GenAI to "hallucinate" (i.e., generate incorrect information).

Unchartered Territories Canadian Courts and Law Societies Grapple with the Use of Generative

Unchartered Territories: Canadian Courts and Law Societies Grapple with the Use of Generative Artificial Intelligence Tools

Julia E. Schatz

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

The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abca/doc/2024/2024abca60/2024abca60.html" target="_blank">Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024 ABCA 60</a>. Section 218 of Alberta's Environmental Protection and Enhancement Act, RSA 2000, c E-12 gives a judge discretion to extend a limitation period "where the basis for the proceeding is an alleged adverse effect resulting from the alleged release of a substance into the environment".  However, no extension was granted in the case of a claim for remediation costs against other alleged contributors to a pipeline spill.

Extending Discretion Balancing the Limitations Act and Environmental Remediation Claims

Extending Discretion: Balancing the Limitations Act and Environmental Remediation Claims

Russell J. Kruger

Research Lawyer at Bennett Jones Calgary

Counsel

Heather Taskey

Commercial Litigation Lawyer at Bennett Jones Calgary

Associate

Separate corporate personality is not a loophole or technicality, but is an essential principle of corporate law, the Alberta Court of Appeal recently reiterated in <a rel="noopener noreferrer" href="https://canlii.ca/t/jzbmj" target="_blank">Condominium Corporation No. 0828219 v Carrington Holdings Ltd., 2023 ABCA 222</a> [Carrington] and <a href="https://canlii.ca/t/jzf2t" target="_self">Swanby v Tru-Square Homes Ltd, 2023 ABCA 224</a> [Swanby]. Together, Carrington and Swanby highlight the powerful impact of separate corporate personality on shareholder liability for the actions of their corporations.

Separate Corporate Personality Remains Alive and Well in Alberta

Preet K. Gill

Restructuring, Insolvency and Complex Litigation Lawyer at Bennett Jones Toronto

Toronto Managing Partner

Legislation must show a clear, explicit and unequivocal intention to abrogate privilege before a party is required to disclose privileged information, the Ontario Court of Appeal reiterated in its recent decision of <a rel="noopener noreferrer" href="https://canlii.ca/t/jwz8q" target="_blank">Ontario (Auditor General) v. Laurentian University, 2023 ONCA 299</a>.

Privilege is Sacrosanct Ontario Court of Appeal Affirms High Threshold for Abrogation of Privilege

Privilege is Sacrosanct: Ontario Court of Appeal Affirms High Threshold for Abrogation of Privilege

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 PE Briefing Q3 2025

The Q3 2025 PE Briefing

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer at Bennett Jones Calgary

Brian P. Reid

Litigation, Construction, Joint Venture Agreement and Builder's Lien Lawyer at Bennett Jones Calgary

Aly Parth

Articling Student at Bennett Jones in Calgary 

Articling Student 

The Alberta Court of Appeal&rsquo;s decision in Tempo v. Man-Shield confirms that equitable set-off is a true defence capable of precluding summary judgment in construction disputes. The ruling emphasizes that where claims and cross-claims are inseparably connected, courts must account for both to avoid unjust outcomes. This case provides important guidance for contractors, subcontractors and counsel navigating payment disputes and litigation strategy in the construction sector

Equitable Set Off A True Defence That May Preclude Summary Judgment

Equitable Set-Off: A True Defence That May Preclude Summary Judgment 

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Online sweepstakes in Canada offer strong marketing potential but face strict legal requirements around compliance, privacy and advertising. With AI now driving personalization, fraud detection and data analysis, businesses must balance innovation with transparency and fairness.

Navigating the World of Online Canadian Sweepstakes

Navigating the World of Online Canadian Sweepstakes: Legal Pitfalls and the Role of AI

Wesley R. Novotny

Corporate Tax Lawyer at Bennett Jones Calgary

Wade Ritchie

Tax Lawyer at Bennett Jones Calgary

Zachary Thacker

Canada has proposed amendments to its employee ownership trust (EOT) rules that improve clarity, reduce risks from disqualifying events, and expand access to the C$10 million capital gains deduction. These changes make EOTs a more practical and attractive succession planning tool for business owners.

Scott Bower and Joan Bilsland Discuss Party Host Liability

From the Same Authors

Unchartered Territories: Canadian Courts and Law Societies Grapple with the Use of Generative Artificial Intelligence Tools

Extending Discretion: Balancing the Limitations Act and Environmental Remediation Claims

Separate Corporate Personality Remains Alive and Well in Alberta

Latest Insights

The Q3 2025 PE Briefing

Equitable Set-Off: A True Defence That May Preclude Summary Judgment

Equitable Set-Off: A True Defence That May Preclude Summary Judgment

Navigating the World of Online Canadian Sweepstakes: Legal Pitfalls and the Role of AI

Stay Informed. Stay Ahead.