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Artem N. Barsukov FCIArb

International Arbitration Lawyer

Partner

Edward W. Hulshof

Commercial Litigation Lawyer at Bennett Jones Vancouver

Associate

Paige Lutz

Articling Student at Bennett Jones Vancouver

Articling Student

The Alberta Court of Appeal clarified that broadly worded arbitration clauses can extend to statutory claims, including those under the Tort-Feasors Act. Overturning the uncertainty created by Orica, the Court confirmed that parties will be held to their agreement to arbitrate, even where claims arise by operation of law. The decision reinforces commercial certainty and helps avoid parallel proceedings and inconsistent outcomes.

Alberta Court of Appeal Provides Antidote to Consternation on Scope of Arbitration Clauses

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer at Bennett Jones Calgary

Vasilis F. L. Pappas, FCIArb

International Arbitration Lawyer at Bennett Jones Vancouver and Calgary

Partner 

Christopher Petrucci

Commercial Litigation Lawyer at Bennett Jones Calgary

The Alberta Court of Appeal in Husky Oil Operations Limited v Technip Stone & Webster Process Technology Inc, 2024 ABCA 369 recently held that parties attempting to impose an arbitration requirement on third-party beneficiaries of a contract that contains an arbitration clause must make the obligation to arbitrate clear and explicit in the contract.

Clear and Explicit Contractual Language Required to Impose Arbitration on Third Party Beneficiaries

Clear and Explicit Contractual Language Required to Impose Arbitration on Third-Party Beneficiaries

Jonas Patron

Commercial Litigation Lawyer at Bennett Jones Edmonton

Last week, the Ontario Court of Appeal released its decision Lochan v Binance Holdings Limited, 2024 ONCA 784, in which it refused to stay a class action proceeding in favour of arbitration. In doing so, the Court reaffirmed two key exceptions to the kompetenz-kompetenz principle, which gives an arbitral tribunal the power to rule on its own jurisdiction.

Ontario Court of Appeal Strikes Important Balance

Ontario Court of Appeal Strikes Important Balance in Applying Exceptions to the Kompetenz-Kompetenz Principle

A recent decision of the Alberta Court of King’s Bench in Orica Canada Inc v ARVOS GmbH, 2024 ABKB 97 has attracted considerable attention among members of the arbitration bar. In it, the Court of King’s Bench articulated important exceptions to two established principles that, to date, have largely been taken for granted among arbitration practitioners.

Alberta Court Articulates Important Exceptions to the Kompetenz Kompetenz Principle

Alberta Court Articulates Important Exceptions to the Kompetenz-Kompetenz Principle and the Scope of Arbitration Clauses

Jacob Schroeter

Commercial Transactions Lawyer at Bennett Jones Toronto

Quinn Rozwadowski

Articling Student at Bennett Jones in Toronto

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

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

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.

International Law – Alberta School of Business

From the Same Authors

Alberta Court of Appeal Provides Antidote to Consternation on Scope of Arbitration Clauses

Clear and Explicit Contractual Language Required to Impose Arbitration on Third-Party Beneficiaries

Ontario Court of Appeal Strikes Important Balance in Applying Exceptions to the Kompetenz-Kompetenz Principle

Latest Insights

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

Not All Work Will Extend the Lien Period

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

Would The Real Guarantor Please Stand Up

Stay Informed. Stay Ahead.