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David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer at Bennett Jones Calgary

Partner

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

Artem N. Barsukov FCIArb

International Arbitration and Construction Lawyer at Bennett Jones Edmonton

Jonas Patron

Commercial Litigation Lawyer at Bennett Jones Edmonton

Associate

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

The inaugural edition of Arbitration Angle provides a well-rounded examination of recent arbitration developments, segmenting them into three categories: domestic, international and in practice. A comprehensive source of updates in the field from the past year, the newsletter features diversified perspectives from experience practitioners, offering a solid foundation for safeguarding legal rights in arbitration in the year ahead.

Arbitration Angle 2023 Edition

Reflecting on a Year of Decisions and Looking Ahead

Arbitration Angle: 2023 Edition

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Vanessa Kiraly

Commercial Real Estate Lawyer at Bennett Jones Toronto

A recent Ontario Superior Court decision underscores the importance of precise lease drafting. In Malleum Real Estate v. Donut Monster, the court held that tenant obligations began on the fixed commencement date&mdash;regardless of unfinished landlord improvements or pandemic disruptions. The ruling highlights that assumptions cannot override clear lease terms and offers practical lessons for both landlords and tenants.

When Assumptions Break Leases The Need for Clear Terms

When Assumptions Break Leases: The Need for Clear Terms

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Geoffrey P. Stenger

Project Development, Energy, Infrastructure and Construction Lawyer at Bennett Jones Calgary

On October 7, 2025, British Columbia introduced Bill 20, the Construction Prompt Payment Act. If enacted, it will overhaul payment timelines and create a fast-track adjudication process for construction disputes. The legislation is expected to significantly impact owners, contractors and subcontractors across the province.

BC Introduces Prompt Payment Legislation

B.C. Introduces Prompt Payment Legislation

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Jesse Mighton

Insolvency and Restructuring Lawyer at Bennett Jones Toronto

Nyrie Israelian

Intellectual Property at Bennett Jones Toronto

The Office of the Superintendent of Bankruptcy has issued new guidance on the use of AI tools by Licensed Insolvency Trustees. The guidance underscores the need for oversight, accuracy, transparency, and adherence to professional obligations as AI becomes more integrated into insolvency practice.

OSB Issues New Guidance

OSB Issues New Guidance: What Licensed Insolvency Trustees Must Know about AI Tools 

Simon Grant

Banking & Finance Lawyer, Fintech Lawyer at Bennett Jones Toronto

Jessica B. Horwitz

International Trade Lawyer, Customs Lawyer, Regulatory Lawyer, Anti-Corruption and Economic Sanctions Lawyer at Bennett Jones Toronto

Andrew Bozzato

Corporate, M&A, Securities Lawyer at Bennett Jones Toronto

FINTRAC imposed a record $176.9 million penalty on cryptocurrency exchange Cryptomus for thousands of AML/KYC violations. The case underscores regulators&rsquo; increasing focus on compliance, with additional sanctions from the BCSC for operating without registration. Exchanges serving Canadian clients must ensure strict adherence to AML, KYC and securities laws to avoid similar consequences.

176 9 million fine against cryptocurrency exchange from FINTRAC demonstrates costs of non compliance

C$176.9 Million Fine Against Cryptocurrency Exchange From FINTRAC Demonstrates Costs of Non-Compliance

Alex Payne

Commercial Litigation Lawyer at Bennett Jones Toronto

The Ontario Superior Court in Feldt Electric Ltd v Gorbern Mechanical Contractors held that non-compliance with an adjudicator&rsquo;s determination does not automatically invalidate a lien. The decision underscores the importance of jurisdiction and procedural fairness in construction disputes under Ontario&rsquo;s prompt payment and adjudication regime.

International Law – Alberta School of Business

Authors


Bennett Jones Speaking Engagement International Law – Alberta School of Business February 28, 2019 Authors Artem N. Barsukov FCIArbPartner Artem appears as a guest lecturer for BLAW 442 – International Law course at the Alberta School of Business. 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 Artem N. Barsukov FCIArb, Partner Edmonton • 780.917.4266 • barsukova@bennettjones.com