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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

Brian P. Reid

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

In 2022, amendments to the Prompt Payment and Construction Lien Act (PPCLA) introduced a prompt payment and related fast-track adjudication process. Recently, in Welcome Homes Construction Inc v Atlas Granite Inc, the Alberta's Court of King's Bench interpreted these provisions, considering how they relate to the lien process under the PPCLA. Prior to this case, Alberta courts had not considered the intersection of the adjudication process and the lien process under the PPCLA.

AB Court of Kings Bench Concludes Adjudicator Decisions Under the PPCLA Independent of Lien Validity

Prompt Payment Update—Alberta's Court of King's Bench Concludes Adjudicator Decisions under the PPCLA are Independent of Lien Validity

Brian Reid, Vasilis Pappas, Chris Petrucci and Chris Abtosway write in ReNew Canada about how the wave of prompt payment legislation sweeping across the country offers construction stakeholders adjudication, a new dispute resolution that comes with its own advantages and disadvantages. They take an in-depth look at why strategic decisions made before, during and after the adjudication process can have far-reaching implications. Pitfalls may await those navigating the intersection of adjudication, court and arbitral processes.

Understanding Prompt Payment Adjudication in Construction

Jason D. Roth

Infrastructure Development Project, Engineering, Construction and Procurement Lawyer at Bennett Jones Calgary

Construction projects are often complex and involve many different parties and moving parts. This often necessitates a continued investigation of facts and assessment of legal rights and obligations to ensure that the owner or contractor properly understands its risks and options so that it can make informed decisions. The importance of doing so is heightened where disputes may be on the horizon in respect of common project issues such as change orders, delays, increases in cost, defects, force majeure and mechanical completion.

Protecting Privilege on Construction Projects

Kwang Lim

Corporate and Securities Lawyer at Bennett Jones Vancouver

Vancouver Managing Partner

Angela Blake

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

Laura James

Corporate Lawyer at Bennett Jones Vancouver

Associate

M&amp;A activity in Canada rebounded in Q3 2025, with total deal value rising sharply year-over-year. Our update explores shifting deal structures, the rise of earnouts, cross-border dynamics, and the sectors driving growth.

Canadas Q3 2025 MA Landscape

Canada's Q3 2025 M&A Landscape

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

Dominique Carli

Commercial Transactions Lawyer at Bennett Jones Toronto

Wittington Investments has launched a C$100 million fund to support Canadian food producers with equity or debt financing. Success depends on legal readiness, from IP protection to governance, ensuring businesses are prepared to attract and secure investment.

Legal Readiness for Food Producers Navigating Wittington Investments C100M Fund

Legal Readiness for Food Producers: Navigating Wittington Investments’ C$100M Fund

Kees de Ridder

Intellectual Property Lawyer, Patent Agent and Trademark Agent at Bennett Jones Calgary

Associate, Patent Agent, Trademark Agent

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

The Supreme Court of Canada will hear Pharmascience Inc v Janssen Inc on October 9, 2025, a case that could reshape the scope of patentable subject matter in Canada. At issue is whether a dosing regimen for a pharmaceutical product constitutes an unpatentable method of medical treatment or a valid invention under the Patent Act. The Federal Court and Federal Court of Appeal upheld the patent&rsquo;s validity, but Pharmascience has challenged this position. With several industry groups granted intervenor status, the case is expected to have significant implications not only for the pharmaceutical industry but also for broader questions of what qualifies as an &ldquo;invention,&rdquo; including computer-implemented and AI-related technologies.

Supreme Court to Assess Subject Matter Eligibility in Canadian

Supreme Court to Assess Subject Matter Eligibility in Canadian Patent Law: Implications Beyond the Pharmaceutical Context

AI is transforming performance marketing through hyper-personalization, automated content creation, and data-driven insights&mdash;enhancing efficiency while raising new legal and ethical considerations for brands.

The Implications of AI on Performance Marketing

Sean Zweig

Restructuring, Insolvency and Bankruptcy Lawyer at Bennett Jones Toronto

Andrew Froh

Commercial Litigation Lawyer at Bennett Jones Vancouver

James Atkinson

Articling Student at Bennett Jones 

Articling Student          

A recent decision of the US Bankruptcy Court in Re: Iovate Health Sciences International Inc. provides important insights for Canadian companies involved in cross-border restructurings. The case addresses how debtor companies can rebut the presumption that their &ldquo;center of main interests&rdquo; (COMI) is located at their registered office when seeking Chapter 15 recognition in the United States. Chief Judge Glenn reaffirmed that COMI is determined by a non-exhaustive set of factors, including management, assets, creditors and creditor expectations, and may also be influenced by pre-filing restructuring activities.

CBA - AB Construction Law Section - South Meeting 2018

Authors


Bennett Jones Speaking Engagement CBA - AB Construction Law Section - South Meeting 2018 December 17, 2018 Authors Christopher PetrucciPartner Chris Petrucci co-presented "Case-law update" at the Canadian Bar Association - AB Construction Law Section - South Meeting. Members of the executive reviewed recent cases of significance to the construction industry and discussed their impact in the area of construction law in addition to outlining the practical consequences they may have on the construction project. 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 Christopher Petrucci, Partner Calgary • 403.298.4489 • petruccic@bennettjones.com