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Matt Riskin

Commercial Litigation, Health and Employment Lawyer at Bennett Jones Edmonton

Partner

Michael H. VanderMeer

Employment Services Lawyer at Bennett Jones Calgary

Associate

Homa Aminnejad

Articling Student at Bennett Jones Calgary

Articling Student

In a recent decision, the Court of King’s Bench of Alberta upheld a freely negotiated termination clause with a sophisticated employee despite evolution to the employee’s role over the term of employment. The employee’s experience and involvement in the negotiations may also be used to resolve any apparent ambiguity in the termination clause.

Employment Termination Clauses Lessons From Singh v Clark Builders

Employment Termination Clauses: Lessons From Singh v Clark Builders

Jenna Vivian

Commercial Litigation Lawyer at Bennett Jones Edmonton

In an age where technology makes recording conversations easy and common, a recent wrongful dismissal case (Wan v H&R Block Canada Inc., <a rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abkb/doc/2024/2024abkb734/2024abkb734.html?resultId=d48fdd0c45c4457cb994e559bdd57032&searchId=2025-01-23T09:08:46:744/7ac350c01d0647318bfe1d1df149d807&searchUrlHash=AAAAAQAqcmVjb3JkaW5nIGF0IHRoZSB3b3JrcGxhY2Ugd2l0aG91dCBjb25zZW50AAAAAAE" target="_blank">2024 ABKB 734</a>) raises important questions about privacy, workplace ethics and the boundaries of “for cause” termination. The matter offers insight into the complexity surrounding after-acquired cause—that is, justifying a dismissal based on evidence discovered after the termination decision.

When is Recording at Work Grounds for Dismissal A Case of Nuance and Context

When is Recording at Work Grounds for Dismissal? A Case of Nuance and Context

James J. Heelan KC

Commercial/Securities Litigation, Employment and Professional Negligence Lawyer and Mediator at Bennett Jones Edmonton

Laura Inglis

Sarah J. Huot

Litigation, Professional Negligence, Health, Employment and Estate Lawyer at Bennett Jones Edmonton

Employee restrictive covenants are often a contentious issue, especially when employees leave to form (or join) competing firms. A recent Alberta Court of King’s Bench decision, People Corporation v Quinn et al. (<a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abkb/doc/2024/2024abkb711/2024abkb711.html" target="_blank">2024 ABKB 711</a>), offers valuable insights into how courts balance the enforceability of restrictive covenants, employee rights, and employer interests. This case revolves around allegations of breach of restrictive covenants and the legal intricacies involved in assessing their validity.

Legal Precedent on Restrictive Covenants in Employment Agreements A Case Study

Legal Precedent on Restrictive Covenants in Employment Agreements—A Case Study

As the festive season begins and employers prepare for holiday social events, they should be digging out their workplace policies and checking them twice. No matter how well-intended, social events that are hosted or planned by an employer, or have some other connection to the workplace, can become a source of legal liability. These are most likely to arise as a result of either or both of the following: social host liability and the fact that company parties are considered to be extensions of the workplace.

Yule Be Sorry Avoiding Pitfalls of Employer Liability at Holiday Events

Yule Be Sorry: Avoiding Pitfalls of Employer Liability at Holiday Events

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.

Trend Watch Determining COMI in US Chapter 15 Proceedings

Trend Watch: Determining COMI in US Chapter 15 Proceedings

Dom Sorbara

Banking & Financial Services Lawyer at Bennett Jones Toronto

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 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 

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BennettJones

Riskin Matthew

Commercial Litigation