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Keely Cameron

Litigation Lawyer at Bennett Jones Calgary

Partner

Chyna Brown

Commercial Litigation Lawyer at Bennett Jones Calgary 

Associate

In Royal Bank of Canada v Patterson Dental Canada Inc, the Alberta Court of Appeal clarified how PPSA priority rules apply where assets used in a corporate business are personally owned by a director. The Court confirmed that ownership and registration against the correct debtor are decisive in priority disputes, and provided guidance on the treatment of leases and the proper distribution of holdbacks in insolvency sales.

Alberta Court of Appeal Clarifies PPSA Priorities in Insolvency Sales

Luke Morrison

Energy Project Development, M&A, and Commercial Transaction Lawyer at Bennett Jones Calgary

Years after an insolvency proceeding is closed, can a solvent co-lessee/working interest participant (WIP) still be on the hook for their former partner’s share of unpaid Crown royalties? A recent Alberta Court of Appeal decision to allow an appeal in <a href="https://www.canlii.org/en/ab/abca/doc/2025/2025abca181/2025abca181.html">Spartan Delta Corp v Alberta (Energy and Minerals), 2025 ABCA 181</a> [Spartan Delta], raises concerns around whether the answer to such question can be 'yes'. The oil and gas industry is closely tracking the outcome of this appeal (anticipated to be heard in Fall 2025) on the basis that if the appeal were to be granted it would create uncertainty for upstream oil & gas joint interest owners as to the impact of insolvency proceedings on existing liabilities (and would have implications for purchasers and WIPs alike in relation to oil & gas M&A out of insolvency proceedings).

Spartan Delta Corp

Spartan Delta Appeal Raises Uncertainty for Co-Lessees After Insolvency

Kelsey J. Meyer

Restructuring & Insolvency Lawyer | Commercial Litigation

Sarah Aaron

Commercial Litigation Lawyer at Bennett Jones Calgary

In late May, the Supreme Court of Canada (the SCC) denied an application for leave to appeal a decision of the Court of Appeal of Alberta, which, in turn, had denied leave to appeal of the decision of the Court of King’s Bench of Alberta in Re Mantle Materials Group, Ltd, 2023 ABKB 488 (Mantle KB). The decision in Mantle KB held that the interests of secured creditors are subordinate to environmental obligations pursuant to the Environmental Protection and Enhancement Act, thus confirming that the priority of environmental obligations determined by the SCC in Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 applies beyond the oil and gas industry.

Supreme Court of Canada Dismisses Leave on Leave in Mantle Materials Group The Priority

Supreme Court of Canada Dismisses Leave-on-Leave in Mantle Materials Group: The Priority of Environmental Obligations Extends Beyond the Oil & Gas Industry

Michael D. Mysak

Corporate & Commercial Litigation Lawyer

A recent <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abca/doc/2024/2024abca139/2024abca139.html" target="_blank">decision </a>out of the Alberta Court of Appeal found that as soon as a company handed over their investigative reports to regulators in connection with a pipeline incident, privilege over the reports was lost.

Submitting an Incident Response Report to a Regulator Consider Privilege Waived

Submitting an Incident Response Report to a Regulator? Consider Privilege Waived

John D. van Gent

Commercial Real Estate Finance Lawyer | Lending & Credit

Quinn Rozwadowski

Articling Student at Bennett Jones in Toronto

Articling Student

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

Partner 

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.

Canadas Q1 2026 MA Landscape

Large Transactions and Sector Concentration Shape Early-2026 Dealmaking

Canada's Q1 2026 M&A Landscape

Artem N. Barsukov FCIArb

International Arbitration Lawyer

Edward W. Hulshof

Commercial Litigation Lawyer at Bennett Jones Vancouver

Paige Lutz

Articling Student at Bennett Jones Vancouver

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

Anu Nijhawan

M&A, Corporate Financing and International Tax Lawyer at Bennett Jones Calgary

Lead Director and Partner

Hennadiy Kutsenko

Tax Lawyer at Bennett Jones Toronto

Counsel

Talia K. Bregman

Management-side Employment Lawyer at Bennett Jones Toronto

Recent guidance from the Organisation for Economic Co-operation and Development provides important clarity on when cross-border remote work arrangements may give rise to a permanent establishment under international tax treaties. The analysis focuses on key indicators such as the duration of remote work and whether there is a commercial reason for an employee&rsquo;s presence in a jurisdiction. The article also outlines practical steps employers can take to mitigate tax risk and manage a globally distributed workforce.

Remote Work Without Borders But Not Necessarily Without Tax Consequences

Remote Work Without Borders—But Not Necessarily Without Tax Consequences: OECD Guidance for a Post-Pandemic World

Ethan Z. Schiff

Class Actions & Commercial Litigation Lawyer

Pavan Pasha

Commercial Litigation Lawyer at Bennett Jones Toronto

In Cervantes v. Pizza Nova Take Out Ltd., the Ontario Divisional Court clarified that civil conspiracy claims must allege an agreement or common design among defendants. The Court held that compliance with a franchisor&rsquo;s requirements alone does not constitute conspiracy. This decision reinforces the need for precise pleadings and upholds the principle of corporate separateness in class action claims.

No Agreement No Conspiracy Ontario Court Affirms Civil Conspiracy Requires a Pleaded Agreement

No Agreement, No Conspiracy: Ontario Court Affirms Civil Conspiracy Requires a Pleaded Agreement

CELF Energy Law Fundamentals Seminar: AER's New Liability Management Framework

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