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Sean Assié

Regulatory, Environmental and Aboriginal and Indigenous Law Lawyer at Bennett Jones Calgary

Partner

Denise D. Bright

Public and Private Company Financial Transactions and Securities Lawyer at Bennett Jones Calgary

Partner 

David Bursey

Regulatory, Environmental, ESG and Aboriginal Law Lawyer for Energy and Natural Resource Clients at Bennett Jones Vancouver

Clients across Canada and internationally rely on Bennett Jones for strategic legal guidance in the energy sector. Our inclusion in the Lexpert Special Edition: Energy reflects our deep knowledge of our clients’ businesses in energy-related industries.

Twenty Five Bennett Jones Lawyers Ranked in Lexperts Special Edition on Energy

Twenty-Five Bennett Jones Lawyers Ranked in Lexpert's Special Edition on Energy

Keely Cameron

Litigation Lawyer at Bennett Jones Calgary

Luke Morrison

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

Chyna Brown

Commercial Litigation Lawyer at Bennett Jones Calgary 

Associate

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

Duncan McPherson

Energy, Water and Aboriginal Business Corporate Commercial Lawyer at Bennett Jones Vancouver

On March 21, 2025, Prime Minister Carney <a rel="noopener noreferrer" href="https://www.pm.gc.ca/en/news/readouts/2025/03/21/prime-minister-carney-meets-leaders-national-indigenous-organizations" target="_blank">announced important changes to the federal Indigenous Loan Guarantee Program</a> (Program). The Government of Canada doubled funding for the Program from C$5billion to C$10 billion and opened the Program to sectors outside of energy and natural resources. Prime Minister Carney noted this expansion "will ensure that rights-holders are a part of Canada's accelerated push to build."

Government of Canada Doubles Funding for Federal Indigenous Loan Guarantee Program

John M. Mercury

Executive Chair & Chair of the Board and M&A and Corporate Finance Lawyer at Bennett Jones Calgary

Executive Chair & Chair of the Board

Kristos J. Iatridis

Private Equity, M&A, Securities and Corporate Commercial Lawyer at Bennett Jones Calgary

John Lawless

Private Equity, M&A , Corporate and Securities Lawyer at Bennett Jones Calgary

Vermilion Energy has announced it has entered into an agreement to acquire Westbrick Energy for total consideration of C$1.075-billion.

Vermilion Energy Announces Acquisition of Westbrick Energy

Vermilion Energy Announces $1.075 Billion Acquisition of Westbrick Energy

Lorelei Graham

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

Across the Atlantic, the European Union (EU) and its member states have also been encouraging climate-resilient agri-tech innovation, but their approach to intellectual property incentives has been a bit different. The European Union has set ambitious climate goals (like achieving climate neutrality by 2050) and launched the European Green Deal, a broad policy agenda to support sustainable technologies. While funding and regulations (such as support for sustainable farming practices) are big parts of the EU strategy, there is also recognition that IP rights play an important role in fostering innovation. However, unlike Canada or the recent US pilot program, Europe has not implemented a unified “green channel” for patent examination at the European Patent Office.

Fast Tracks and Green Gaps Part III

Fast Tracks and Green Gaps Part III: Green Without the Label: Europe's Pragmatic IP Approach to Agri-Tech Innovation

Steven L. Major KC

Commercial Dispute, Construction, Fraud, Police and Personal Injury Lawyer at Bennett Jones Calgary

Drew C. Broughton

Corporate Commercial and M&A Lawyer at Bennett Jones Calgary

Kevin Myson

Corporate, Commercial Transaction, Energy, Natural Resource and M&A Lawyer at Bennett Jones Calgary

Canada is navigating a "wild frontier" in the energy industry, with a unique opportunity to forge successful and sustainable partnerships both domestically and internationally. This was the rallying call at the Energy Business Forum during the 74th Canadian Energy Executive Association (CEEA) conference in Banff, Alberta, where industry leaders gathered to share visions for the future of Canada's energy landscape.

Key Takeaways From the Wild Frontier Energy Business Forum CEEA 74

Key Takeaways From the "Wild Frontier" Energy Business Forum at CEEA '74

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Jennifer (Jenn) K. Choi

Maruska Giacchetto

This article examines the Ontario Court of Appeal's decision in J.P. Thomson Architects Ltd. v Greater Essex County District School Board, 2025 ONCA 378, which provides critical clarification on the interpretation of multi-step dispute resolution (MSDR) clauses. MSDR clauses, commonly used in commercial contracts, outline escalating steps such as negotiation, mediation, and arbitration to resolve disputes. The Court addressed ambiguities in the drafting of MSDR timelines, emphasizing that specified timeframes should be interpreted as minimum waiting periods rather than strict deadlines. The decision overturned a lower court ruling that barred a party from arbitration due to a perceived failure to meet a 30-day mediation request deadline. This article highlights the importance of precise drafting in MSDR clauses, discusses the implications of the Court's decision, and provides practical guidance for parties drafting or negotiating dispute resolution provisions in commercial agreements.

Do you need to rush to mediate - Ontario Court of Appeal

Do You Need to Rush to Mediate? Ontario Court of Appeal Clarifies Interpretation of Multi-Step Dispute Resolution Clause

The United States has long been a major player in both agri-tech innovation and the intellectual property (IP) landscape. In the past, the United States Patent and Trademark Office (USPTO) offered its own version of a green patent fast-track to encourage climate-friendly inventions. Notably, in 2009 to 2011 the USPTO ran a Green Technology Pilot Program that prioritized examination for certain eco-friendly patents. The pilot ended in 2012, but more recently the USPTO brought back the idea in June 2022, with the Climate Change Mitigation Pilot Program, which was essentially an accelerated examination program for patent applications directed to fight climate change. Under this program, inventions designed to reduce or monitor greenhouse gas emissions, including many clean energy, sustainability or climate-smart agriculture innovations, could be examined out of turn. Importantly, like Canada’s program, the US pilot did not charge the usual petition fee for expediting. The goal was to spur green tech by making it faster and cheaper to secure IP rights.

Fast Tracks and Green Gaps Part II

Fast Tracks and Green Gaps Part II: Innovation Interrupted: What the End of the USPTO's Green Program Means for Agri-Tech

Climate change is driving a surge in agricultural technology (agri-tech) innovations aimed at making farming more resilient and sustainable. From drought-resistant crops to carbon-capturing soil techniques, these climate-focused agri-tech solutions are crucial for global food security. An often-overlooked piece of this puzzle is intellectual property (IP) strategy, namely how patents and other IP rights are used to protect and incentivize innovation.

Fast Tracks and Green Gaps Part I

Fast Tracks and Green Gaps Part I: Planting the Future: Why Canada's IP System May Be the Climate Innovation Sleeper Hit

Restructuring and Insolvency Deals in the Oil Patch: Tips, Traps & Outlook for 2022

From the Same Authors