Commercial Litigation

We resolve complex commercial disputes with strategic advocacy and practical solutions, helping clients protect their interests and achieve results in courts, tribunals and arbitrations across Canada.
Key Contacts
Dionne Bourassa PascaleSwan RichardTheroux Michael
Building facade

Overview

Our lawyers have appeared before all levels of courts and administrative tribunals in Canada, bringing to each case a practical and thorough knowledge of litigation, mediation and arbitration strategies, tactics and procedures. Our work has resulted in hundreds of reported decisions from provincial trial and appeal courts, the Federal Court, the Tax Court and the Supreme Court of Canada, and we have significant experience in private arbitrations and mediations including ICC and AAA arbitrations.

,,The lawyers at Bennett Jones [are] quite brilliant and at the top of their field.,,

What Clients Say

The disputes in which we act are as diverse as the clients whom we represent. From shareholder disputes, loan enforcement, breach of contract and bankruptcy litigation to libel and slander, professional negligence and energy co-ownership and royalty disputes, we bring extensive industry knowledge and finely honed advocacy skills to each file. We have represented clients in many precedent-setting landmark cases. For example, we recently acted for the senior bondholders of Stelco Inc. in connection with Stelco's reorganization under the Companies' Creditors Arrangement Act (Canada) and the Canada Business Corporations Act, and for Hollinger International and the Special Committee of Hollinger International in connection with a proceeding before the Ontario Securities Commission opposing the privatization of Hollinger Inc.

For us, teamwork is key. We work closely with colleagues throughout the firm to provide the background and resources required for each client's needs, also tapping the resources of external experts such as accountants, forensic investigators, valuators and other consultants when necessary. Organizational skills are critical to the success of any claim, so our capabilities include expert document management, the judicious yet efficient use of cutting-edge courtroom technology, and the implementation of effective communications strategies to help clients win both in the traditional courts and in the court of public opinion.

,,Their range, international capabilities and constructive presence in the community made Bennett Jones our first choice.,,

What Clients Say

Client Work

A consortium of six provincial and three territorial governments in a C$32.5-billion resolution with the tobacco industry to recover the healthcare costs associated with smoking

Calgary Police Service

with their Freedom of Information and Protection of Privacy (FOIP) Act matters

Citimark

in the acquisition of a partnership interest in the developer of a 36-storey residential tower in the Metrotown area of Burnaby

Holloway Lodging Corporation

in the acquisition by Clarke of all of the issued and outstanding common shares of Holloway that it does not currently own by way of statutory plan of arrangement

ECi Software

in its acquisition of Office Document Consulting

Akvatech

in the successful defence of an application seeking to invalidate a license granting intellectual property rights
An Intervenor at the Supreme Court of Canada in TELUS Communications Inc. v. Wellman on arbitration and class actions

Precision Castparts

seeking to recover US$60 million as part of a post-closing dispute over the US$560-million purchase of an aerospace parts company and an undisclosed accounting fraud

801 Seventh

in a successful claim for breach of lease against a tenant who had leased an entire 37 story office building and then vacated it with 12 years left on the lease

Bridging Finance

in all aspects of one of the most complex receivership proceedings in the Canadian restructuring market in recent years

Conagra

in its $10-9 billion acquisition of Pinnacle Foods
Acted on behalf of a law firm in the context of an application that it be disqualified from acting in a complex construction matter

Canadian Pacific Railway

for a major trial and subsequent appeal regarding an agreement to sell prime lands in downtown Calgary to a developer which were instead sold to the government

Douglas College

in the Construction Management Agreement, Request for Proposals and an architect's agreement related to the student residence expansion

Dow Chemical

in its successful C$3.56-billion claim against NOVA Chemicals for breaches of contract

Fasken

in defence of the firm’s representation of a successful bidder in a contested 2016 take-over of a publicly listed mining company

Four Seasons

in defence of a leasing claim brought by Cadillac Fairview and affiliates relating to the Four Seasons Vancouver Hotel

Invenia

in its successful urgent application for relief arising from an individual improperly holding himself out as sole director, President, CEO, and Chairman of the company

Orion

in the defence of a C$400-million claim by Lithium Royalty concerning the enforceability of revenue-based royalties from the Thacker Pass mine in Nevada

A Europe-based Investor

in the C$388-million purchase of Burnaby Robotic Fulfillment Centre tenanted for a 20-year term by Amazon Canada Fulfillment Services

Resident of France

in a defamation claim instituted in Quebec against our client, a resident of France, for alleged faults he would have committed when acting as an expert before Courts in France

Third Eye Capital Corporation

in defence of a claim by Animus Capital Partners claiming deceit and conspiracy in relation to Third Eye's funding of a management buyout of Tara Energy

Wood Group

in a claim that involves an underground high-temperature produced bitumen emulsion pipeline and boiler water feed pipeline constructed and operated by the plaintiff
A commercial land developer, in a successful action for inducing breach of contract against the principal of a corporate defendant in the absence of justification for breaking the corporate defendant's contractual commitments
A commercial real estate owner, in appeal proceedings successfully upholding the dismissal of an action for the sale of land voided by mutual mistake
A commercial real estate owner, in the successful interpretation of a Purchase and Sale Agreement made "subject to vendor's lawyer's approval", leading to the discharge of purchaser's contract and CLP
A contractor in resisting an application for an interlocutory injunction premised, among other things, upon a non-competition agreement
A large oil and gas exploration and production company, in a recent complex litigation matter involving a freehold lessor, the termination of a petroleum and natural gas lease and the lessor's entitlement to damages
A large group of investors in an alleged Ponzi-type ticket brokering scheme, including the obtaining of orders for pre-judgment locating and freezing of assets and other extraordinary relief
A leading cement manufacturer, in successful multi-million dollar arbitration and appellate proceedings to enforce long-term contractual supply and restrictive covenant rights
A leading chemical and technology company, in a $900-million claim against the operator of a jointly owned ethylene manufacturing facility
A major creditor of Calpine Canada Resources Corporation, in Calpine's Companies' Creditors Arrangement Act (CCAA) proceedings
A national non-profit organization, in connection with recovering funds and other property wrongfully misappropriated to form a competing organization
A natural foods products company, in a multi-million dollar claim against a multinational food company for misuse of confidential information and breaches of product development and license agreements
A petroleum producer, in a claim relating to rights of first refusal
A private golf and country club, obtaining an order for certiorari, quashing a Municipal Government Board order and enforcing an Annexation Order with associated declaratory relief
A seismic imaging company, in the successful defence of an oil and gas builder's lien claim in the collection of speculative seismic data
A significant public corporation in relation to its right under the Canadian Association of Petroleum Landmen operating procedure against a financially distressed operator of hundreds ...
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Acted for successful party in a multi-million-dollar expedited arbitration involving a significant recreational resort property in the interior of BC
Acting for a company in a RFP bid subject to contest
Acting for an underwriting syndicate lead by BMO Nesbitt Burns Inc. in offering of $1,058,202,000 principal amount of credit card receivables-backed notes by Master Credit Card Trust

Air Canada

in defence of an oppression claim and in subsequent arbitration to determine the fair value of certain of its regional connector planes
Alberta Provincial Court Judges Association v. The Queen, [1999] 2 W.W.R. 66 (AB C.A. – Judicial Compensation)

Alberta Provincial Court Judges' Association

in the Supreme Court of Canada case, in a constitutional case regarding judicial independence

Alberta Provincial Court Judges' Association

in the Supreme Court of Canada case, in a constitutional case regarding judicial independence

Alliance for Marriage and Family

as intervenor in an appeal regarding parentage and equality rights
An agricultural producer, in a successful appeal to the Alberta Agricultural Marketing Council Appeal Tribunal of a decision of the Alberta Sugar Beet Growers to cancel production ...
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An industry association of Canada's largest brewers, in relation to a judicial review application concerning the conduct of the Beverage Container Management Board
An oil and gas producer in relation to allegations of oppression and appropriation of corporate opportunities relating to the sale of the company
An oilfield service company, in successful arbitration proceedings dismissing claims arising from a patent license dispute concerning certain downhole technology
An oilfield service company, in the ongoing defence of well fracturing claims

Edgeworth Mortgage Investment

in an action against its directors and officers

ATCO

in the Supreme Court of Canada's 2006 landmark decision defending utility property rights against regulatory confiscation

ATCO

in a successful application for leave to an ERCB decision
Canadian-based international energy company, in a series of multi-million-dollar claims against an errors and omissions insurer
Church entity, in the Indian Residential School litigation
Commissioner of Competition, in litigation relating to the Labatt/Lakeport beer merger

Community Legal Clinic

in an application challenging the sponsorship undertaking required by the Immigration and Refugee Protection Act

Ontario Municipal Board

in the successful opposition of an unprecedented $3.2 million costs claim

Conakry

as successful respondent in an application by a minority shareholder alleging oppression pursuant to the Ontario Business Corporations Act
Consulting engineer, in multi-party litigation and mediation proceedings arising in the construction of a large housing development
Counsel for proposed representative plaintiffs in a class action relating to an alleged Ponzi scheme
Defence of a claim for in excess of $20 million under a product supply agreement

Expedia

in a national class action for breach of contract, including a successful post-certification motion for summary judgment

Extendicare

in its conversion from an income trust structure to a corporate structure by way of a plan of arrangement

Health Care Property Investors

in its $1.4-billion offer to acquire all of the outstanding units of Sunrise Senior Living Real Estate Investment Trust

Hemosol

acted for the licensor, ProMetic BioSciences in the Companies' Creditors Arrangement Act (CCAA) restructuring of Hemosol

Hollinger

in its successful opposition to Ravelston's effort to privatize Hollinger

Hotspex

as successful moving party for an interlocutory order to search departing employees' computers for confidential information

ICE

in obtaining an Anton Pillar private search warrant resulting in the prosecution, conviction and deportation of a US immigration officer

Informal Committee of Noteholders

in the successful opposition of an application for leave to appeal order obtained on motion by Monitor concerning calculation of working capital adjustments
International construction contractor, in court proceedings advancing a multi-million dollar claim arising out of the design and construction of a magnesium oxide plant in Jordan
International energy company, in a series of UNCITRAL arbitration proceedings relating to multiple multi-million dollar disputes arising out of the ownership and operation of a gas field in the Caspian Sea
Joint venture partner, in ICC arbitration proceedings relating to the ownership and operation of an oilfield in Asia
Leading global well service companies, in the defence of claims arising from fracturing and related oilfield applications

Linda J. Court

in acting on behalf of local resident and, successfully judicially reviewing a decision of the Alberta Environment permitting the construction of a gravel pit south of Calgary

Manulife Securities

in an action commenced against Societe Generale pursuant to the Class Proceedings Act, 1992 in relation to losses suffered by investors in the Portus group of companies

Middlefield

in the successful defence of a $190-million claim in relation to a limited partnership

NAL Oil

in its $400-million acquisition of Breaker Energy
National energy company, in defending a claim by a works contractor arising in the construction of a multi-billion-dollar oil sands project
National energy company, in defending a multi-million-dollar delay and lost productivity claim by a works contractor arising in connection with the construction of a multi-billion-dollar oil sands project
National equipment company, in a claim for passing off and wrongful use of business name and logo

Nordion

in the due diligence aspects of its US$826M acquisition by Sterigenics
One of Calgary's largest firm of realtors in relation to a significant fraud by its in-house accountant

Livent

in the successful defence of disciplinary proceedings before the Institute of Chartered Accountants of Ontario

Paramount Energy Trust

in a decision made by a panel of the Alberta Securities Commission Re: Arc Equity Management (Fund 4) Ltd

Paramount Resources

in successfully resolving an arbitration between it and Elizabeth Metis Settlement
Pipeline company, in defending a delay and lost productivity claim arising in the construction of an oil and gas pipeline

PricewaterhouseCoopers

in its cross-border Companies Creditors' Arrangement Act (”CCAA”) proceedings

Pro Bono Law Ontario

in the Supreme Court of Canada's decision in Hinse v Canada (Attorney General) on the issue of indemnification for legal costs in private pro bono litigation
Re Canadian Jorex Limited (1992), 15 OSCB 257 (Ont.Sec. Comm. - takeover bids – defensive tactics)
Health institution in response to an application for production of third party counseling records by the accused in a sexual assault case
A major financial institution in a fraud recovery lawsuit to seek recovery of losses arising from a sophisticated cheque-kiting scheme involving the cycling of hundreds ...
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psychiatrist in response to an application before the Consent and Capacity Board to determine whether a patient suffering from schizophrenia and schizo affective ...
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Citibank

in opposition to a motion brought by BlackRock Asset Management Canada Limited under the Plan of Compromise and Arrangement

Research in Motion

in injunctive relief sought relating to its' ultimately successful hostile takeover of Certicom

Research in Motion

in its $150-million acquisition of Certicom
Resolution of over $130 million in claims in the above mentioned categories since October 2006

Rouge Valley Health Services

in an appeal involving the fictitious payee defence under the Bills of Exchange Act

Royal Group

as successful appellant overturning an order that the defendant must pay costs ”thrown away” as a condition to amending its pleadings

Royal Host

in connection with its acquisition by Holloway Lodging Corporation

Sears Canada

in an application for leave to commence a refusal to deal application at the Competition Tribunal

Sears Canada

in successfully coordinating and managing remediation and resolution of claims involving leaking gasoline from a Calgary service station
Several hundred Concrete Equities investors in a series of real estate investment partnerships, in BIA and CCAA proceedings
Several US-based real estate investment funds, in various ongoing proceedings to recover joint venture monies

Sino-Forest

on all Canadian matters relating to or resulting from allegations that have been made against it and certain of its directors and officers since June, 2011

Stewart McKelvey Stirling Scales

in a multi-party securities litigation

Stone Creek Properties

in successfully concluding dispute resolution process with respect to development initiatives of Stone Creek Properties Inc.'s development rights on Kinbasket Indian Reserve lands
Successful appeal to the Alberta Court of Appeal with the issues of res judicata, issue estoppel and abuse of process
Successful counsel in striking a $6.5 million constructive dismissal counterclaim, on the basis that the claim was statute-barred by the provisions of the Limitations Act, 2002

Sun-Times Media Group

with the various multi-jurisdictional court and regulatory proceedings against the former CEO, Ravelston Corporation

TELUS

in a two week trial resulting in the successful dismissal of a $20 million claim pursuant to a contract induced by the misrepresentation of the opposing party

TerraPro

in its reorganization pursuant to a plan of arrangement and concurrent refinancing

Rio Algom

in an oppression application against Rio Algom and Billiton plc arising out of Billiton's 2000 takeover of Rio Algom

Buckingham Securities

in defence of a class action claim and in defence of proceedings before the Ontario Securities Commission

Metropolitan Conference Centre

in a successful appeal setting aside a trial decision and limiting a commercial landlord's contractual right to reclaim premises for purposes of building redevelopment
The representative plaintiff and court-appointed receiver in a class action involving more than 50 civilian investors and $10 million in fraudulent real estate transactions

Upper Lake Oil and Monterey

in their Arrangement Agreement that will provide for a business combination between the companies
Various condominium corporations and developers, in the defence of claims of "improper conduct" under section 67 of the Condominium Property Act
Various condominium corporations, in design and construction deficiency actions against developers and prime consultants
Various franchisees, in the successful enforcement of statutory disclosure obligations and rights of rescission under the Alberta Franchises Act and Regulation
Various investors in commercial real estate, in actions for the enforcement of purchase and sale agreements
Various shareholder groups, in oppressed shareholder proceedings in the financial advisory services and real estate development industries

Vector Transportation Services

as successful respondent on an appeal of an order respecting e-discovery rights

VimpelCom

in its sale process and disposition of their debt and equity interests in the Globalive group of companies in Canada

Viva

in the interim receivership and liquidation of the assets of the Viva group

Wachovia Capital Finance

during the Companies' Creditors Arrangement Act proceedings

WaterFurnace

in its acquisition by NIBE, a leading heat pump manufacturer in Europe for $378 million by way of plan of arrangement

WIC Western

in relation to a $1 billion takeover bid by CanWest subsidiary CW Shareholdings
Zahmol Properties v. City of Calgary, 2012 AB C.A. 89 (AB C.A. – Expropriation)

Zwaig Associates

in its dual capacity as proposal trustee and interim receiver of EnerNorth Industries

Recognitions

Chambers Canada

Dispute Resolution: Class Action (Defence)
Litigation: General Commercial
Litigation: General Commercial: The Elite (Ontario)
Litigation: Products Liability
Litigation: Securities - Ontario

Chambers Global

Disputes (International and Cross-Border)

Benchmark Litigation

Alberta Law Firm of the Year, Bennett Jones

The Legal 500 Canada

Dispute Resolution: Alberta
Dispute Resolution: Ontario

Canadian Legal Lexpert Directory

Litigation - Corporate Commercial; Franchise Law; Professional Liability  
 

 




Explore Our Services

Appellate Advocacy & Judicial Review

Appellate Advocacy & Judicial Review

We deliver trusted appellate advocacy and judicial review counsel, helping clients protect their rights and achieve favourable outcomes before Canada's highest courts and tribunals.
Pascale Dionne-BourassaE. Bruce Mellett KC
Pascale Dionne-Bourassa & E. Bruce Mellett KC
Arbitration

Arbitration

We provide strategic arbitration counsel in Canada and internationally, helping clients resolve complex disputes efficiently, confidentially and with enforceable results worldwide.
Vasilis F. L. Pappas, FCIArbMartin J. Valasek, FCIArb
Vasilis F. L. Pappas, FCIArb & Martin J. Valasek, FCIArb
Energy Litigation

Energy Litigation

We resolve high-stakes energy disputes with deep industry knowledge and technical insight, helping clients protect assets, manage risk and achieve successful outcomes in Canada and worldwide.
E. Bruce Mellett KCMichael P. Theroux KC
E. Bruce Mellett KC & Michael P. Theroux KC
Fraud Law

Fraud Law

We help clients investigate, stop, and recover from fraud and financial misconduct, combining strategic legal action with global reach to protect assets and mitigate risk.
Lincoln CaylorMunaf Mohamed KC
Lincoln Caylor & Munaf Mohamed KC
International Arbitration

International Arbitration

We represent clients worldwide in high-stakes international arbitration, delivering trusted advocacy in both commercial and investor-state disputes to secure the best outcomes.
Vasilis F. L. Pappas, FCIArbMartin J. Valasek, FCIArb
Vasilis F. L. Pappas, FCIArb & Martin J. Valasek, FCIArb
Product Liability and Regulation

Product Liability and Regulation

We help clients address all aspects of product regulation and liability, providing strategic advice on compliance, recalls, litigation and class actions.
Cheryl M. WoodinAshley L. PatersonJulia E. SchatzMichael C. SmithPascale Dionne-BourassaSarah E. GilbertGatlin SmeijersShelby Morrison
Cheryl M. Woodin, Ashley L. Paterson, Julia E. Schatz, Michael C. Smith, Pascale Dionne-Bourassa, Sarah E. Gilbert, Gatlin Smeijers & Shelby Morrison
Securities Litigation

Securities Litigation

We defend public companies, boards and executives in complex securities litigation and regulatory proceedings, safeguarding business objectives with strategic advocacy.
Pascale Dionne-BourassaPeter DunneRobert W. Staley
Pascale Dionne-Bourassa, Peter Dunne & Robert W. Staley
Shareholder Activism & Critical Situations

Shareholder Activism & Critical Situations

We guide companies, boards and investors through shareholder campaigns, proxy contests and critical situations with strategic counsel that protects interests and drives successful outcomes.
Robert W. StaleyKristopher R. HancJon C. Truswell
Robert W. Staley, Kristopher R. Hanc & Jon C. Truswell

Pascale Dionne-Bourassa

Montréal Managing Partner

Richard B. Swan

Partner   •   Co-Head of Commercial Litigation Practice

Michael P. Theroux KC

Partner   •   Co-Head of Commercial Litigation Practice

The Bennett Jones Story

At Bennett Jones, legal solutions are our starting point. What drives us forward is knowing our clients inside and out—their ambitions, obstacles and success metrics.

For more than a century, we have shaped outcomes that matter in business, in law and in the broader Canadian landscape. And our commitment extends beyond legal matters: we invest deeply in the communities in which we live and work.