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Michael D. Mysak

Corporate, Fraud and Securities Litigation and Shareholder Dispute Lawyer at Bennett Jones Calgary

Partner

David R. McKinnon

Energy & Environmental Litigation, Commercial Disputes, and Health Law at Bennett Jones Calgary

Ciara J. Mackey

Commercial Litigation Lawyer at Bennett Jones Calgary

In the glow of negotiating a commercial lease, no landlord or tenant wants to think about how it might end early. But recent developments again remind us that a nuanced termination clause will significantly affect if, when and how a termination right is triggered.

Lease Termination Clauses

Lease Termination Clauses: Know the Target Before Pulling the Trigger

Alicia Yowart

Associate

Civil Practice Note 7, entitled “Vexatious Application/Proceeding Show Cause Procedure”, is a useful tool to manage hopeless litigation quickly and efficiently. Introduced in 2018, it is a summary procedure under Rule 3.68 of the Alberta Rules of Court that may be used to address a “claim, defence, action, application, or proceeding that appears on its face to be frivolous, vexatious, or otherwise an abuse of process.” It is intended as a “fair and proportionate mechanism to respond to apparently abusive litigation”.

Utter Waste of Time Alberta Court of Appeal Provides New Guidance on Civil Practice Note 7

“Utter Waste of Time”: Alberta Court of Appeal Provides New Guidance on Civil Practice Note 7 

Christine Plante

Civil Fraud Recovery, Employment and Shareholder Disputes Lawyer at Bennett Jones Calgary

Justin R. Lambert

Energy Industry Dispute, Fraud, Securities and Corporate Litigation Lawyer at Bennett Jones Calgary

Michael A. Eizenga L.S.M.

Leading Canadian Class Action Litigator at Bennett Jones Toronto

Partner 

Workplace class proceedings are on the rise in Canada. Recent class actions have involved employee claims for <a rel="noopener noreferrer" href="https://www.canlii.org/en/on/onca/doc/2022/2022onca115/2022onca115.html" target="_blank">overtime</a>, <a rel="noopener noreferrer" href="https://www.canlii.org/en/on/onsc/doc/2020/2020onsc5368/2020onsc5368.html" target="_blank">vacation time</a>, <a rel="noopener noreferrer" href="https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc2414/2021bcsc2414.html?searchUrlHash=AAAAAQAgImVzY29iYXIiIEFORCAiY2xhc3MgcHJvY2VlZGluZyIAAAAAAQ&resultIndex=1#_Toc89857824" target="_blank">damages for COVID-19 pandemic terminations</a>, <a rel="noopener noreferrer" href="https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1608/2022bcsc1608.html?searchUrlHash=AAAAAQAgImVzY29iYXIiIEFORCAiY2xhc3MgcHJvY2VlZGluZyIAAAAAAQ&resultIndex=2#_Toc113546909" target="_blank">extended healthcare benefits</a>, <a rel="noopener noreferrer" href="https://www.canlii.org/en/on/onsc/doc/2021/2021onsc5518/2021onsc5518.html" target="_blank">misclassification of workers</a> and <a rel="noopener noreferrer" href="https://www.canlii.org/en/ca/fct/doc/2017/2017fc51/2017fc51.html?searchUrlHash=AAAAAQAKaGFyYXNzbWVudAAAAAAB&offset=0" target="_blank">systemic discrimination and harassment</a>. The Alberta Court of Appeal decision in <a rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abca/doc/2022/2022abca374/2022abca374.html?searchUrlHash=AAAAAQBTImNsYXNzIHByb2NlZWRpbmdzIiBPUiAiY2xhc3MgYWN0aW9uIiBPUiAiYWN0aW9uIGNvbGxlY3RpdmUiIE9SICJyZWNvdXJzIGNvbGxlY3RpZiIAAAAAAQ&resultIndex=3" target="_blank">Flesch v Apache Corporation, 2022 ABCA 374</a> now adds claims for long-term incentive compensation to this growing list. This decision also revisits the "gatekeeping" role the court has in certifying such class proceedings.

Tis the Reason ABCA Considers Expanding Gatekeeping Role of Courts

'Tis the Reason: ABCA Considers Expanding Gatekeeping Role of Courts in Certification of Workplace Class Proceeding

Justin Duguay

Litigation Lawyer at Bennett Jones Calgary

Awarding double costs on appeals following a formal offer to settle encourages parties to resolve claims quickly among themselves and at the least expense, the Alberta Court of Appeal recently confirmed in <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abca/doc/2022/2022abca364/2022abca364.html?autocompleteStr=2022%20ABCA%20364&autocompletePos=1#document" target="_blank">Mostafa Altalibi Professional Corporation v Lorne S. Kamelchuk Professional Corporation</a>, 2022 ABCA 364. The decision settles the law on when a formal offer made during an appeal will trigger an award of double costs under the Alberta Rules of Court and confirms that those cost consequences follow even when the appeal does not finally resolve the claims between the parties.

Double Vision Alberta Court of Appeal Confirms Double Costs Follow Formal Offer

Double Vision: Alberta Court of Appeal Confirms Double Costs Follow Formal Offer in Interlocutory Appeal

David Cassin

Employment Lawyer at Bennett Jones Toronto

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

Robert W. Staley

Commercial, Securities and Class Action Litigation Lawyer at Bennett Jones Toronto

Vice Chair and Partner

In McPherson v Global Growth Assets Inc., the Ontario Superior Court interpreted the no-reprisal provisions of the Securities Act for the first time, awarding more than $5.3 million to a CEO who was terminated after raising compliance concerns. The decision underscores the strength of the Act&rsquo;s protections for employees who engage in protected activities and highlights the significant risk to employers of taking disciplinary action without clear, documented justification.

Ontario Securities Act No Reprisal Provisions Results in 53 Million Award to CEO

Ontario Securities Act No-Reprisal Provisions Results in C$5.3 Million Award to CEO: A Warning to Regulated Employers

Edwin G. Kroft KC

Tax Litigation Lawyer at Bennett Jones

Antoine Messervier

Tax Lawyer at Bennett Jones Vancouver

Anna Lekach

Tax Lawyer at Bennett Jones Calgary

The November 2025 issue of Bennett Jones on Tax Disputes explores major developments in Canadian tax law, including new CRA guidance on the Voluntary Disclosures Program, court decisions on settlement confidentiality and costs, and proposed reforms to the Tax Court&rsquo;s informal procedure limits. The issue also features case summaries and insights from Bennett Jones&rsquo; tax litigators on emerging trends in tax dispute resolution.

Bennett Jones on Tax Disputes Issue 39

Bennett Jones on Tax Disputes: November 2025

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Makda Yohannes

Commercial Litigation Lawyer at Bennett Jones Toronto

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

As artificial intelligence becomes increasingly integrated into creative workflows, the use of typefaces and fonts raises complex intellectual property challenges. This article examines the distinction between typefaces and fonts, the scope of copyright, trademark and industrial design protection in Canada, and how AI tools may heighten infringement risks. It also outlines practical steps for designers and businesses to ensure compliance through proper licensing and responsible AI use.

Understanding IP Infringement Risk in Typeface Use in AI Generated Content

Understanding IP Infringement Risk in Typeface Use in AI-Generated Content

Lisa Kakoske

Corporate and Securities Lawyer

Samantha Chenatte

Associate at Bennett Jones Vancouver

Globally, women represent nearly half of the agricultural workforce, yet they still face systemic barriers that prevent them from accessing, using and contributing to innovations in agricultural technology (Agritech), which is poised to transform agricultural systems across the world.

Gender Inclusivity Driving Growth in Agritech Industry

Sara G. Parchello

Brendan J. Weiler

Employment Services Lawyer at Bennett Jones Toronto

Two recent Ontario Superior Court decisions&mdash;Li v Wayfair Canada Inc. and Jones v Strides Toronto&mdash;clarify that the phrase &ldquo;at any time&rdquo; in a termination clause does not automatically invalidate an employment agreement under the ESA. While both cases distinguish earlier restrictive rulings, ongoing inconsistencies, including the Chan decision, highlight the need for appellate guidance. Employers should continue to review contracts carefully to ensure ESA compliance.

Termination At Any Time A Review of Recent Developments

Termination “At Any Time”? A Review of Recent Developments from Li v Wayfair Canada Inc. and Jones v Strides Toronto

Four Bennett Jones Lawyers Recognized in the Benchmark Under 40 Hot List

From the Same Authors