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David R. McKinnon

Energy & Environmental Litigation Counsel

Partner

Navdeep Kaur

Commercial Litigation Lawyer at Bennett Jones Calgary

Associate

Ellen Forsyth

The Alberta Court of King's Bench stood firm on its commitment to address delays and improve efficiency in Alberta's civil justice system. In Boucher v Bailey, 2025 ABKB 384, the Court dismissed the plaintiffs' request to adjourn a 31-day trial due to its counsel being double booked with another trial in another jurisdiction. The Court held that adjourning the trial as requested would cause prejudice to the justice system, including sub-optimal use of judicial resources and negatively affecting the public's confidence in the administration of justice.

Trial Dates Are Final Alberta Courts Confirm Commitment to Swift Justice

Trial Dates Are Final: Alberta Courts Confirm Commitment to Swift Justice

Tyler McDonough

The Alberta Court of King's Bench has taken another step towards addressing ongoing delays in civil litigation in the Province. In a July 10, 2025, <a href="https://albertacourts.ca/kb/resources/announcements/announcement--reducing-civil-trial-delay">Notice to the Profession</a>, the Court has announced that litigation plans will become mandatory for all non-family civil actions.

Mandatory Litigation Plans in Alberta

Mandatory Litigation Plans in Alberta: Court of King's Bench Tightens Civil Trial Timelines

On December 22, 2023, the Court of King's Bench issued a Notice to the Profession setting out the procedure for adjudicating a civil action by a new process known as a “streamlined trial”, which replaces the old and under-utilized summary trial procedure.

Keeping It Not So Simple Streamlined Trials in Alberta

Keeping It (Not So) Simple: Streamlined Trials in Alberta

The Alberta Rules of Court require parties to an action before the Alberta Court of King’s Bench to participate in some form of alternate dispute resolution process before they can attend trial.

Court of Kings Bench of Alberta Indefinitely Suspends Judicial Dispute Resolution Whats Next

Court of King's Bench of Alberta Indefinitely Suspends Judicial Dispute Resolution—What's Next?

Natalia E. Iamundo

Commercial Real Estate Lawyer at Bennett Jones Toronto

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Ahmed Elmallah

Intellectual Property Lawyer at Bennett Jones Edmonton

Counsel, Patent Agent, Trademark Agent

Proptech is transforming the real estate sector through technologies such as AI, IoT and data-driven platforms. This blog examines recent Canadian patent filing trends, emerging litigation and key IP considerations for companies developing or adopting proptech solutions.

Prop Tech Patents And Patent Litigation

Proptech: Patents and Patent Litigation

Samuel Judson

Craig R. R. Garbe

Commercial Real Estate Lawyer | Funds, REITs & JV Deals

Rights of first refusal (ROFRs) can significantly affect Canadian commercial real estate transactions, particularly when properties are sold as part of a portfolio. This blog reviews limited Canadian case law addressing when ROFRs are triggered in portfolio sales and the challenges they create for vendors and purchasers. It also outlines practical structuring strategies to help navigate these complex transactions.

Rights of First Refusal in Canadian Commercial Real Estate

Rights of First Refusal in Canadian Commercial Real Estate: Navigating Portfolio ROFRs

Simon P. Crawford

Leading Commercial Real Estate Lawyer at Bennett Jones Toronto

Vanessa Kiraly

In Oliva v. Dickson (2025 ONSC 6666), the Ontario Superior Court confirmed that Building Code compliance can be an implied term of an Agreement of Purchase and Sale and a basis for vendor-builder liability in negligence. Even without structural failure or express contractual representations, failing to obtain required permits may breach both contractual and tort duties. The decision is a cautionary reminder that regulatory compliance defines both legal risk and commercial expectations in real estate transactions.

No Permit Big Problems

No Permit, Big Problems: Building Code Compliance,  Implied Terms and Vendor-Builder Liability in Ontario

Daniel (Dan) R. Chubb

Corporate Commercial Lawyer at Bennett Jones Edmonton

Joan Bilsland

Knowledge Management Research Lawyer at Bennett Jones

Knowledge Management Research Lawyer

Luke Stretch

Commercial Real Estate Lawyer at Bennett Jones Calgary

Canadian courts generally treat real estate deposits as forfeitable upon a purchaser&rsquo;s default, distinct from unenforceable penalty clauses. However, under the Redstone factors, courts may grant relief from forfeiture where a deposit is grossly disproportionate to the vendor&rsquo;s damages or where retaining it would be unconscionable in the circumstances.

When A Deposit Becomes A Penalty

When a Deposit Becomes a Penalty: Relief From Forfeiture in Real Estate Transactions

Andrew N. Disipio

Mining & Corporate Finance Lawyer | M&A, Equity & Debt Deals

Hon. John R. Baird P.C.

Senior Advisor | International Trade, Investment & Security

Senior Business Advisor

Sander A.J.R. Grieve KC

Global Mining Finance & M&A Lawyer | Bennett Jones Toronto

Members of Bennett Jones' mining team shared their insights across three panels held at the firm's Toronto office during this year's PDAC convention. The discussions addressed the opportunities and complexities of this evolving landscape&mdash;and what Canada must do to capitalize on the moment.

Check Your (Legal) Privilege

From the Same Authors

Trial Dates Are Final: Alberta Courts Confirm Commitment to Swift Justice

Mandatory Litigation Plans in Alberta: Court of King's Bench Tightens Civil Trial Timelines

Keeping It (Not So) Simple: Streamlined Trials in Alberta

Latest Insights

Proptech: Patents and Patent Litigation

Rights of First Refusal in Canadian Commercial Real Estate: Navigating Portfolio ROFRs

No Permit, Big Problems: Building Code Compliance, Implied Terms and Vendor-Builder Liability in Ontario

When a Deposit Becomes a Penalty: Relief From Forfeiture in Real Estate Transactions

Stay Informed. Stay Ahead.