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Brian P. Reid

Construction & Energy Litigation Lawyer

Partner

Kaamil Khalfan

Commercial Litigation Lawyer at Bennett Jones Calgary

Associate

Aaron Tell

Lawyer at Bennett Jones Calgary 

Associate 

The Alberta Court of King's Bench has clarified that the two-year trial deadline under the Prompt Payment and Construction Lien Act does not apply once a construction lien and certificate of lis pendens have been discharged from title through the posting of security. In 1951789 Alberta Ltd v Britannia Block General Partnership Inc., the Court confirmed that section 46(2) applies only where a lien and CLP remain registered against the land. The decision provides important guidance for parties involved in construction lien disputes and highlights the distinction between statutory lien remedies and delay-based applications under the Alberta Rules of Court.

Security Measures The Alberta Court of Kings Bench Clarifies

Security Measures: The Alberta Court of King's Bench Clarifies the Law of Lien Security

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer

Christopher Petrucci

Commercial Litigation Lawyer | Energy

The Alberta Court of King&rsquo;s Bench in Phoenix Treatment Systems Ltd v 1924613 Alberta Ltd confirmed that not all activities qualify as lienable work capable of extending lien deadlines under the Prompt Payment and Construction Lien Act. The decision reinforces that only work sufficiently connected to the construction process will extend the registration period. Parties should take care to accurately identify the last day of lienable work, as errors may invalidate an otherwise enforceable lien.

Not All Work Will Extend the Lien Period

This article examines a recent Alberta Court decision confirming that during the PPCLA transition period, the former BLA&rsquo;s shorter 45-day lien deadline remains decisive. The ruling underscores that once a lien deadline expires, the lien ceases to exist and cannot be revived by the Court or through Land Titles corrections.

Better Early Than Sorry Strict Compliance Required for Lien Deadlines

Better Early Than Sorry: Strict Compliance Required for Lien Deadlines 

The Alberta Court of Appeal&rsquo;s decision in Tempo v. Man-Shield confirms that equitable set-off is a true defence capable of precluding summary judgment in construction disputes. The ruling emphasizes that where claims and cross-claims are inseparably connected, courts must account for both to avoid unjust outcomes. This case provides important guidance for contractors, subcontractors and counsel navigating payment disputes and litigation strategy in the construction sector

Equitable Set Off A True Defence That May Preclude Summary Judgment

Equitable Set-Off: A True Defence That May Preclude Summary Judgment 

Akhila Sandhu

Summer Student

Morgan Sutherland

Lawyer at Bennett Jones Toronto

Michael C. Smith

Litigation Lawyer at Bennett Jones Toronto

The United Nations has adopted the first global regulatory framework for Automated Driving Systems, establishing safety, cybersecurity, testing and monitoring requirements for Level 3, 4 and 5 automated vehicles. This article examines the framework&rsquo;s implications for Canada, including how Transport Canada may incorporate the requirements into domestic vehicle safety standards and what manufacturers and suppliers should consider as regulation evolves.

First Global Regulatory Framework For Autonomous Vehicles

First Global Regulatory Framework For Autonomous Vehicles: Key Takeaways For Canada And The Auto Industry

Ethan Z. Schiff

Class Actions & Commercial Litigation Lawyer

The Supreme Court of Canada&rsquo;s decision in SS&amp;C Technologies Canada Corporation v. Bank of New York Mellon Corporation, 2026 SCC 29, revisits the doctrine of spoliation and confirms that courts must draw an adverse inference when intentional destruction of relevant evidence is established. The decision provides guidance on the test for spoliation, the scope of mandatory adverse inferences and the importance of preserving evidence during litigation.

The Supreme Court of Canada Affirms Mandatory Adverse Inference in Cases of Spoliation

The Supreme Court of Canada Affirms Mandatory Adverse Inference for Spoliation

Dominique T. Hussey

Chief Executive Officer and Intellectual Property Litigator, Pharma/Biotech and Trademark Lawyer

Chief Executive Officer

Vincent M. de Grandpré

IP Lawyer | Life Sciences & Tech

Emily P. Kettel

Intellectual Property Lawyer at Bennett Jones Toronto

Partner, Trademark Agent

In Pharmascience v. Janssen Inc., the Supreme Court of Canada reaffirmed that methods of medical treatment remain unpatentable subject matter under the Patent Act because they are directed to the professional skill and judgment of healthcare practitioners. At the same time, the Court upheld the patentability of the dosing regimen claims at issue, clarifying that not all therapeutic or treatment-related claims constitute unpatentable methods of medical treatment. The decision provides important guidance on assessing patent eligibility for pharmaceutical and life sciences innovations in Canada.

Supreme Court of Canada Reaffirms that  Methods of Medical Treatment are Unpatentable

Supreme Court of Canada Confirms That Medical Professional Skill and Judgment Are Excluded From the Patent Bargain

Evana Yukanna

Commercial Litigation Lawyer at Bennett Jones Toronto

Ontario court denies a late class action opt-out request, reinforcing settlement finality and confirming prejudice can arise before court approval.

Ontario Court Reinforces Finality of Class Proceedings in Rejecting Late Opt Out Request

Ontario Court Reinforces Finality of Class Proceedings in Rejecting Late Opt-Out Request

Martin Ignasiak KC

Energy & Industrial Projects Lawyer

Head of Energy Regulatory

Tyler McDonough

Logan Lazurko

Energy & Regulatory Lawyer | Environmental

On June 17, 2026, the Alberta Court of Appeal unanimously dismissed an appeal by Fort McMurray 468 First Nation challenging an Alberta Energy Regulator decision that the First Nation lacked standing to request regulatory appeals of approvals issued to AdhMor Ltd. for an oilfield waste management facility near Fort McMurray. The decision in Fort McMurray 468 First Nation v Alberta Energy Regulator, 2026 ABCA 197, offers important guidance on what it takes to get in the door at the AER.

Alberta Court of Appeal Confirms Cumulative Effects are no Substitute for Evidence

No Standing Without Specifics: Alberta Court of Appeal Confirms that Cumulative Effects are no Substitute for Evidence

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Oil and Gas, Mines and Minerals

From the Same Authors