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Simon P. Crawford

Leading Commercial Real Estate Lawyer

Partner

Vanessa Kiraly

Commercial Real Estate Lawyer at Bennett Jones Toronto

Associate

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

Dana Talucci

Corporate Commercial Practice at Bennett Jones Toronto

Hennadiy Kutsenko

Tax Lawyer at Bennett Jones Toronto

Counsel

A court decision on the sale of mixed-use property highlights the risks of failing to allocate purchase price between residential and commercial portions for HST purposes. The ruling underscores the importance of precise drafting and obtaining representations to avoid uncertainty and tax disputes.

Mixed-Use Mixed Signals Why Purchase Price Allocations Matter

Mixed-Use, Mixed Signals: Why Purchase Price Allocations Matter

Samantha Weng

Real Estate Lawyer at Bennett Jones Toronto

Once again, cottage season is upon us—and like the return of the season, the Ontario Superior Court of Justice (Court) has returned to the well-settled law of adverse possession, which continues to surface in modern property disputes where long-term use of a property by an adjoining owner can sometimes erode the ownership rights of the legal owner.

Lines in the Sand A Case of Adverse Possession from Cottage Country

Lines in the Sand: A Case of Adverse Possession from Cottage Country

Adam Kalbfleisch

Competition & Regulatory Lawyer | Foreign Investment

Alixe A.L. Cameron

Commercial Real Estate Lawyer

Jane C. Helmstadter

The Competition Bureau (Bureau) has released its <a href="https://competition-bureau.canada.ca/en/how-we-foster-competition/education-and-outreach/publications/competitor-property-controls-and-competition-act">finalized property control guidelines</a> (Guidelines) outlining the Bureau's ongoing approach to enforcing competition property controls under the Competition Act (Act). These replace the preliminary guidelines published on August 7, 2024, which were subject to a public consultation process last summer/fall

Breaking Ground The Competition Bureau Weighs in with Final Property Control Guidelines

The Competition Bureau Weighs in with Final Property Control Guidelines

Ethan Z. Schiff

Class Actions & Commercial Litigation Lawyer

Bobbie Alvernaz

The Ontario Court of Appeal upheld the denial of certification in a proposed class action alleging childhood sexual abuse within Canadian Jehovah&rsquo;s Witness congregations. The Court found insufficient commonality among the proposed class members&rsquo; claims, which involved different perpetrators, congregations and circumstances, and agreed that individual or joinder actions would be the preferable procedure. The decision also distinguishes Gutierrez from other institutional abuse class actions where defendants had a more direct and common relationship with the alleged abuse.

Ontario Court of Appeal Refuses to Certify Institutional Abuse

Ontario Court of Appeal Refuses to Certify Institutional Abuse Class Action With No Common Perpetrator, Activity or Location 

Larissa D. Lees

Regulatory Lawyer at Bennett Jones Calgary

Jessica Kennedy

Bennett Jones attended the Data Centre West 2026 Conference in Calgary earlier this month, hosted by the Western Canada Data Centre Alliance, and engaged with representatives from industry, government and regulatory agencies on the issues facing Alberta's rapidly growing digital infrastructure sector. This year, discussions spanned the hyperscale and AI demand outlook, power procurement and grid access challenges, Alberta's regulatory framework, supply chain constraints and labour availability, and sustainability and community engagement, reflecting a sector that has moved well beyond early-stage interest and into active development and investment.

Albertas Digital Infrastructure Moment Has Arrived

Data Centre West 2026: Alberta's Digital Infrastructure Moment Has Arrived

Greg M. Johnson

Energy Tax & Corporate Lawyer | M&A, Reorganizations & PE

Jared A. Mackey

Corporate Tax Lawyer at Bennett Jones Calgary

Brendan Sigalet

Tax Lawyer at Bennett Jones Calgary

On September 15, 2026, the Canadian federal government announced the "Productivity Mega Deduction" at the first Canada Investment Summit, an incentive that will provide for immediate expensing for the majority of depreciable property, as well as Canadian development expenses, on a permanent basis. The Government of Canada stated that the purpose of the Productivity Mega Deduction is to boost business investment, enhance certainty and simplicity for businesses, and strengthen Canada's tax competitiveness.

Canada Proposes New Productivity Mega Deduction to Spur Investment

From Super to Mega: Canada Proposes New "Productivity Mega Deduction" to Spur Investment

J. Sébastien A. Gittens

Technology Lawyer & Trademark Agent

Tech & Data, National Practice Group Leader 

Suzie Suliman

Commercial Transactions Lawyer at Bennett Jones Toronto

Associate, Trademark Agent

Kees de Ridder

Technology, IP & Privacy Lawyer | Patents, Licensing & Cyber

Partner, Patent Agent, Trademark Agent

The Office of the Privacy Commissioner of Canada has released draft guidance outlining best practices for organizations to assess the privacy practices of third-party service providers under PIPEDA. The guidance emphasizes that privacy due diligence is an ongoing accountability obligation, with particular attention to data flows, AI and training data, security, subcontractors, international transfers and data retention.

OPC Issues New PIPEDA Guidance on Assessing Third-Party Service Providers

Ashley M. White

Corporate & Commercial Transactions Lawyer | Power & Energy

Martin Ignasiak KC

Energy & Industrial Projects Lawyer

Head of Energy Regulatory

Nathan Murray

Energy Regulatory, Environmental & Administrative Lawyer

Canada has amended the Physical Activities Regulations to remove certain intraprovincial energy projects and Canada Energy Regulator-regulated facilities from the federal Impact Assessment Act Project List. The changes are intended to reduce regulatory duplication, timelines and costs while providing greater certainty for proponents, while other federal environmental and emissions requirements remain applicable.

Government of Canada Reduces the Scope of the Project List under the Impact Assessment

Government of Canada Reduces the Scope of the Project List under the Impact Assessment Act

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Priority Issues with Other Mortgages

From the Same Authors

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