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Michael P. Theroux KC

Commercial Litigation and Arbitration and Energy Litigation Lawyer at Bennett Jones Calgary

Partner 

Timothy Ke

Commercial Litigation Lawyer at Bennett Jones Calgary

Associate

In a recent <a rel="noopener noreferrer" href="https://www.canlii.org/en/ca/fct/doc/2023/2023fc849/2023fc849.html" target="_blank">decision</a>, the Federal Court has rejected an attempt by non-governmental organizations (NGOs) to set aside ministerial approval of a significant offshore oil and gas project. The NGOs argued that the Minister failed to take into account downstream emissions and marine shipping risks in approving the project. This case is another example of NGOs using the court process to advance concerns about climate change.

Court Rules That Unquantifiable Climate Impacts Are Not Sufficient to Overturn Project Approval

Kelsey J. Meyer

Commercial Litigation, Bankruptcy, Insolvency and Restructuring Lawyer at Bennett Jones Calgary

Partner

Jaspreet K. Singh

Canadian courts rendered a number of notable decisions in the commercial litigation sphere in 2022 that made headlines for the impacts they will have on the landscape of businesses facing a dispute. Now that we are well into the start of 2023, we have compiled our top 10 commercial litigation cases that will affect businesses and the practice of commercial litigation in Canada.

Insights and Takeaways From Our Top 10 Commercial Litigation Cases of 2022

Scott H. D. Bower KC

Corporate, Commercial, Securities and Energy Lawyer at Bennett Jones Calgary

Ciara J. Mackey

Despite finding a clear error resulting in warrant holders being deprived of meeting and voting rights under a court-approved plan of arrangement, the Alberta Court of Appeal declined to grant relief and unwind the underlying transaction once it had closed: Taiga Gold Corp v Munday, 2023 ABCA 12. This recent appeal highlights the unwillingness of the courts to unwind a completed transaction and the importance of seeking interim relief to preserve the status quo in the event of a dispute about the proper approval of a plan of arrangement.

Alberta Court of Appeal Reluctant to Unwind Arrangement Transaction

What's Done is Done: Alberta Court of Appeal Declines to Unwind Arrangement Transaction Despite Errors in Approval Process

Cheryl M. Woodin

Commercial Litigation, Product Liability & Class Actions Lawyer at Bennett Jones Toronto

Cheryl Woodin, Laura Gill, Michael Theroux and Rebecca Taylor write in JWN Energy on how Vancouver City Council recently passed a motion to fund a proposed class action against various oil & gas companies to recover costs associated with climate change. 

Canadian Municipalities Climate Change Litigation and Oil Gas Companies

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

Employment Lawyer at Bennett Jones Toronto

David Cassin

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

Mykala Way

Commercial Real Estate Lawyer at Bennett Jones Toronto

Jane C. Helmstadter

Real Estate Lawyer at Bennett Jones Toronto

The Ontario Court of Appeal&rsquo;s decision in 100 Bloor Street West Corporation v. Barry&rsquo;s Bootcamp Canada Inc. underscores the risks of vague realty tax provisions in commercial leases. The case highlights how inconsistent or ambiguous calculation methods can expose both landlords and tenants to costly litigation. Clear, consistent, and fair drafting of tax allocation clauses is essential to avoid disputes and ensure predictable outcomes.

One Method Many Taxes Lease Interpretation and Realty Tax

One Method, Many Taxes: Lease Interpretation and Realty Tax Allocation in 100 Bloor Street West v. Barry’s Bootcamp

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Vanessa Kiraly

A recent Ontario Superior Court decision underscores the importance of precise lease drafting. In Malleum Real Estate v. Donut Monster, the court held that tenant obligations began on the fixed commencement date&mdash;regardless of unfinished landlord improvements or pandemic disruptions. The ruling highlights that assumptions cannot override clear lease terms and offers practical lessons for both landlords and tenants.

When Assumptions Break Leases The Need for Clear Terms

When Assumptions Break Leases: The Need for Clear Terms

Vasilis F. L. Pappas, FCIArb

International Arbitration Lawyer at Bennett Jones Vancouver and Calgary

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Geoffrey P. Stenger

Project Development, Energy, Infrastructure and Construction Lawyer at Bennett Jones Calgary

On October 7, 2025, British Columbia introduced Bill 20, the Construction Prompt Payment Act. If enacted, it will overhaul payment timelines and create a fast-track adjudication process for construction disputes. The legislation is expected to significantly impact owners, contractors and subcontractors across the province.

Water Use Challenges to Oil and Gas Developments

From the Same Authors