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Daniel (Dan) R. Chubb

Corporate Commercial Lawyer at Bennett Jones Edmonton

Partner

Joan Bilsland

Knowledge Management Research Lawyer

Luke Stretch

Commercial Real Estate Lawyer

Associate

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

Stephen D. Burns

Energy & Infrastructure Technology Lawyer | IT/OT & Markets

Partner, Trademark Agent

J. Sébastien A. Gittens

Technology Lawyer & Trademark Agent

Tech & Data, National Practice Group Leader 

Scott H. D. Bower KC

Corporate, Commercial, Securities and Energy Lawyer

Partner 

Canadian courts and law societies, alike, are faced with an ever-evolving challenge: straddling the line between recognizing the potential benefits of emergent generative artificial intelligence (GenAI), while balancing the associated risks of using this technology. Principle to these associated risks is the ability of GenAI to "hallucinate" (i.e., generate incorrect information).

Unchartered Territories Canadian Courts and Law Societies Grapple with the Use of Generative

Unchartered Territories: Canadian Courts and Law Societies Grapple with the Use of Generative Artificial Intelligence Tools

Julia E. Schatz

Commercial & Regulatory Lawyer | Environmental & Agribusiness

The ability to extend a limitation period for an environmental claim is subject to considerable judicial discretion, the Court of Appeal of Alberta recently held in <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abca/doc/2024/2024abca60/2024abca60.html" target="_blank">Paramount Resources Ltd v Grey Owl Engineering Ltd, 2024 ABCA 60</a>. Section 218 of Alberta's Environmental Protection and Enhancement Act, RSA 2000, c E-12 gives a judge discretion to extend a limitation period "where the basis for the proceeding is an alleged adverse effect resulting from the alleged release of a substance into the environment".  However, no extension was granted in the case of a claim for remediation costs against other alleged contributors to a pipeline spill.

Extending Discretion Balancing the Limitations Act and Environmental Remediation Claims

Extending Discretion: Balancing the Limitations Act and Environmental Remediation Claims

Russell J. Kruger

Research Lawyer at Bennett Jones Calgary

Counsel

Separate corporate personality is not a loophole or technicality, but is an essential principle of corporate law, the Alberta Court of Appeal recently reiterated in <a rel="noopener noreferrer" href="https://canlii.ca/t/jzbmj" target="_blank">Condominium Corporation No. 0828219 v Carrington Holdings Ltd., 2023 ABCA 222</a> [Carrington] and <a href="https://canlii.ca/t/jzf2t" target="_self">Swanby v Tru-Square Homes Ltd, 2023 ABCA 224</a> [Swanby]. Together, Carrington and Swanby highlight the powerful impact of separate corporate personality on shareholder liability for the actions of their corporations.

Separate Corporate Personality Remains Alive and Well in Alberta

Steven L. Major KC

Commercial Litigation Lawyer | Energy

Audrix Arce

At the 75th Canadian Energy Executive Association (CEEA) conference, industry leaders, government officials and Indigenous partners explored the opportunities and challenges shaping Canada's energy future. Discussions focused on regulatory certainty, interprovincial cooperation, AI and data centre growth, value-added energy development, and the importance of early Indigenous and landowner engagement. The key takeaway was clear: Canada has a strategic window to advance energy infrastructure and attract investment, but success will depend on timely action, collaboration and execution.

Key Takeaways from the Energy Business Forum at CEEA 75

Key Takeaways from the Energy Business Forum at CEEA '75

Simon Grant

Financial Services & Regulatory Lawyer

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

Kwang Lim

Corporate and Securities Lawyer

Vancouver Managing Partner

Canada is taking a category-by-category approach to regulating prediction markets, with the CSA and CIRO permitting certain event contracts while directing others outside the securities and derivatives framework. This article examines Canada's emerging regulatory landscape and the key considerations for platforms, dealers, financial institutions and investors participating in these evolving markets.

Prediction Markets in Canada A Category-by-Category Regulatory Framework

Prediction Markets in Canada: A Category-by-Category Regulatory Framework

Christopher J. Doucet

Corporate & Mining Lawyer | M&A & Corporate Finance

Zirjan (Zee) J. Derwa

Competition and Foreign Investment Review Lawyer

In the September edition of Canadian Mining Journal, Christopher Doucet and Zirjan Derwa explore how the Canada-China Economic and Trade Cooperation Roadmap may reshape the investment landscape for Chinese participation in Canada's mining sector. They discuss whether greater regulatory clarity could encourage investment in base and precious metals while maintaining Canada's national security protections for critical mineral assets.

Canadian Mining Journal New policy roadmap

Canadian Mining Journal: New policy roadmap may help miners navigate Chinese investment landscape

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.

Alberta's Limitation Laws

From the Same Authors