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John M. Mercury

Executive Chair & M&A Lawyer | Cross-Border Transactions

Executive Chair & Chair of the Board

James T. McClary

Private Equity and M&A Lawyer at Bennett Jones Calgary

Partner

Ian C. Michael

Corporate Lawyer at Bennett Jones Toronto

John Mercury, James McClary, Bryan Haynes, Ian Michael, Kristopher Hanc and Drew Broughton write the Canadian chapter in Lexology's global guide on Getting the Deal Through—Private M&A 2023. They look at the key trends, opportunities, challenges and risks that strategic decision makers need to consider when investing in Canada.

Getting the Deal Through in Private M A in Canada

Getting the Deal Through in Private M&A in Canada

Gary S.A. Solway

Technology, Media & Corporate Lawyer | Governance

Munaf Mohamed KC

Commercial Litigation & Economic Crimes Lawyer | Trials & Appeals

Lead Director and Partner

Gary Solway, Munaf Mohamed, John Mercury, Michael Mysak and Paul Romaniuk write "Ten Takeaways for Buyers and Sellers in Private M&A Transactions" in CVCA Central.

Ten Takeaways for Buyers and Sellers in Private MA Transactions

Ten Takeaways for Buyers and Sellers in Private M&A Transactions

John Mercury, James McClary, Bryan Haynes, Ian Michael, Kristopher Hanc and Drew Broughton provide a comprehensive and up-to-date overview of private M&A in the Canada chapter of Getting the Deal Through—Private M&A 2022.

Getting the Deal Through Private M A in Canada 2021

Getting the Deal Through—Private M&A in Canada 2022

A private M&A purchase agreement customarily includes extensive representations and warranties and indemnification provisions. Post-closing, if the buyer alleges a breach of those provisions claiming significant damages, and the seller disputes that allegation, that dispute could end up before the courts for resolution.

Ten Takeaways for Private MA Sellers and Buyers in Canada from Recent Court Decision

Ten Takeaways for Private M&A Sellers and Buyers in Canada from Recent Court Decision

Jehad Haymour

Tax Litigation Lawyer at Bennett Jones Calgary

Sophie Virji

Tax Lawyer at Bennett Jones Calgary

Anna Lekach

Associate

The Tax Court of Canada allowed ExxonMobil Canada Resources Company&rsquo;s appeal in a significant transfer pricing dispute concerning the deductibility of feasibility study costs related to a proposed Alaska-to-North America natural gas pipeline project. The Court found that the costs were incurred for the purpose of earning income and rejected the Minister&rsquo;s transfer pricing adjustments and Part XIII tax assessment. The decision provides important guidance on transfer pricing analysis, the application of the OECD Guidelines and the evidentiary role of expert testimony in tax disputes.

ExxonMobil Wins in Tax Court in Transfer Pricing Dispute

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Andrew L. Jeanrie

Real Estate & Municipal Law Lawyer | Development & Approvals

Helen Cassie

Associate at Bennett Jones Vancouver

This first installment in a three-part series examines the federal government&rsquo;s creation of Build Canada Homes (BCH) and the policy shift toward a more delivery-oriented role in housing development. It situates BCH within current market conditions and outlines how the new Crown corporation is intended to accelerate affordable housing supply through partnerships with the private and non-profit sectors.

A Three Part Series on the New Federal Approach to Housing Build Canada Homes

A Three-Part Series on the New Federal Approach to Housing: Build Canada Homes

Quinn Rozwadowski

Articling Student at Bennett Jones in Toronto

Articling Student

Jane C. Helmstadter

Real Estate Lawyer at Bennett Jones Toronto

Even carefully drafted lease covenants requiring tenants to repair and restore premises may not be enforced literally under Canadian common law. Courts consider reasonableness, commercial context, and ordinary wear and tear when assessing tenant obligations. This blog explores how landlords and tenants can navigate these limits and manage end-of-lease expectations.

Not Quite Absolute Obligations Reasonable Limits on Lease Covenants to Repair Restore

Not-Quite-Absolute Obligations: Reasonable Limits on Lease Covenants to Repair & Restore

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

John Mercury in Calgary Herald on Going Private Transactions in Energy Sector

From the Same Authors