People

Services

Industries

Firm

About

Knowledge

Careers

News

Events

Contact

Connect

Privacy Policy

Disclaimer

Terms of Use

Accessibility

Payments

Legal

Calgary

Toronto

Edmonton

Ottawa

Vancouver

New York

Montréal

Gary S.A. Solway

Technology, Media & Corporate Lawyer | Governance

Partner

Lisa Kakoske

Corporate and Securities Lawyer

Bruce A. Hibbard

Corporate & Securities Lawyer | M&A

Partner 

Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups, is a comprehensive guide designed to help Canadian technology startups navigate the complexities of choosing the right jurisdiction for incorporation.

Incorporation Forum Shopping in Canada Considerations for Canadian Tech Startups

Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

Joseph N. Blinick

Corporate & Securities Litigation Lawyer

Thomas Feore

Commercial Litigation Lawyer at Bennett Jones Toronto

Associate

In 2023, the Ontario Superior Court of Justice (Commercial List) released its highly anticipated decision in Workman Optometry Professional Corporation v Certas Home and Auto Insurance Company. The Court’s decision, which followed a three-week long common issues trial that included the testimony of representative plaintiffs and expert witnesses, was the first Canadian trial decision of its kind to consider the application of insurance contract interpretation principles to COVID-19 pandemic-related claims.

The COVID Virus Does Not Trigger Business Interruption Insurance Coverage

The COVID-19 Virus Does Not Trigger Business Interruption Insurance Coverage

Cheryl M. Woodin

Commercial Litigation & Trial Lawyer

Michael A. Eizenga L.S.M.

Leading Canadian Class Action Litigator at Bennett Jones Toronto

Pascale Dionne-Bourassa

Montréal Managing Partner

In our 2024 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead.

Class Actions Looking Forward 2024

Class Actions: Looking Forward 2024

In June 2022, the Final Report of the Commission of Inquiry into Money Laundering in British Columbia was published. The report canvasses the nature and extent of money-laundering activities in British Columbia and examines multiple issues that have contributed to its precipitous rise.

The Cullen Commission Explores the Issue of Money Laundering Through Virtual Assets

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Luke Stretch

Commercial Real Estate Lawyer at Bennett Jones Calgary

Nathalie Hunter

Articling Student at Bennett Jones Vancouver

Articling Student

In Convocation Flowers Incorporated v. Anisa Holdings Ltd., 2026 ONCA 145, the Ontario Court of Appeal held that a landlord&rsquo;s interference with essential common area access&mdash;specifically loading dock facilities&mdash;can constitute a repudiatory breach of a commercial lease. The Court emphasized that even broadly drafted landlord discretion clauses cannot be exercised in a way that defeats a tenant&rsquo;s core operational use of the premises. The decision reinforces that courts will assess lease performance in practical, commercial terms when determining whether a fundamental breach has occurred.

Repudiation by Denied Access

Convocation Flowers Incorporated v. Anisa Holdings Ltd., 2026 ONCA 145

Repudiation by Denied Access: ONCA Confirms Loss of Essential Common Area Access May Be Repudiatory Breach of Lease

Alison G. FitzGerald

International Arbitration Lawyer at Bennett Jones Ottawa

Quinn Scarlett

Commercial Litigation and Arbitration Lawyer at Bennett Jones Toronto

In Grace et al v. The United Mexican States, the Ontario Superior Court set aside a NAFTA arbitral award on both jurisdictional and arbitrator impartiality grounds, marking a significant development in Canada&rsquo;s international arbitration jurisprudence. The decision clarifies Ontario courts&rsquo; willingness to conduct rigorous review of jurisdictional determinations, scrutinize arbitrator disclosure obligations, and preserve meaningful protections for minority investors and dual nationals in investor-state disputes. 
<div>&nbsp;</div>

Ontario Court Sets Aside ICSID Award in NAFTA Arbitration

Ontario Court Sets Aside ICSID Award in NAFTA Arbitration: Key Lessons on Jurisdiction and Arbitrator Impartiality

Mark V. Lewis

Commercial Real Estate Lawyer at Bennett Jones Vancouver

Vanessa Kiraly

Commercial Real Estate Lawyer at Bennett Jones Toronto

Jacob Mandrusiak

Corporate Commercial Lawyer at Bennett Jones Edmonton

This blog examines the Newfoundland and Labrador Court of Appeal&rsquo;s decision in Nova Fish Farms Inc. v. Cold Ocean Salmon Inc., holding that &ldquo;time is of the essence&rdquo; clauses do not apply to contractual obligations framed in indefinite terms such as &ldquo;commercially reasonable efforts.&rdquo; The case highlights the legal limits of TOE clauses absent fixed deadlines and underscores the importance of express outside or longstop dates in allocating timing and termination risk in commercial contracts. The forthcoming Supreme Court of Canada appeal may significantly shape future drafting practices for conditional transactions.

Time Of The Essence Clauses And Indefinite Obligations In Commercial Contracts

Nova Fish Farms Inc. v. Cold Ocean Salmon Inc (2025 NLCA 28)

Time of the Essence Clauses and Indefinite Obligations in Commercial Contracts

Ahmed Elmallah

Intellectual Property Lawyer at Bennett Jones Edmonton

Counsel, Patent Agent, Trademark Agent

Roseann Caldwell

Canadian and United States Patent Agent at Bennett Jones Calgary

Patent Agent

Stephen D. Burns

Energy & Infrastructure Technology Lawyer | IT/OT & Markets

Partner, Trademark Agent

This update analyzes recent Patent Appeal Board decisions to identify trends in the allowance of fintech and financial services patents in Canada. It shows that patentable claims typically frame innovations as technical solutions&mdash;such as improving computing efficiency or integrating specialized hardware&mdash;rather than purely business methods. These trends align with post-Dusome guidance and provide practical insight into how fintech inventions can meet patent eligibility requirements.

Fintech Patents Allowance Trends At The Canadian Patent Appeal Board

Part 2 Fintech Patents: Allowance Trends At The Canadian Patent Appeal Board

Brendan Sigalet

Tax Lawyer at Bennett Jones Calgary

Greg M. Johnson

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

Luke Morrison

Energy Project Development, M&A, and Commercial Transaction Lawyer at Bennett Jones Calgary

The federal government released the Spring Economic Update (SEU) on April 28, 2026, with the stated purpose of advancing its goal of building a stronger, more independent and resilient Canadian economy. Of particular interest to energy and clean-technology businesses, the SEU introduces several measures aimed at accelerating investment in low-carbon infrastructure.

Spring Economic Update Expands Canadas Carbon Capture Tax Credit Regime

Spring Economic Update Expands Canada's Carbon Capture Tax Credit Regime to Include Enhanced Oil Recovery

Title Alphabetical

Title

normal

Joseph Blinick Recognized by the OBA in Pro Bono in Action

From the Same Authors

Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

The COVID-19 Virus Does Not Trigger Business Interruption Insurance Coverage

Class Actions: Looking Forward 2024

Latest Insights

Repudiation by Denied Access: ONCA Confirms Loss of Essential Common Area Access May Be Repudiatory Breach of Lease

Ontario Court Sets Aside ICSID Award in NAFTA Arbitration: Key Lessons on Jurisdiction and Arbitrator Impartiality

Time of the Essence Clauses and Indefinite Obligations in Commercial Contracts

Fintech Patents: Allowance Trends At The Canadian Patent Appeal Board

Stay Informed. Stay Ahead.