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Christine Plante

Civil Fraud Recovery, Employment and Shareholder Disputes Lawyer at Bennett Jones Calgary

Partner

Justin R. Lambert

Energy Industry Dispute, Fraud, Securities and Corporate Litigation Lawyer at Bennett Jones Calgary

Michael A. Eizenga L.S.M.

Leading Canadian Class Action Litigator at Bennett Jones Toronto

Partner 

Workplace class proceedings are on the rise in Canada. Recent class actions have involved employee claims for <a rel="noopener noreferrer" href="https://www.canlii.org/en/on/onca/doc/2022/2022onca115/2022onca115.html" target="_blank">overtime</a>, <a rel="noopener noreferrer" href="https://www.canlii.org/en/on/onsc/doc/2020/2020onsc5368/2020onsc5368.html" target="_blank">vacation time</a>, <a rel="noopener noreferrer" href="https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc2414/2021bcsc2414.html?searchUrlHash=AAAAAQAgImVzY29iYXIiIEFORCAiY2xhc3MgcHJvY2VlZGluZyIAAAAAAQ&resultIndex=1#_Toc89857824" target="_blank">damages for COVID-19 pandemic terminations</a>, <a rel="noopener noreferrer" href="https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1608/2022bcsc1608.html?searchUrlHash=AAAAAQAgImVzY29iYXIiIEFORCAiY2xhc3MgcHJvY2VlZGluZyIAAAAAAQ&resultIndex=2#_Toc113546909" target="_blank">extended healthcare benefits</a>, <a rel="noopener noreferrer" href="https://www.canlii.org/en/on/onsc/doc/2021/2021onsc5518/2021onsc5518.html" target="_blank">misclassification of workers</a> and <a rel="noopener noreferrer" href="https://www.canlii.org/en/ca/fct/doc/2017/2017fc51/2017fc51.html?searchUrlHash=AAAAAQAKaGFyYXNzbWVudAAAAAAB&offset=0" target="_blank">systemic discrimination and harassment</a>. The Alberta Court of Appeal decision in <a rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abca/doc/2022/2022abca374/2022abca374.html?searchUrlHash=AAAAAQBTImNsYXNzIHByb2NlZWRpbmdzIiBPUiAiY2xhc3MgYWN0aW9uIiBPUiAiYWN0aW9uIGNvbGxlY3RpdmUiIE9SICJyZWNvdXJzIGNvbGxlY3RpZiIAAAAAAQ&resultIndex=3" target="_blank">Flesch v Apache Corporation, 2022 ABCA 374</a> now adds claims for long-term incentive compensation to this growing list. This decision also revisits the "gatekeeping" role the court has in certifying such class proceedings.

Tis the Reason ABCA Considers Expanding Gatekeeping Role of Courts

'Tis the Reason: ABCA Considers Expanding Gatekeeping Role of Courts in Certification of Workplace Class Proceeding

Martin Ignasiak KC

Regulatory Lawyer at Bennett Jones Calgary

A majority of the Supreme Court of Canada recently clarified that any public “advantage” that government obtains through land regulations that deprives a property owner of all reasonable or economic uses of their property is sufficient to establish a de facto expropriation claim. <a rel="noopener noreferrer" href="https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/19534/index.do" target="_blank">Annapolis Group Inc v. Halifax Regional Municipality</a>, 2022 SCC 36 is a welcome development for land and resource developers.

Government Advantage and Reasonable Land Use Supreme Court of Canada Clarifies Law

Government Advantage and Reasonable Land Use

Supreme Court of Canada Clarifies Law In de facto Expropriation Cases

Munaf Mohamed KC

Civil Fraud, Commercial Litigation and International Asset Recovery Lawyer at Bennett Jones Calgary

Lead Director and Partner

Michael D. Mysak

Corporate, Fraud and Securities Litigation and Shareholder Dispute Lawyer at Bennett Jones Calgary

In Henenghaixin Corp v Deng, 2022 ABCA 271, the Alberta Court of Appeal sent a clear warning that counsel applying for extraordinary remedies must be careful when relying on hearsay evidence to ground their claims. In this case, the applicants relied on hearsay evidence without explaining why they were required to do so. The result was that the order was set aside on appeal.

Is it Getting Harder to Get a Worldwide Freezing Injunction in Alberta

Is It Getting Harder to Get a Worldwide Freezing Injunction In Alberta?

Keely Cameron

Litigation Lawyer at Bennett Jones Calgary

Belal Zaher

Commercial Litigation Lawyer at Bennett Jones Calgary

Associate

In Perez-Nana v Cargill Limited, 2022 ABQB 283, the Alberta Court of Queen's Bench considered a sequencing application. Guided by efficiency and fairness, the Court refused to hear the motion to strike the claim or portions thereof prior to the certification application, and ordered the applications be heard concurrently.

Alberta Court Denies Application to Hear Motion to Strike Prior to Class Action

Alberta Court Denies Application to Hear Motion to Strike Prior to Class Action Certification Hearing

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

Dominique Carli

Commercial Transactions Lawyer at Bennett Jones Toronto

Wittington Investments has launched a C$100 million fund to support Canadian food producers with equity or debt financing. Success depends on legal readiness, from IP protection to governance, ensuring businesses are prepared to attract and secure investment.

Legal Readiness for Food Producers Navigating Wittington Investments C100M Fund

Legal Readiness for Food Producers: Navigating Wittington Investments’ C$100M Fund

Sean Zweig

Restructuring, Insolvency and Bankruptcy Lawyer at Bennett Jones Toronto

Andrew Froh

Commercial Litigation Lawyer at Bennett Jones Vancouver

James Atkinson

Articling Student at Bennett Jones 

Articling Student          

A recent decision of the US Bankruptcy Court in Re: Iovate Health Sciences International Inc. provides important insights for Canadian companies involved in cross-border restructurings. The case addresses how debtor companies can rebut the presumption that their &ldquo;center of main interests&rdquo; (COMI) is located at their registered office when seeking Chapter 15 recognition in the United States. Chief Judge Glenn reaffirmed that COMI is determined by a non-exhaustive set of factors, including management, assets, creditors and creditor expectations, and may also be influenced by pre-filing restructuring activities.

Trend Watch Determining COMI in US Chapter 15 Proceedings

Trend Watch: Determining COMI in US Chapter 15 Proceedings

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

AI is transforming performance marketing through hyper-personalization, automated content creation, and data-driven insights&mdash;enhancing efficiency while raising new legal and ethical considerations for brands.

The Implications of AI on Performance Marketing

Dom Sorbara

Banking & Financial Services Lawyer at Bennett Jones Toronto

Elizabeth K. Dylke

Corporate and Private Funds Lawyer

James G. Morand

Tax Lawyer at Bennett Jones Toronto

This edition of the PE Briefing examines private equity developments in the third quarter of 2025, including trends in Canadian and global deal activity, the continued growth and complexity of private credit, Ontario&rsquo;s advantages as a jurisdiction for non-US flow-through vehicles, and practical considerations in the drafting of earnouts.

The PE Briefing Q3 2025

The Q3 2025 PE Briefing

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer at Bennett Jones Calgary

Brian P. Reid

Litigation, Construction, Joint Venture Agreement and Builder's Lien Lawyer at Bennett Jones Calgary

Aly Parth

Articling Student at Bennett Jones in Calgary 

Articling Student 

The Alberta Court of Appeal&rsquo;s decision in Tempo v. Man-Shield confirms that equitable set-off is a true defence capable of precluding summary judgment in construction disputes. The ruling emphasizes that where claims and cross-claims are inseparably connected, courts must account for both to avoid unjust outcomes. This case provides important guidance for contractors, subcontractors and counsel navigating payment disputes and litigation strategy in the construction sector

Justin Lambert in Lawyer's Daily on Alberta Securities Commission Whistleblower Office

From the Same Authors