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Michael D. Mysak KC

Corporate & Commercial Litigation Lawyer

Partner

David R. McKinnon

Energy & Environmental Litigation Counsel

Ciara J. Mackey

Commercial Litigation Lawyer at Bennett Jones Calgary

Research and Opinions, National Practice Group Leader

In the glow of negotiating a commercial lease, no landlord or tenant wants to think about how it might end early. But recent developments again remind us that a nuanced termination clause will significantly affect if, when and how a termination right is triggered.

Lease Termination Clauses

Lease Termination Clauses: Know the Target Before Pulling the Trigger

Keely Cameron

Litigation Lawyer at Bennett Jones Calgary

A recent <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abca/doc/2024/2024abca139/2024abca139.html" target="_blank">decision </a>out of the Alberta Court of Appeal found that as soon as a company handed over their investigative reports to regulators in connection with a pipeline incident, privilege over the reports was lost.

Submitting an Incident Response Report to a Regulator Consider Privilege Waived

Submitting an Incident Response Report to a Regulator? Consider Privilege Waived

Justin R. Lambert

Securities & Commercial Litigator | Fraud & Energy Disputes

Munaf Mohamed KC

Commercial Litigation & Economic Crimes Lawyer | Trials & Appeals

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?

Gary S.A. Solway

Technology, Media & Corporate Lawyer | Governance

John M. Mercury

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

Executive Chair & Chair of the Board

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

Ethan Z. Schiff

Class Actions & Commercial Litigation Lawyer

The Supreme Court of Canada&rsquo;s decision in SS&amp;C Technologies Canada Corporation v. Bank of New York Mellon Corporation, 2026 SCC 29, revisits the doctrine of spoliation and confirms that courts must draw an adverse inference when intentional destruction of relevant evidence is established. The decision provides guidance on the test for spoliation, the scope of mandatory adverse inferences and the importance of preserving evidence during litigation.

The Supreme Court of Canada Affirms Mandatory Adverse Inference in Cases of Spoliation

The Supreme Court of Canada Affirms Mandatory Adverse Inference for Spoliation

Dominique T. Hussey

Chief Executive Officer and Intellectual Property Litigator, Pharma/Biotech and Trademark Lawyer

Chief Executive Officer

Vincent M. de Grandpré

IP Lawyer | Life Sciences & Tech

Emily P. Kettel

Intellectual Property Lawyer at Bennett Jones Toronto

Partner, Trademark Agent

In Pharmascience v. Janssen Inc., the Supreme Court of Canada reaffirmed that methods of medical treatment remain unpatentable subject matter under the Patent Act because they are directed to the professional skill and judgment of healthcare practitioners. At the same time, the Court upheld the patentability of the dosing regimen claims at issue, clarifying that not all therapeutic or treatment-related claims constitute unpatentable methods of medical treatment. The decision provides important guidance on assessing patent eligibility for pharmaceutical and life sciences innovations in Canada.

Supreme Court of Canada Reaffirms that  Methods of Medical Treatment are Unpatentable

Supreme Court of Canada Confirms That Medical Professional Skill and Judgment Are Excluded From the Patent Bargain

Evana Yukanna

Commercial Litigation Lawyer at Bennett Jones Toronto

Associate

Ontario court denies a late class action opt-out request, reinforcing settlement finality and confirming prejudice can arise before court approval.

Ontario Court Reinforces Finality of Class Proceedings in Rejecting Late Opt Out Request

Ontario Court Reinforces Finality of Class Proceedings in Rejecting Late Opt-Out Request

Martin Ignasiak KC

Energy & Industrial Projects Lawyer

Head of Energy Regulatory

Tyler McDonough

Logan Lazurko

Energy & Regulatory Lawyer | Environmental

On June 17, 2026, the Alberta Court of Appeal unanimously dismissed an appeal by Fort McMurray 468 First Nation challenging an Alberta Energy Regulator decision that the First Nation lacked standing to request regulatory appeals of approvals issued to AdhMor Ltd. for an oilfield waste management facility near Fort McMurray. The decision in Fort McMurray 468 First Nation v Alberta Energy Regulator, 2026 ABCA 197, offers important guidance on what it takes to get in the door at the AER.

Alberta Court of Appeal Confirms Cumulative Effects are no Substitute for Evidence

No Standing Without Specifics: Alberta Court of Appeal Confirms that Cumulative Effects are no Substitute for Evidence

Wesley R. Novotny

Corporate Tax Lawyer at Bennett Jones Calgary

Wade Ritchie

Tax Lawyer at Bennett Jones Calgary

Zachary Thacker

In the April 28, 2026 Spring Economic Update, the federal government announced its intention to make permanent the C$10 million capital gains exemption available on certain sales of businesses to employee ownership trusts and worker cooperatives, which exemption was previously set to expire at the end of 2026. This amendment has now passed into law as part of Bill C-30, which received Royal Assent on June 18, 2026.

Capital Gains Exemption Made Permanent for Employee Ownership Trusts

A Major Boost for Canadian Business Succession

C$10 Million Capital Gains Exemption Made Permanent for Employee Ownership Trusts 

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Michael Mysak Quoted in Financial Post

From the Same Authors