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

Robert W. Staley

Securities & Commercial Litigation Lawyer | Shareholder Disputes

Vice Chair and Partner

Cheryl M. Woodin

Commercial Litigation, Product Liability & Class Actions Lawyer at Bennett Jones Toronto

Partner

Ciara J. Mackey

Commercial Litigation Lawyer at Bennett Jones Calgary

In Sinclair v. Venezia Turismo, 2025 SCC 27, the Supreme Court of Canada clarified that jurisdiction must be assessed for each defendant individually. A plaintiff cannot rely on one defendant&rsquo;s contract or weak connecting factors to extend jurisdiction to others. The decision strengthens the principles of corporate separateness in cross-border disputes.

The SCC Clarifies Approach to Jurisdiction Against Multiple Defendants in Cross Border Disputes

Sinclair v. Venezia Turismo: The SCC Clarifies Approach to Jurisdiction Against Multiple Defendants in Cross-Border Disputes

Michael D. Mysak

Corporate & Commercial Litigation Lawyer

David R. McKinnon

Energy & Environmental Litigation Counsel

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

Andrew N. Disipio

Mining & Corporate Finance Lawyer | M&A, Equity & Debt Deals

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

The latest dispute in the asset deal between Spacebridge Inc. and Baylin Technologies Inc.1 is a stark warning to anyone delivering a notice of indemnification claim against funds held in escrow.

No Space for Error Invalid Indemnity Claim in Asset Transaction Failed to Follow Notice Terms

No Space for Error: Invalid Indemnity Claim in Asset Transaction Failed to Follow Notice Terms

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer at Bennett Jones Calgary

Alison G. FitzGerald

International Arbitration Lawyer at Bennett Jones Ottawa

In its recent decision in <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abkb/doc/2024/2024abkb317/2024abkb317.html" target="_blank">Quanta Canada Holdings II ULC v Bremar Construction Ltd</a><a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abkb/doc/2024/2024abkb317/2024abkb317.html" target="_blank">, 2024 ABKB 317</a>, the Alberta Court of King's Bench established a principled framework for considering an application for permission to appeal an arbitral award under sections 44(2) and 44(2.1) of the Arbitration Act. In Alberta, if the governing arbitration agreement does not provide a broader right of appeal, permission to appeal under section 44 is limited to questions of law where the importance to the parties of the matters at stake in the arbitration justifies an appeal and the determination of the question of law at issue will significantly affect the parties' rights.

Dancing the Two Step to Appeal an Arbitration Award in Alberta

Dancing the Two-Step to Appeal an Arbitration Award in Alberta

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

Associate

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

Simon P. Crawford

Leading Commercial Real Estate Lawyer at Bennett Jones Toronto

Vanessa Kiraly

In Oliva v. Dickson (2025 ONSC 6666), the Ontario Superior Court confirmed that Building Code compliance can be an implied term of an Agreement of Purchase and Sale and a basis for vendor-builder liability in negligence. Even without structural failure or express contractual representations, failing to obtain required permits may breach both contractual and tort duties. The decision is a cautionary reminder that regulatory compliance defines both legal risk and commercial expectations in real estate transactions.

No Permit Big Problems

No Permit, Big Problems: Building Code Compliance,  Implied Terms and Vendor-Builder Liability in Ontario

Daniel (Dan) R. Chubb

Corporate Commercial Lawyer at Bennett Jones Edmonton

Joan Bilsland

Knowledge Management Research Lawyer at Bennett Jones

Knowledge Management Research Lawyer

Luke Stretch

Commercial Real Estate Lawyer at Bennett Jones Calgary

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

Hon. John R. Baird P.C.

Senior Advisor | International Trade, Investment & Security

Senior Business Advisor

Sander A.J.R. Grieve KC

Global Mining Finance & M&A Lawyer | Bennett Jones Toronto

Members of Bennett Jones' mining team shared their insights across three panels held at the firm's Toronto office during this year's PDAC convention. The discussions addressed the opportunities and complexities of this evolving landscape&mdash;and what Canada must do to capitalize on the moment.

Optimism Abounds at PDAC 2026 and Bennett Jones Panels

Title Alphabetical

Title

BennettJones

Mackey Ciara

Bower Scott

Commercial Litigation