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Martin Ignasiak KC

Energy & Industrial Projects Lawyer

Head of Energy Regulatory

Michael P. Theroux KC

Commercial Litigation, Arbitration & Energy Litigation Lawyer

Partner 

Brynne Harding

Litigation Lawyer at Bennett Jones Calgary

Partner

The Supreme Court of Canada has resolved one of the most consequential questions left open by Vavilov, and which has divided jurisprudence in lower courts since then&mdash;whether judicial review is constitutionally guaranteed or can be barred by privative clauses.

Big Implications for Appeals from Administrative Tribunals

The Supreme Court Settles the Constitutional Floor for Judicial Review in Democracy Watch v Canada

Tyler McDonough

Commercial Litigation Lawyer at Bennett Jones Calgary

In Alberta, punitive cost awards in administrative proceedings may be a thing of the past. In <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abca/doc/2022/2022abca336/2022abca336.html" target="_blank">Jinnah v Alberta Dental Association and College</a>, Alberta’s top court established a new presumption that the profession as a whole—and not individual members—should bear the costs of all but the most serious disciplinary proceedings.

Court of Appeal tells Regulators to Pony Up for Disciplinary Proceedings

Munaf Mohamed KC

Commercial Litigation & Economic Crimes Lawyer | Trials & Appeals

A bold Alberta Court of King's Bench decision, <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abkb/doc/2023/2023abkb209/2023abkb209.html?" target="_blank">Alberta Health Services v Johnston, </a><a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abkb/doc/2023/2023abkb209/2023abkb209.html?" target="_blank">2023 ABKB 209</a>, declined to follow Ontario appellate authority on the issue and established the tort of harassment in Alberta to fill a "gap in the law".

Alberta Gains New Tort of Harassment and Limits Defamation By Government Actors

Alberta Gains New Tort of Harassment and Limits Defamation By Government Actors—Online and IRL

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer

In its latest SR&ED decision, <a href="https://www.canlii.org/en/ca/fca/doc/2022/2022fca72/2022fca72.html?autocompleteStr=2022%20fca%2072&autocompletePos=1">National R&D Inc v Canada, 2022 FCA 72</a>, the Federal Court of Appeal reminded litigants of the first principles of expert evidence, the rules and requirements govern it, and of the dangers of failing to do so.

National R and D A Cautionary Tale about Expert Evidence

National R&D: A Cautionary Tale about Expert Evidence

J. Sébastien A. Gittens

Technology Lawyer & Trademark Agent

Tech & Data, National Practice Group Leader 

Suzie Suliman

Commercial Transactions Lawyer at Bennett Jones Toronto

Associate, Trademark Agent

Kees de Ridder

Technology, IP & Privacy Lawyer | Patents, Licensing & Cyber

Partner, Patent Agent, Trademark Agent

The Office of the Privacy Commissioner of Canada has released draft guidance outlining best practices for organizations to assess the privacy practices of third-party service providers under PIPEDA. The guidance emphasizes that privacy due diligence is an ongoing accountability obligation, with particular attention to data flows, AI and training data, security, subcontractors, international transfers and data retention.

OPC Issues New PIPEDA Guidance on Assessing Third-Party Service Providers

Ashley M. White

Corporate & Commercial Transactions Lawyer | Power & Energy

Nathan Murray

Energy Regulatory, Environmental & Administrative Lawyer

Associate

Canada has amended the Physical Activities Regulations to remove certain intraprovincial energy projects and Canada Energy Regulator-regulated facilities from the federal Impact Assessment Act Project List. The changes are intended to reduce regulatory duplication, timelines and costs while providing greater certainty for proponents, while other federal environmental and emissions requirements remain applicable.

Government of Canada Reduces the Scope of the Project List under the Impact Assessment

Government of Canada Reduces the Scope of the Project List under the Impact Assessment Act

Jessica Kennedy

Regulatory Lawyer at Bennett Jones Calgary

Jennifer (Jenn) K. Choi

Commercial Litigation Lawyer at Bennett Jones Vancouver

On July 15, 2026, British Columbia and Simpcw First Nation entered into a consent-based decision-making agreement under the Declaration on the Rights of Indigenous Peoples Act (DRIPA) for the environmental assessment of the Yellowhead Copper Project. The Agreement requires Simpcw consent for the project to proceed and establishes a framework for parallel provincial and Indigenous environmental assessments. Its potential application to future mining projects in Simpcw&rsquo;s traditional territory highlights the evolving role of Indigenous consent in major resource development projects in British Columbia.

BC Signs DRIPA Consent Agreement Requiring Simpcw Consent for Yellowhead Copper Project

BC Signs DRIPA Agreement Requiring Simpcw Consent for Yellowhead Copper Project

Katherine Booth

Litigation Lawyer at Bennett Jones Vancouver

The BC Court of Appeal in Cleaver v. The Cadillac Fairview Corporation Limited upheld the refusal to certify a privacy class action, finding no basis in fact for the claim&rsquo;s central allegation. The decision reinforces the courts&rsquo; gatekeeping role at certification and the importance of evidentiary support for the core allegations underlying a proposed class proceeding.

BC Court of Appeal No basis in fact no class action

BC Court of Appeal: No Basis in Fact = No Class Action 

Michael C. Smith

Litigation Lawyer at Bennett Jones Toronto

George W. H. Reid

International Trade, Investment and Public Procurement Lawyer at Bennett Jones Toronto

The Government of Canada has published a new Notice concerning the rules and procedures governing the administration of the quota for imports of electric vehicles from the People's Republic of China for the second period of Quota Year 1 (September 1, 2026 to February 28, 2027). The Notice, issued by Global Affairs Canada under the Export and Import Permits Act, confirms that the second allocation period will continue to operate similar to the first allocation period.&nbsp;

Administrative Law Q & A with the Honourable Marshall Rothstein C.C., QC

From the Same Authors