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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

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;

Notice Concerning the Quota for Imports of Chinese Electric Vehicles

Second Allocation Period Opens September 1, 2026

Edwin G. Kroft KC

Tax Litigation Lawyer at Bennett Jones

Kate Kim

Associate

Andrew Young

Tax Lawyer at Bennett Jones Vancouver

Issue 43 of Bennett Jones on Tax Disputes highlights recent developments in Canadian tax litigation and dispute resolution. This edition examines the limits of the Minister's ability to advance alternative assessment arguments, clarifies who may deduct legal costs incurred in tax disputes, and explores the role of price adjustment clauses in estate freeze transactions

Bennett Jones on Tax Disputes Issue 43

Bennett Jones on Tax Disputes: August 2026

Carl Cunningham

Management-side Employment Lawyer

David Cassin

Employment Lawyer at Bennett Jones Toronto

Julia Horowitz

Lawyer at Bennett Jones Toronto

In Wigdor v. Facebook Canada Ltd., 2026 ONCA 572, the Ontario Court of Appeal clarified that equity-based compensation, including RSUs, may constitute a term or condition of employment that must be preserved during the statutory notice period under the Employment Standards Act, 2000. The decision highlights the need for employers to carefully review RSU forfeiture provisions and saving language to ensure compliance with employment standards legislation, while confirming that the threshold for punitive damages remains high.

RSU Forfeiture Revisited Ontario Court of Appeal Provides Important Guidance for Employers

RSU Forfeiture Revisited: Ontario Court of Appeal Provides Important Guidance for Employers

Alison G. FitzGerald

International Arbitration Lawyer

Sabrina A. Bandali

International Trade, Regulatory and Investment Lawyer

Canada has introduced a new round of retaliatory tariffs on $27.6 billion worth of US goods in response to the Trump administration's 50% tariffs on Canadian exports. The measures, effective September 8, 2026, include surtaxes ranging from 15% to 50% on a wide range of products, alongside remission programs and duty relief mechanisms for affected businesses.

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

From the Same Authors