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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

Simon Grant

Financial Services & Regulatory Lawyer

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

Lucas Stevens-Hall

Corporate Lawyer at Bennett Jones Toronto

The Bank of Canada has published its first enforcement decisions under the Retail Payment Activities Act (RPAA), all involving unregistered payment service providers and $0 administrative monetary penalties. The decisions provide early insight into the Bank&rsquo;s enforcement approach and highlight the importance of registration, proactive remediation and ongoing RPAA compliance.

Bank Of Canada Publishes First RPAApaa Enforcement Decisions Against Payment Service Providers

Bank Of Canada Publishes First RPAA Enforcement Decisions Against Payment Service Providers

David Cassin

Employment Lawyer at Bennett Jones Toronto

Carl Cunningham

Management-side Employment Lawyer

Talia K. Bregman

Employment Services, National Practice Group Leader

After a series of conflicting decisions, the Court of Appeal for Ontario has clarified the enforceability of termination clauses in Ontario employment agreements through its recent decision in the dual appeals in Baker v Van Dolder&rsquo;s Home Team Inc. and Li v Wayfair Canada ULC.

At Any Time and for Any Reason is Here to Stay

Ontario Court of Appeal Restores Common Sense to Termination Clauses in Ontario Employment Agreements

"At Any Time" and "For Any Reason" is Here to Stay

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Andrew L. Jeanrie

Real Estate & Municipal Law Lawyer | Development & Approvals

Nathalie Hunter Heighington

Associate at Bennett Jones Vancouver

Associate

Part II of this three-part series examines Build Canada Homes&rsquo; Investment Policy Framework, including its priorities, eligible housing projects and partnership models. It explores how project readiness, affordability, scale, modular construction and cross-sector collaboration may position commercial real estate proponents to participate in BCH initiatives.

Part II How Build Canada Homes

Part II How Build Canada Homes Works: Investment Framework, Eligibility and Partnerships

Kristopher R. Hanc

M&A and Capital Markets Lawyer

Christopher J. Doucet

Corporate & Mining Lawyer | M&A & Corporate Finance

Aidyn Bhatia

Lawyer at Bennett Jones Toronto

The Canadian Securities Administrators (CSA) has launched a broad consultation on modernizing the regulation of public companies, examining venture issuer status, financial reporting, resale restrictions, material change reporting and alignment with U.S. developments. The Consultation Paper includes a proposed qualified institutional purchaser exemption that could provide eligible reporting issuers with greater flexibility to raise capital without traditional resale hold periods. Stakeholders have until November 13, 2026, to submit comments.

CSA Publishes Sweeping Consultation on Modernizing the Regulation of Public Companies

Meg Tweedlie

Director, Student Talent

Samuel Judson

Commercial Real Estate Lawyer at Bennett Jones Toronto

Change of control provisions in commercial leases can create uncertainty for both landlords and tenants, particularly where terms such as &ldquo;control&rdquo; and &ldquo;effective control&rdquo; are undefined. This article examines the Canadian legal landscape, key case law and Section 23 of Ontario&rsquo;s Commercial Tenancies Act, and offers practical considerations for drafting and negotiating change of control provisions. It also highlights potential carve-outs and strategies to reduce ambiguity and the risk of future disputes.

change of Control of Commercial Tenants Drafting

Change of Control of Commercial Tenants: Drafting, Interpretation and Practical Considerations

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

From the Same Authors