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

Samuel Judson

Commercial Real Estate Lawyer at Bennett Jones Toronto

Associate

Craig R. R. Garbe

Commercial Real Estate Lawyer | Funds, REITs & JV Deals

Partner

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

Shahrose Javed

Lawyer at Bennett Jones Toronto

With the global downturn in certain asset class valuations, hotels are experiencing something of a renaissance and have re-emerged as a preferred asset class. As the industry booms and demand increases, hotel operators are looking to establish new locations, and CRE (commercial real estate) owners are providing (or, frequently, repurposing) land and buildings to serve that need. But for both owners and operators alike, the key to unlocking value in this asset class comes in correctly determining and drafting an efficient and effective operating structure—one that incentivizes performance, rewards success and compensates each party for input. More often than not, that structure takes the form of a hotel management agreement. In this article we take a close look at these agreements—what are they, what are they not and what might they become.

The Hotel Management Agreement What Why and How

The Hotel Management Agreement: What, Why and How?

Andrew L. Jeanrie

Real Estate & Municipal Law Lawyer | Development & Approvals

Valuing a commercial asset is a tricky business. Often, in the eyes of a purchaser, an asset's value is tied in part to the likelihood of future events—a significant customer order, a change in purchasing patterns, a government approval, etc. So, it is only natural that, where a vendor and purchaser cannot reach agreement on an asset's price, the parties would agree to connect that price (or some of it) to the occurrence of those future events.

Real Estate Earnouts The Risks and Rewards of Density Bonuses

(Real) Estate Earnouts: The Risks and Rewards of Density Bonuses

Dana Talucci

Corporate Commercial Practice at Bennett Jones Toronto

Jane C. Helmstadter

Real Estate Lawyer at Bennett Jones Toronto

We all take real property purchase agreements seriously. We read only the title and we know that a transaction is likely to occur, perhaps a significant one. We can also reasonably expect that there will be a property, a price, a timeline, probably some representations and warranties, and perhaps conditions to be satisfied. But an "option" to purchase a property? Well, that just doesn't sound quite as important now does it? After all, if something is optional it might not even be needed, or it might never exist. It certainly doesn't seem to warrant as much attention as an agreement to purchase—so perhaps no great amount of attention should be paid to it?

But Its Just An Option Option Risks And The Tale Of Horn v Xylem

But It's "Just" An Option! Option Risks And The Tale Of Horn v. Xylem

Serge Dupont

Senior Advisor at Bennett Jones Ottawa

Senior Advisor

Policy and business leaders in 2026 are confronting disruptive global forces that pose daunting economic and financial risks while also transforming markets and creating avenues for growth over the next years.

Economic Outlook Mid Year 2026

A Changing World: New Risks, New Opportunities

2026 Mid-Year Economic Outlook

Alison G. FitzGerald

International Arbitration Lawyer at Bennett Jones Ottawa

Nasra Moumin

Commercial Litigation Lawyer at Bennett Jones Toronto

Global trade policy is rapidly reshaping the regulatory and commercial landscape for life sciences companies. This update explores how evolving US tariff measures, national security reviews, CUSMA renewal uncertainty and expanding export controls are affecting pharmaceutical and medical device manufacturers operating across borders. The authors also examine Canada&rsquo;s response and the growing compliance, supply chain and market access challenges facing the sector in 2026 and beyond.

The Impact of Global Trade on the Life Sciences Sector

Vincent M. de Grandpré

IP Lawyer | Life Sciences & Tech

Melissa M. Dimilta

Intellectual Property Lawyer at Bennett Jones Toronto

Partner, Trademark Agent

As part of a deeply interconnected global sector, the life sciences industry in Canada is undergoing significant change alongside broad macroeconomic and geopolitical shifts.&nbsp;The Bennett Jones Life Sciences team looks at the top issues and developments affecting the industry in 2026.

2026 Life Sciences outlook

Legal and Market Trends to Watch This Year

Life Sciences Outlook 2026

Emily P. Kettel

Cross-border collaborations are central to the life sciences industry, but they can also raise complex questions about patent infringement liability in Canada. This update examines the Federal Court&rsquo;s recent decision in Adeia Guides Inc v Videotron Ltd and its implications for companies involved in the development, supply and commercialization of patented products and services. The authors explore how Canadian law approaches common design infringement, experimental use exemptions and the potential liability of foreign partners whose activities contribute to products ultimately sold in Canada.

Life Sciences Collaborations and the Risk of Joint Patent Infringement

Aaron E. Sonshine

Corporate Finance, Mergers and Acquisitions and Corporate Governance Lawyer at Bennett Jones Toronto

Partner 

The life sciences sector is experiencing a renewed wave of M&amp;A activity driven by patent expiries, expanding investor appetite and growing demand for innovative therapies and technologies. Drawing on insights shared at the Bloom Burton &amp; Co. Healthcare Investor Conference, this update explores the key trends shaping dealmaking in Canada and globally, including increased competition for assets, rising private transactions and growing investment in emerging markets such as China. The author also examines why current market conditions point to continued momentum across the sector in the second half of 2026.

Craig Garbe on Law Panel at LandPRO 2024

From the Same Authors