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Jesse Mighton

Insolvency and Restructuring Lawyer at Bennett Jones Toronto

Partner

Shawn Kirkman

Lawyer at Bennett Jones Toronto

Associate 

On March 11, 2025, the US Bankruptcy Court for the District of Delaware issued an order under Chapter 15 of the US Bankruptcy Code recognizing and enforcing a restructuring plan under Mexican law that included nonconsensual third-party releases in its decision in Crédito Real. This is, at least, the third decision recognizing such releases post-Purdue.

Trend Watch Third Party Releases in US Chapter 15 Proceedings

Trend Watch: Third Party Releases in US Chapter 15 Proceedings

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Emma Arnold-Fyfe

Commercial Litigation Lawyer at Bennett Jones Vancouver

Associate

The Canadian residential development industry is facing an unprecedented wave of financial distress. Debtor-initiated real property (including rental and leasing) insolvencies spiked in 2024, rising by 42.5 percent year-over-year, while receivership appointments in the real estate sector reached their highest level in roughly a decade.

The Year Ahead Five Trends in Distressed Real Estate in 2025

The Year Ahead: Five Trends in Distressed Real Estate in 2025

Kelsey J. Meyer

Commercial Litigation, Bankruptcy, Insolvency and Restructuring Lawyer at Bennett Jones Calgary

Preet K. Gill

Restructuring, Insolvency and Complex Litigation Lawyer at Bennett Jones Toronto

Toronto Managing Partner

In the unrelated companion cases of Aquino v Bondfield Construction Co, <a href="https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/20694/index.do">2024 SCC 31</a> and Scott v Golden Oaks Enterprises Inc, <a href="https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/20695/index.do">2024 SCC 32</a>, the Supreme Court of Canada applied the common law doctrine of corporate attribution to bankruptcy and insolvency law through a purposive, contextual and pragmatic approach.

The SCC Clarifies the Corporate Attribution Doctrine and Creditor Protection Tools in Insolvency Law

Curtis A. Cusinato

Cross-border Mergers and Acquisitions and Capital Markets Lawyer at Bennett Jones Toronto

Vice Chair and Partner

Angela Blake

M&A, Securities and Corporate Finance Lawyer at Bennett Jones Toronto

Ashley M. White

Corporate, Commercial Transactions, Power & Energy Lawyer at Bennett Jones Calgary

While Canadian M&A activity continued to lag in 2023 as compared to 2021 and early 2022 in terms of transaction value and volume, as reflected in a significant downturn in exits in Q3, there remain a number of reasons for optimism for Canadian M&A as we move into 2024. Mid-market Canadian M&A remained relatively active in 2023 amid the confluence of geopolitical tensions, rising inflation, higher interest rates, tighter credit markets and significantly reduced access to capital, with the power and utilities and oil & gas sectors leading the way on deal value, boosted by megadeals announced in Q3 and Q4. The unpredictability in the Canadian M&A market is expected to extend into the new year but recent developments indicate that our M&A landscape north of the border may begin to rebound in 2024.

Ready to Rebound Canadas 2024 M A Landscape

Ready to Rebound: Canada's 2024 M&A Landscape

Kees de Ridder

Intellectual Property Lawyer, Patent Agent and Trademark Agent at Bennett Jones Calgary

Associate, Patent Agent, Trademark Agent

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

The Supreme Court of Canada will hear Pharmascience Inc v Janssen Inc on October 9, 2025, a case that could reshape the scope of patentable subject matter in Canada. At issue is whether a dosing regimen for a pharmaceutical product constitutes an unpatentable method of medical treatment or a valid invention under the Patent Act. The Federal Court and Federal Court of Appeal upheld the patent&rsquo;s validity, but Pharmascience has challenged this position. With several industry groups granted intervenor status, the case is expected to have significant implications not only for the pharmaceutical industry but also for broader questions of what qualifies as an &ldquo;invention,&rdquo; including computer-implemented and AI-related technologies.

Supreme Court to Assess Subject Matter Eligibility in Canadian

Supreme Court to Assess Subject Matter Eligibility in Canadian Patent Law: Implications Beyond the Pharmaceutical Context

AI is transforming performance marketing through hyper-personalization, automated content creation, and data-driven insights&mdash;enhancing efficiency while raising new legal and ethical considerations for brands.

The Implications of AI on Performance Marketing

Sean Zweig

Restructuring, Insolvency and Bankruptcy Lawyer at Bennett Jones Toronto

Andrew Froh

James Atkinson

Articling Student at Bennett Jones 

Articling Student          

A recent decision of the US Bankruptcy Court in Re: Iovate Health Sciences International Inc. provides important insights for Canadian companies involved in cross-border restructurings. The case addresses how debtor companies can rebut the presumption that their &ldquo;center of main interests&rdquo; (COMI) is located at their registered office when seeking Chapter 15 recognition in the United States. Chief Judge Glenn reaffirmed that COMI is determined by a non-exhaustive set of factors, including management, assets, creditors and creditor expectations, and may also be influenced by pre-filing restructuring activities.

Trend Watch Determining COMI in US Chapter 15 Proceedings

Trend Watch: Determining COMI in US Chapter 15 Proceedings

Dom Sorbara

Banking & Financial Services Lawyer at Bennett Jones Toronto

Elizabeth K. Dylke

Corporate and Private Funds Lawyer

James G. Morand

Tax Lawyer at Bennett Jones Toronto

This edition of the PE Briefing examines private equity developments in the third quarter of 2025, including trends in Canadian and global deal activity, the continued growth and complexity of private credit, Ontario&rsquo;s advantages as a jurisdiction for non-US flow-through vehicles, and practical considerations in the drafting of earnouts.

The Q3 2025 PE Briefing

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer at Bennett Jones Calgary

Brian P. Reid

Litigation, Construction, Joint Venture Agreement and Builder's Lien Lawyer at Bennett Jones Calgary

Aly Parth

Articling Student at Bennett Jones in Calgary 

Articling Student 

The Alberta Court of Appeal&rsquo;s decision in Tempo v. Man-Shield confirms that equitable set-off is a true defence capable of precluding summary judgment in construction disputes. The ruling emphasizes that where claims and cross-claims are inseparably connected, courts must account for both to avoid unjust outcomes. This case provides important guidance for contractors, subcontractors and counsel navigating payment disputes and litigation strategy in the construction sector

Jesse Mighton on Critical Case Law Updates on Insolvency and Restructuring Law

From the Same Authors