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Keely Cameron

Litigation Lawyer at Bennett Jones Calgary

Partner

Gracie Boser

Associate

The Alberta Court of Appeal has clarified the nature of co-lessee liability for unpaid Crown royalties under the Mines and Minerals Act. In two companion decisions, the Court confirmed that co-lessees are jointly (not jointly and severally) liable, meaning a claim extinguished against one may impact all. The decisions also address how vesting orders and insolvency stays affect the Crown&rsquo;s ability to pursue royalty arrears.

Vesting Order Bars Claims

 However Co-Lessee Liability for Unpaid Crown Royalties May Remain

Vesting Order Bars Claims for Unpaid Crown Royalties

Chyna Brown

Commercial Litigation Lawyer at Bennett Jones Calgary 

In Royal Bank of Canada v Patterson Dental Canada Inc, the Alberta Court of Appeal clarified how PPSA priority rules apply where assets used in a corporate business are personally owned by a director. The Court confirmed that ownership and registration against the correct debtor are decisive in priority disputes, and provided guidance on the treatment of leases and the proper distribution of holdbacks in insolvency sales.

Alberta Court of Appeal Clarifies PPSA Priorities in Insolvency Sales

Luke Morrison

Energy Project Development, M&A, and Commercial Transaction Lawyer at Bennett Jones Calgary

Years after an insolvency proceeding is closed, can a solvent co-lessee/working interest participant (WIP) still be on the hook for their former partner’s share of unpaid Crown royalties? A recent Alberta Court of Appeal decision to allow an appeal in <a href="https://www.canlii.org/en/ab/abca/doc/2025/2025abca181/2025abca181.html">Spartan Delta Corp v Alberta (Energy and Minerals), 2025 ABCA 181</a> [Spartan Delta], raises concerns around whether the answer to such question can be 'yes'. The oil and gas industry is closely tracking the outcome of this appeal (anticipated to be heard in Fall 2025) on the basis that if the appeal were to be granted it would create uncertainty for upstream oil & gas joint interest owners as to the impact of insolvency proceedings on existing liabilities (and would have implications for purchasers and WIPs alike in relation to oil & gas M&A out of insolvency proceedings).

Spartan Delta Corp

Spartan Delta Appeal Raises Uncertainty for Co-Lessees After Insolvency

Kelsey J. Meyer KC

Restructuring & Insolvency Lawyer | Commercial Litigation

Sarah Aaron

Commercial Litigation Lawyer at Bennett Jones Calgary

In late May, the Supreme Court of Canada (the SCC) denied an application for leave to appeal a decision of the Court of Appeal of Alberta, which, in turn, had denied leave to appeal of the decision of the Court of King’s Bench of Alberta in Re Mantle Materials Group, Ltd, 2023 ABKB 488 (Mantle KB). The decision in Mantle KB held that the interests of secured creditors are subordinate to environmental obligations pursuant to the Environmental Protection and Enhancement Act, thus confirming that the priority of environmental obligations determined by the SCC in Orphan Well Association v Grant Thornton Ltd, 2019 SCC 5 applies beyond the oil and gas industry.

Supreme Court of Canada Dismisses Leave on Leave in Mantle Materials Group The Priority

Supreme Court of Canada Dismisses Leave-on-Leave in Mantle Materials Group: The Priority of Environmental Obligations Extends Beyond the Oil & Gas Industry

Steven L. Major KC

Commercial Litigation Lawyer | Energy

Audrix Arce

At the 75th Canadian Energy Executive Association (CEEA) conference, industry leaders, government officials and Indigenous partners explored the opportunities and challenges shaping Canada's energy future. Discussions focused on regulatory certainty, interprovincial cooperation, AI and data centre growth, value-added energy development, and the importance of early Indigenous and landowner engagement. The key takeaway was clear: Canada has a strategic window to advance energy infrastructure and attract investment, but success will depend on timely action, collaboration and execution.

Key Takeaways from the Energy Business Forum at CEEA 75

Key Takeaways from the Energy Business Forum at CEEA '75

Simon Grant

Financial Services & Regulatory Lawyer

Partner 

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

Kwang Lim

Corporate and Securities Lawyer

Vancouver Managing Partner

Canada is taking a category-by-category approach to regulating prediction markets, with the CSA and CIRO permitting certain event contracts while directing others outside the securities and derivatives framework. This article examines Canada's emerging regulatory landscape and the key considerations for platforms, dealers, financial institutions and investors participating in these evolving markets.

Prediction Markets in Canada A Category-by-Category Regulatory Framework

Prediction Markets in Canada: A Category-by-Category Regulatory Framework

Christopher J. Doucet

Corporate & Mining Lawyer | M&A & Corporate Finance

Zirjan (Zee) J. Derwa

Competition and Foreign Investment Review Lawyer

In the September edition of Canadian Mining Journal, Christopher Doucet and Zirjan Derwa explore how the Canada-China Economic and Trade Cooperation Roadmap may reshape the investment landscape for Chinese participation in Canada's mining sector. They discuss whether greater regulatory clarity could encourage investment in base and precious metals while maintaining Canada's national security protections for critical mineral assets.

Canadian Mining Journal New policy roadmap

Canadian Mining Journal: New policy roadmap may help miners navigate Chinese investment landscape

Ethan Z. Schiff

Class Actions & Commercial Litigation Lawyer

Bobbie Alvernaz

The Ontario Court of Appeal upheld the denial of certification in a proposed class action alleging childhood sexual abuse within Canadian Jehovah&rsquo;s Witness congregations. The Court found insufficient commonality among the proposed class members&rsquo; claims, which involved different perpetrators, congregations and circumstances, and agreed that individual or joinder actions would be the preferable procedure. The decision also distinguishes Gutierrez from other institutional abuse class actions where defendants had a more direct and common relationship with the alleged abuse.

Ontario Court of Appeal Refuses to Certify Institutional Abuse

Ontario Court of Appeal Refuses to Certify Institutional Abuse Class Action With No Common Perpetrator, Activity or Location 

Larissa D. Lees

Regulatory Lawyer at Bennett Jones Calgary

Jessica Kennedy

Bennett Jones attended the Data Centre West 2026 Conference in Calgary earlier this month, hosted by the Western Canada Data Centre Alliance, and engaged with representatives from industry, government and regulatory agencies on the issues facing Alberta's rapidly growing digital infrastructure sector. This year, discussions spanned the hyperscale and AI demand outlook, power procurement and grid access challenges, Alberta's regulatory framework, supply chain constraints and labour availability, and sustainability and community engagement, reflecting a sector that has moved well beyond early-stage interest and into active development and investment.

Western Legal Innovation Forum

From the Same Authors