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Amanda C. McLachlan

Corporate & Regulatory Lawyer | Disputes, Investigations & Compliance

Partner

In Friel v. HUB International Limited, 2026 ONCA 313, the Ontario Court of Appeal upheld the enforceability of a forum selection clause designating the State of Delaware as the exclusive forum for resolving a dispute between a former employee in Ontario and his employer's Delaware-based parent entities over the exercise of vested share options. The decision provides important guidance for employers that structure equity incentive arrangements through related entities and reinforces the significance of clear contractual language delineating employment relationships from equity participation rights.

When Agreements Collide The Ontario Court of Appeal Upholds Forum Selection Provision in Friel v HUB

When Agreements Collide — The Ontario Court of Appeal Upholds Forum Selection Provision in Friel v. HUB

Kristopher R. Hanc

M&A and Capital Markets Lawyer

John Lawless

Corporate & Securities Lawyer | Private Equity

James D. Beeby

Corporate Finance, M&A, Private Equity and Venture Capital Lawyer

The Supreme Court of Canada has released its much-anticipated decision in Lundin Mining Corp. v. Markowich, 2025 SCC 39, clarifying the definition of a "material change" under securities law and providing guidance on when a public company must disclose information to the market. The decision will have broad implications for public companies, their directors, officers, shareholders and other market participants.

Supreme Court of Canada Clarifies Scope of Securities Disclosure Obligations for Material Changes

Shifting Grounds: Supreme Court of Canada Clarifies Scope of Securities Disclosure Obligations for "Material Changes"

Robert W. Staley

Securities & Commercial Litigation Lawyer | Shareholder Disputes

Vice Chair and Partner

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

The Ontario Court of Appeal&rsquo;s decision in Binance v. OSC clarifies the limits of the OSC&rsquo;s investigative powers and the Charter protections available in securities investigations. While the Court rejected a constitutional right to challenge a summons before compliance, it found the summons issued to Binance overbroad and unconstitutional. The ruling offers important guidance for market participants on regulatory scrutiny, the scope of document production, and the viability of judicial review.

Court of Appeal Addresses Scope of Charter Review in Securities Investigations

Binance v. OSC: Court of Appeal Addresses Scope of Charter Review in Securities Investigations 

Shaan P. Tolani

Corporate Litigation & Investigations Lawyer

Associate

In recent years, the OSC and other regulatory bodies began signaling to public markets that regulators intended to crack down on what they termed abusive short-sellers. Against this backdrop, the OSC brought enforcement proceedings before the Ontario Capital Markets Tribunal (CMT) naming Cormark Securities Inc., Saline Investments Ltd., and individuals as respondents. The proceedings focused on an alleged illegal and abusive short selling scheme. At the conclusion of a lengthy hearing on the merits, the CMT dismissed all of the OSC’s allegations.

Short Selling Structure not Abusive Ontario Capital Markets Tribunal Dismisses OSC Allegations

Short-Selling Structure Not Abusive—Ontario Capital Markets Tribunal Dismisses OSC Allegations in High-Profile Enforcement Proceeding

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.

Albertas Digital Infrastructure Moment Has Arrived

Data Centre West 2026: Alberta's Digital Infrastructure Moment Has Arrived

Greg M. Johnson

Energy Tax & Corporate Lawyer | M&A, Reorganizations & PE

Jared A. Mackey

Corporate Tax Lawyer at Bennett Jones Calgary

Brendan Sigalet

Tax Lawyer at Bennett Jones Calgary

On September 15, 2026, the Canadian federal government announced the "Productivity Mega Deduction" at the first Canada Investment Summit, an incentive that will provide for immediate expensing for the majority of depreciable property, as well as Canadian development expenses, on a permanent basis. The Government of Canada stated that the purpose of the Productivity Mega Deduction is to boost business investment, enhance certainty and simplicity for businesses, and strengthen Canada's tax competitiveness.

Canada Proposes New Productivity Mega Deduction to Spur Investment

From Super to Mega: Canada Proposes New "Productivity Mega Deduction" to Spur Investment

J. Sébastien A. Gittens

Technology Lawyer & Trademark Agent

Tech & Data, National Practice Group Leader 

Suzie Suliman

Commercial Transactions Lawyer at Bennett Jones Toronto

Associate, Trademark Agent

Kees de Ridder

Technology, IP & Privacy Lawyer | Patents, Licensing & Cyber

Partner, Patent Agent, Trademark Agent

The Office of the Privacy Commissioner of Canada has released draft guidance outlining best practices for organizations to assess the privacy practices of third-party service providers under PIPEDA. The guidance emphasizes that privacy due diligence is an ongoing accountability obligation, with particular attention to data flows, AI and training data, security, subcontractors, international transfers and data retention.

OPC Issues New PIPEDA Guidance on Assessing Third-Party Service Providers

Ashley M. White

Corporate & Commercial Transactions Lawyer | Power & Energy

Martin Ignasiak KC

Energy & Industrial Projects Lawyer

Head of Energy Regulatory

Nathan Murray

Energy Regulatory, Environmental & Administrative Lawyer

Canada has amended the Physical Activities Regulations to remove certain intraprovincial energy projects and Canada Energy Regulator-regulated facilities from the federal Impact Assessment Act Project List. The changes are intended to reduce regulatory duplication, timelines and costs while providing greater certainty for proponents, while other federal environmental and emissions requirements remain applicable.

Government of Canada Reduces the Scope of the Project List under the Impact Assessment

Government of Canada Reduces the Scope of the Project List under the Impact Assessment Act

Jennifer (Jenn) K. Choi

Commercial Litigation Lawyer at Bennett Jones Vancouver

On July 15, 2026, British Columbia and Simpcw First Nation entered into a consent-based decision-making agreement under the Declaration on the Rights of Indigenous Peoples Act (DRIPA) for the environmental assessment of the Yellowhead Copper Project. The Agreement requires Simpcw consent for the project to proceed and establishes a framework for parallel provincial and Indigenous environmental assessments. Its potential application to future mining projects in Simpcw&rsquo;s traditional territory highlights the evolving role of Indigenous consent in major resource development projects in British Columbia.

BC Signs DRIPA Consent Agreement Requiring Simpcw Consent for Yellowhead Copper Project

BC Signs DRIPA Agreement Requiring Simpcw Consent for Yellowhead Copper Project

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