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Preet K. Gill

Restructuring, Insolvency and Complex Litigation Lawyer at Bennett Jones Toronto

Toronto Managing Partner

Denise D. Bright

Public and Private Company Financial Transactions and Securities Lawyer at Bennett Jones Calgary

Partner 

As detailed in our prior blog, <a href="/Insights/Blogs/Canadian-Government-Finally-Provides-Certainty-on-Criminal-Interest-Rates">Canadian Government (Finally) Provides Certainty on Criminal Interest Rates</a>, the Government of Canada proposed amendments to lower the criminal interest rate to an annual percentage rate (APR) of 35 percent (the prior criminal interest rate, being an effective rate of 60 percent, was equivalent to an APR of about 48 percent).

Lower Criminal Interest Rate Now in Effect

Kelsey J. Meyer

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

Partner

Jesse Mighton

Insolvency and Restructuring Lawyer at Bennett Jones Toronto

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

Robert W. Staley

Commercial, Securities and Class Action Litigation Lawyer at Bennett Jones Toronto

Vice Chair and Partner

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

In ruling that a securities regulatory authority's disgorgement orders (a sanction stemming from misconduct) survive a bankruptcy discharge while its administrative penalties do not, the Supreme Court of Canada endorsed the principle that "every claim is swept into the bankruptcy and that the bankrupt is released from all of them upon being discharged unless the law sets out a clear exclusion or exemption." The Supreme Court’s decision clarifies the differing treatment of administrative penalties and disgorgement orders in the context of exceptions outlined in s. 178 of the Bankruptcy and Insolvency Act.

The Supreme Court Holds That Securities Disgorgement Orders Survive Bankruptcy

In a recent case, Bricklayers Pension Fund of Western Pennsylvania (derivatively on behalf of Centene Corporation) v Brinkley (Centene), Delaware's Court of Chancery dismissed “Caremark duty claims”—named after the 1996 case establishing a duty of oversight required by a U.S. board of directors—against members of Centene's board of directors.
Allegations against the directors focused on the failure to oversee, and deferral to, management. The decision confirms the high threshold applicable to find a breach of a director’s Caremark duty.

Delaware Court Affirms High Threshold for Breach of Directors Caremark Duties

Delaware Court Affirms High Threshold for Breach of Directors' Caremark Duties 

The U.S. and global economies proved resilient in 2025. There were reasons, particularly around U.S. President Donald Trump&rsquo;s April 1 &ldquo;Liberation Day,&rdquo; to fear a global trade war or corrections in financial markets that would cause a recession in the United States and a sharp slowing of the global economy. In fact, while growth in the United States and most major economies slowed in 2025, other policy and market factors offset at least in part the early effect of disruptive policies by the U.S. administration. The United States&rsquo;s trading partners chose to avoid an all-out trade war, and most negotiated some form of accommodation with President Trump.

Economic Outlook 2026

Adapting to a New World: From Ambition to Investment

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

David Wainer

Commercial Transactions Lawyer at Bennett Jones Calgary

Associate

This end-of-year overview examines the Federal Government&rsquo;s rapid expansion of AI-related funding in 2025, from large-scale investments in data centres and public compute infrastructure to programs supporting AI access, adoption and domestic research. It also explores the new commitments announced in Budget 2025 and signals key trends to watch in 2026 as Canada strengthens its AI ecosystem.

Canadas AI Efforts in 2025 A Year in Review

Canada's AI Efforts in 2025: A Year in Review

Laura Inglis

Commercial Litigation Lawyer at Bennett Jones Edmonton

Christine Plante

Civil Fraud Recovery, Employment and Shareholder Disputes Lawyer at Bennett Jones Calgary

David M. Price

Employment Services Lawyer at Bennett Jones Calgary

Effective January 1, 2026, Alberta will increase job-protected long-term illness and injury leave from 16 to 27 weeks. This update aligns Alberta with other leading Canadian jurisdictions that recently implemented similar extended leaves. Employers will need to revisit their workplace policies to ensure compliance with the new requirements. The blog explains the legislative amendments and their implications for employers.

Alberta Aligns with Other Provinces in Extending Long Term Illness and Injury Leave

Ashley L. Paterson

Commercial Litigation Lawyer at Bennett Jones Toronto

Morgan Sutherland

Lawyer at Bennett Jones Toronto

Associate 

Health Canada has proposed amendments to the Medical Devices Regulations focused on modernizing the MDEL framework. The changes would affect importer&ndash;distributor relationships, mandatory supplier disclosures, and safety documentation requirements. This update summarizes the key proposals and their potential impacts on MDEL holders and applicants.

Health Canada Proposes Amendments to MDEL Holders and Applicants

Cameron Penn

Litigation Lawyer at Bennett Jones Calgary

Tami Oguntona

Articling Student at Bennett Jones in Calgary 

Articling Student 

British Columbia has introduced new limits on when employers may request sick notes and created a 27-week unpaid leave for serious personal illness or injury. This update outlines the key legislative changes and their practical impact on employer policies.

What the Doctor Ordered British Columbia

What the Doctor Ordered: British Columbia Updates Rules on Employee Sick Notes and Introduces Serious Personal Illness and Injury Leave

Gone Fishing: Subsection 231.2(3) Hooks the Anonymous Tax Evader

From the Same Authors