Commercial Litigation

We resolve complex commercial disputes with strategic advocacy and practical solutions, helping clients protect their interests and achieve results in courts, tribunals and arbitrations across Canada.
Key Contacts
Dionne Bourassa PascaleSwan RichardTheroux Michael
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Overview

Our lawyers have appeared before all levels of courts and administrative tribunals in Canada, bringing to each case a practical and thorough knowledge of litigation, mediation and arbitration strategies, tactics and procedures. Our work has resulted in hundreds of reported decisions from provincial trial and appeal courts, the Federal Court, the Tax Court and the Supreme Court of Canada, and we have significant experience in private arbitrations and mediations including ICC and AAA arbitrations.

,,The lawyers at Bennett Jones [are] quite brilliant and at the top of their field.,,

What Clients Say

The disputes in which we act are as diverse as the clients whom we represent. From shareholder disputes, loan enforcement, breach of contract and bankruptcy litigation to libel and slander, professional negligence and energy co-ownership and royalty disputes, we bring extensive industry knowledge and finely honed advocacy skills to each file. We have represented clients in many precedent-setting landmark cases. For example, we recently acted for the senior bondholders of Stelco Inc. in connection with Stelco's reorganization under the Companies' Creditors Arrangement Act (Canada) and the Canada Business Corporations Act, and for Hollinger International and the Special Committee of Hollinger International in connection with a proceeding before the Ontario Securities Commission opposing the privatization of Hollinger Inc.

For us, teamwork is key. We work closely with colleagues throughout the firm to provide the background and resources required for each client's needs, also tapping the resources of external experts such as accountants, forensic investigators, valuators and other consultants when necessary. Organizational skills are critical to the success of any claim, so our capabilities include expert document management, the judicious yet efficient use of cutting-edge courtroom technology, and the implementation of effective communications strategies to help clients win both in the traditional courts and in the court of public opinion.

,,Their range, international capabilities and constructive presence in the community made Bennett Jones our first choice.,,

What Clients Say

Client Work

Alberta Provincial Court Judges' Association
in a constitutional case before the Supreme Court of Canada regarding judicial independence. Provincial Court Judges (No. 2) (1998), 155 D.L.R. (4th) 1 (S.C.C.)
Archean Energy
with their appeal of a judgment which awarded two former officers damages for wrongful dismissal as well as substantial monies on a stock option agreement
ATCO Gas and Pipelines
in the Supreme Court of Canada's 2006 landmark decision defending utility property rights against regulatory confiscation. ATCO Gas Pipelines Ltd. v. Alberta (Energy Utilities Board), 2006 SCC 4
ATCO Gas and Pipelines
with its successful appeals of three related Board Decisions regarding the ability of the regulator to assert jurisdiction over its Carbon gas storage facilities and related production ...
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Supreme Court of Canada case concerning overriding oil and gas royalties and whether they constitute interests in land. Bank of Montreal v. Dynex Petroleum Ltd. (2002), 208 D.L.R. (4th) 155 (S.C.C.)
Metropolitan Conference Centre
in a successful appeal setting aside a trial decision and limiting a commercial landlord's contractual right to reclaim premises for purposes of building redevelopment
Safari Club International (Alberta Chapter) and Public Action for Wildlife Society
with their successful intervention in an appeal relating to Metis hunting rights in Alberta. R. v. Kelley, 2007 ABQB 41
An industry association of Canada's largest brewers, in a judicial review application concerning the conduct of the Beverage Container Management Board in setting ...
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Shore Gold
with the appeal in a claim alleging that a voting agreement between two joint venture parties, Shore Gold and De Beers Exploration, breached a joint venture agreement
HI Hotel Limited Partnership
in the successful enforcement of its statutory right of rescission under the Alberta Franchises Act and Regulation
Eagle Resources
in an appeal before the Alberta Court of Appeal regarding a damage assessment pertaining to a breach of warranty contract resulting in an award of $9.47 million
A commercial real estate owner, in appeal proceedings successfully upholding the dismissal of an action for the sale of land voided by mutual mistake
Globex Foreign Exchange
in an appeal before the Alberta Court of Appeal seeking to set aside an interlocutory injunction enforcing a non-competition agreement
Respondents, in an appeal before the Alberta Court of Appeal from the Trial Judges decision granting summary judgment to the plaintiff on the basis that there were ...
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Pan Canadian Petroleum
in an appeal before the Alberta Court of Appeal challenging the cost award granted by a chambers judge
Linda J. Court
in acting on behalf of local resident and, successfully judicially reviewing a decision of Alberta Environment permitting the construction of a gravel pit south of Calgary causing a re-hearing on various environmental issues

Recognitions

Chambers Canada
Ranked Spotlight, Dispute Resolution: Arbitration
Chambers Global
Band 2, Disputes (International and Cross-Border)

The Legal 500: Canada
Tier 1, Dispute Resolution: Alberta
Recommended, Dispute Resolution: Ontario

Explore Our Services

Appellate Advocacy & Judicial Review

Appellate Advocacy & Judicial Review

We deliver trusted appellate advocacy and judicial review counsel, helping clients protect their rights and achieve favourable outcomes before Canada’s highest courts and tribunals.
Pascale Dionne-BourassaE. Bruce Mellett KC
Pascale Dionne-Bourassa & E. Bruce Mellett KC
Arbitration

Arbitration

We provide strategic arbitration counsel in Canada and internationally, helping clients resolve complex disputes efficiently, confidentially, and with enforceable results worldwide.
Vasilis F. L. Pappas, FCIArbMartin J. Valasek
Vasilis F. L. Pappas, FCIArb & Martin J. Valasek
Energy Litigation

Energy Litigation

We resolve high-stakes energy disputes with deep industry knowledge and technical insight, helping clients protect assets, manage risk, and achieve successful outcomes in Canada and worldwide.
E. Bruce Mellett KCMichael P. Theroux KC
E. Bruce Mellett KC & Michael P. Theroux KC
Fraud Law

Fraud Law

We help clients investigate, stop, and recover from fraud and financial misconduct, combining strategic legal action with global reach to protect assets and mitigate risk.
Lincoln CaylorMunaf Mohamed KCMaureen M. Ward
Lincoln Caylor, Munaf Mohamed KC & Maureen M. Ward
International Arbitration

International Arbitration

We represent clients worldwide in high-stakes international arbitration, delivering trusted advocacy in both commercial and investor-state disputes to secure the best outcomes.
Vasilis F. L. Pappas, FCIArbMartin J. Valasek
Vasilis F. L. Pappas, FCIArb & Martin J. Valasek
Securities Litigation

Securities Litigation

We defend public companies, boards and executives in complex securities litigation and regulatory proceedings, safeguarding business objectives with strategic advocacy.
Pascale Dionne-BourassaPeter DunneRobert W. Staley
Pascale Dionne-Bourassa, Peter Dunne & Robert W. Staley
Shareholder Activism & Critical Situations

Shareholder Activism & Critical Situations

We guide companies, boards and investors through shareholder campaigns, proxy contests and critical situations with strategic counsel that protects interests and drives successful outcomes.
Robert W. StaleyKristopher R. HancJon C. Truswell
Robert W. Staley, Kristopher R. Hanc & Jon C. Truswell
Your Guide to Legal Solutions: Commercial Litigation

All the details you need, right at your fingertips. Download our brochure and explore our services.

The Bennett Jones Story

At Bennett Jones, legal solutions are our starting point. What drives us forward is knowing our clients inside and out—their ambitions, obstacles and success metrics.

For more than a century, we have shaped outcomes that matter in business, in law and in the broader Canadian landscape. And our commitment extends beyond legal matters: we invest deeply in the communities in which we live and work.