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Michael D. Mysak

Corporate, Fraud and Securities Litigation and Shareholder Dispute Lawyer at Bennett Jones Calgary

Partner

David R. McKinnon

Energy & Environmental Litigation, Commercial Disputes, and Health Law at Bennett Jones Calgary

Ciara J. Mackey

Commercial Litigation Lawyer at Bennett Jones Calgary

In the glow of negotiating a commercial lease, no landlord or tenant wants to think about how it might end early. But recent developments again remind us that a nuanced termination clause will significantly affect if, when and how a termination right is triggered.

Lease Termination Clauses

Lease Termination Clauses: Know the Target Before Pulling the Trigger

Alicia Yowart

Associate

Civil Practice Note 7, entitled “Vexatious Application/Proceeding Show Cause Procedure”, is a useful tool to manage hopeless litigation quickly and efficiently. Introduced in 2018, it is a summary procedure under Rule 3.68 of the Alberta Rules of Court that may be used to address a “claim, defence, action, application, or proceeding that appears on its face to be frivolous, vexatious, or otherwise an abuse of process.” It is intended as a “fair and proportionate mechanism to respond to apparently abusive litigation”.

Utter Waste of Time Alberta Court of Appeal Provides New Guidance on Civil Practice Note 7

“Utter Waste of Time”: Alberta Court of Appeal Provides New Guidance on Civil Practice Note 7 

Christine Plante

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

Justin R. Lambert

Energy Industry Dispute, Fraud, Securities and Corporate Litigation Lawyer at Bennett Jones Calgary

Michael A. Eizenga L.S.M.

Leading Canadian Class Action Litigator at Bennett Jones Toronto

Partner 

Workplace class proceedings are on the rise in Canada. Recent class actions have involved employee claims for <a rel="noopener noreferrer" href="https://www.canlii.org/en/on/onca/doc/2022/2022onca115/2022onca115.html" target="_blank">overtime</a>, <a rel="noopener noreferrer" href="https://www.canlii.org/en/on/onsc/doc/2020/2020onsc5368/2020onsc5368.html" target="_blank">vacation time</a>, <a rel="noopener noreferrer" href="https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc2414/2021bcsc2414.html?searchUrlHash=AAAAAQAgImVzY29iYXIiIEFORCAiY2xhc3MgcHJvY2VlZGluZyIAAAAAAQ&resultIndex=1#_Toc89857824" target="_blank">damages for COVID-19 pandemic terminations</a>, <a rel="noopener noreferrer" href="https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1608/2022bcsc1608.html?searchUrlHash=AAAAAQAgImVzY29iYXIiIEFORCAiY2xhc3MgcHJvY2VlZGluZyIAAAAAAQ&resultIndex=2#_Toc113546909" target="_blank">extended healthcare benefits</a>, <a rel="noopener noreferrer" href="https://www.canlii.org/en/on/onsc/doc/2021/2021onsc5518/2021onsc5518.html" target="_blank">misclassification of workers</a> and <a rel="noopener noreferrer" href="https://www.canlii.org/en/ca/fct/doc/2017/2017fc51/2017fc51.html?searchUrlHash=AAAAAQAKaGFyYXNzbWVudAAAAAAB&offset=0" target="_blank">systemic discrimination and harassment</a>. The Alberta Court of Appeal decision in <a rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abca/doc/2022/2022abca374/2022abca374.html?searchUrlHash=AAAAAQBTImNsYXNzIHByb2NlZWRpbmdzIiBPUiAiY2xhc3MgYWN0aW9uIiBPUiAiYWN0aW9uIGNvbGxlY3RpdmUiIE9SICJyZWNvdXJzIGNvbGxlY3RpZiIAAAAAAQ&resultIndex=3" target="_blank">Flesch v Apache Corporation, 2022 ABCA 374</a> now adds claims for long-term incentive compensation to this growing list. This decision also revisits the "gatekeeping" role the court has in certifying such class proceedings.

Tis the Reason ABCA Considers Expanding Gatekeeping Role of Courts

'Tis the Reason: ABCA Considers Expanding Gatekeeping Role of Courts in Certification of Workplace Class Proceeding

Justin Duguay

Litigation Lawyer at Bennett Jones Calgary

Awarding double costs on appeals following a formal offer to settle encourages parties to resolve claims quickly among themselves and at the least expense, the Alberta Court of Appeal recently confirmed in <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abca/doc/2022/2022abca364/2022abca364.html?autocompleteStr=2022%20ABCA%20364&autocompletePos=1#document" target="_blank">Mostafa Altalibi Professional Corporation v Lorne S. Kamelchuk Professional Corporation</a>, 2022 ABCA 364. The decision settles the law on when a formal offer made during an appeal will trigger an award of double costs under the Alberta Rules of Court and confirms that those cost consequences follow even when the appeal does not finally resolve the claims between the parties.

Double Vision Alberta Court of Appeal Confirms Double Costs Follow Formal Offer

Double Vision: Alberta Court of Appeal Confirms Double Costs Follow Formal Offer in Interlocutory Appeal

Andrew Bozzato

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

Bishoy Attia

Articling Student at Bennett Jones in Toronto

Articling Student

Private investment in the defence sector is accelerating as governments realign policy priorities and expand support for dual-use and DefTech innovation. Canada&rsquo;s 2025 Budget and long-term spending commitments are reshaping the industry, driving new opportunities across AI, cyber, space, advanced manufacturing and critical infrastructure. With global capital flowing into defence technology and structural reforms underway to modernize procurement, the sector is rapidly transitioning from fragmented to fully investable.

Policy Dual Use and DefTech Drive a New Era for Private Capital in Defence

Policy, Dual-Use and DefTech Drive a New Era for Private Capital in Defence

Daron K. Naffin

Energy, Environmental/Regulatory and Expropriation Lawyer at Bennett Jones Calgary

Tim Myers

Regulatory, Environmental, Aboriginal and Expropriation Lawyer at Bennett Jones Calgary

Thomas Machell

Regulatory Lawyer at Bennett Jones Calgary

On November 4, 2025, the Alberta Energy Regulator released AERH2S, an updated version of its computer model for calculating Emergency Planning Zones (EPZs) for sour gas applications. AERH2S replaces the longstanding ERCBH2S model and is available for immediate use by industry. According to AER Bulletin 2025-34, the use of AERH2S will become mandatory for all applications filed under Directive 056: Energy Development Applications and Schedules, including amendment applications, starting January 1, 2026. The continued use of ERCBH2S is permitted for updates to existing EPZs (and any EPZs established before January 1, 2026) under Directive 071: Emergency Preparedness and Response until further notice.

Alberta Energy Regulator Releases New AERH2S Model for Sour Gas Operations

David Cassin

Employment Lawyer at Bennett Jones Toronto

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

Robert W. Staley

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

Vice Chair and Partner

In McPherson v Global Growth Assets Inc., the Ontario Superior Court interpreted the no-reprisal provisions of the Securities Act for the first time, awarding more than $5.3 million to a CEO who was terminated after raising compliance concerns. The decision underscores the strength of the Act&rsquo;s protections for employees who engage in protected activities and highlights the significant risk to employers of taking disciplinary action without clear, documented justification.

Ontario Securities Act No Reprisal Provisions Results in 53 Million Award to CEO

Ontario Securities Act No-Reprisal Provisions Results in C$5.3 Million Award to CEO: A Warning to Regulated Employers

Edwin G. Kroft KC

Tax Litigation Lawyer at Bennett Jones

Antoine Messervier

Tax Lawyer at Bennett Jones Vancouver

Anna Lekach

Tax Lawyer at Bennett Jones Calgary

The November 2025 issue of Bennett Jones on Tax Disputes explores major developments in Canadian tax law, including new CRA guidance on the Voluntary Disclosures Program, court decisions on settlement confidentiality and costs, and proposed reforms to the Tax Court&rsquo;s informal procedure limits. The issue also features case summaries and insights from Bennett Jones&rsquo; tax litigators on emerging trends in tax dispute resolution.

Bennett Jones on Tax Disputes Issue 39

Bennett Jones on Tax Disputes: November 2025

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Makda Yohannes

Commercial Litigation Lawyer at Bennett Jones Toronto

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

As artificial intelligence becomes increasingly integrated into creative workflows, the use of typefaces and fonts raises complex intellectual property challenges. This article examines the distinction between typefaces and fonts, the scope of copyright, trademark and industrial design protection in Canada, and how AI tools may heighten infringement risks. It also outlines practical steps for designers and businesses to ensure compliance through proper licensing and responsible AI use.

Four Bennett Jones Lawyers Recognized in the Benchmark Under 40 Hot List

From the Same Authors