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E. Bruce Mellett KC

Energy Litigation Lawyer | Insurance Disputes

Partner 

Blair C. Yorke-Slader KC

Corporate & Commercial Litigator | Trial & Arbitration

Vice Chair and Partner

Canada's reputation as a politically and financially stable supplier of energy has made it both a highly desirable source of supply and an increasingly frequent investment target. The substantial commercial activity which these attributes have produced has resulted in various forms of energy related litigation, including operatorship issues, title and land concerns, competition and foreign investment challenges and accounting disagreements. It has also produced a number of litigation counsel, particularly in western Canada, who have developed considerable expertise in energy related litigation and in the workings of the energy industry. Blair C. Yorke-Slader, QC and E. Bruce Mellett, published in Legal Media Group's <em><a target="_blank" href="http://www.benchmarklitigation.com/" title="Benchmark Canada 2012">Benchmark Canada 2012</a></em>.

Energy Litigation in Canada

A pithy review of several recent appellate decisions reflecting the
balancing of societal interests, and the judicial exploration for
fairness and the true intention of the parties, in the face of
apparently plain contractual language. Originally presented at the
2010 Legal Education Society of Alberta 43rd Annual Refresher
Course (Business Law).

Freedom of Contract Revisited

An entertaining and informative history of Ponzi schemes and of extraordinary relief available to victims. Originally presented at the 2010 Legal Education Society of Alberta/Canadian Bar Association Alberta Law Conference.

Ponzi Schemes and Other Really Bad Investments

Ponzi Schemes (and Other Really Bad Investments) - and What to Do About Them

Ashley M. White

Corporate & Commercial Transactions Lawyer | Power & Energy

Partner

Jason D. Roth

Construction & Infrastructure Lawyer | EPC & Project Development

Larissa D. Lees

Regulatory Lawyer at Bennett Jones Calgary

Associate

Canada and Alberta have finalized a Co-operation Agreement to streamline impact assessments and reduce duplication between federal and provincial processes. The framework advances a &ldquo;one project, one review&rdquo; approach aimed at improving efficiency, coordination and regulatory certainty for major projects.

Alberta and Canada Sign Co-operation Agreement to Reduce Assessment Duplication

Samantha Lush

Corporate Commercial Lawyer at Bennett Jones Calgary

Alixe A.L. Cameron

Commercial Real Estate Lawyer

Kateryna Korneliuk

Articling Student at Bennett Jones in Calgary

Articling Student  

Mortgage agreements in Alberta commonly include waivers of Sections 49 and 52 of the Expropriation Act, which can significantly alter how compensation is allocated when land is expropriated. These clauses may shift financial risk from lenders to borrowers and affect entitlement to market value-based compensation and disturbance payments. This blog examines the legal enforceability of such waivers and highlights the importance of clear drafting and independent legal advice.

Drafting Cautiously Waiving Statutory Protections

Sections 49 and 52 of Alberta's Expropriation Act in Mortgage Agreements

Drafting Cautiously: Waiving Statutory Protections 

Sophie Virji

Tax Lawyer at Bennett Jones Calgary

Anna Lekach

The Tax Court of Canada&rsquo;s decision in ExxonMobil Canada Resources Company v. The King highlights the risks of imprecise language in internal corporate communications during CRA audits. The case demonstrates how seemingly innocuous statements can be misconstrued and relied upon to support reassessment positions. It underscores the importance of careful, deliberate drafting to mitigate audit risk and avoid unintended interpretations.

The Issue with Misconstrued Internal Statements

Learnings from ExxonMobil Canada Resources Company v. The King

Jacob Schroeter

Commercial Transactions Lawyer at Bennett Jones Toronto

Quinn Rozwadowski

Articling Student at Bennett Jones in Toronto

Articling Student

This article examines the Ontario Court of Appeal&rsquo;s decision in McDonald&rsquo;s v. North Elgin, confirming that landlords cannot terminate long-term leases due to missing Planning Act consent where the approval process remains ongoing. It highlights the importance of &ldquo;saving clauses,&rdquo; cooperation obligations, and the retroactive curing effect of consent under the Planning Act. The decision reinforces that parties must honour their contractual commitments despite administrative delays.

Anchored Down Long Term Leases and the Limits on Landlord Exit Rights

Anchored Down:  Long-Term Leases and the Limits on Landlord Exit Rights

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer at Bennett Jones Calgary

Christopher Petrucci

Commercial Litigation Lawyer at Bennett Jones Calgary

Brian P. Reid

Construction & Energy Litigation Lawyer

The Alberta Court of King&rsquo;s Bench in Phoenix Treatment Systems Ltd v 1924613 Alberta Ltd confirmed that not all activities qualify as lienable work capable of extending lien deadlines under the Prompt Payment and Construction Lien Act. The decision reinforces that only work sufficiently connected to the construction process will extend the registration period. Parties should take care to accurately identify the last day of lienable work, as errors may invalidate an otherwise enforceable lien.

Ponzi Schemes (and Other Really Bad Investments) - and What to Do About Them

From the Same Authors

Energy Litigation in Canada

Freedom of Contract Revisited

Ponzi Schemes (and Other Really Bad Investments) - and What to Do About Them

Latest Insights

Alberta and Canada Sign Co-operation Agreement to Reduce Assessment Duplication

Drafting Cautiously: Waiving Statutory Protections

The Issue with Misconstrued Internal Statements

Anchored Down: Long-Term Leases and the Limits on Landlord Exit Rights

Stay Informed. Stay Ahead.