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Michael S. Shakra

Corporate Lawyer at Bennett Jones Toronto

Partner

Zachary Thacker

Tax Lawyer at Bennett Jones Calgary

Associate

<p><span>Bill C-228, <em>An Act to amend the Bankruptcy and Insolvency Act, the Companies’ Creditors Arrangement Act and the Pension Benefits Standards Act, 1985</em> received Royal Assent on April 27, 2023 and is now law, subject to a four-year transitional period before its provisions come into effect.</span></p>
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New Pension Priorities in Bankruptcy and Insolvency are Closer to Reality

New Pension Priorities in Bankruptcy and Insolvency Are Now Reality

Amanda C. McLachlan

Corporate & Regulatory Lawyer | Disputes, Investigations & Compliance

Jaspreet Kaur

Employment Lawyer at Bennett Jones Toronto

In Rayonier v Unifor, Locals 256 and 89 arbitrator Paula Knopf dismissed a union policy grievance which alleged that an age 65 cut-off for long-term disability benefits coverage under the parties' collective bargaining agreement was in violation of the Canadian Charter of Rights and Freedoms.

Age 65 Cut Off for Long Term Disability Benefits Coverage Not a Charter Violation

Age 65 Cut-Off for Long-Term Disability Benefits Coverage Not a Charter Violation

On June 9, 2022, the Canadian Association of Pension Supervisory Authorities published consultation drafts of pension plan guidelines covering <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.capsa-acor.org/Documents/View/1914" target="_blank">environmental, social and governance considerations</a>, as well as <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.capsa-acor.org/Documents/View/1923" target="_blank">cyber</a> and <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.capsa-acor.org/Documents/View/1921" target="_blank">leverage</a>. CAPSA also announced that it is contemplating the establishment of a separate, principles-based risk management guideline, but is inviting comments on whether to instead prepare a single document that combines all of these items into an inclusive risk management guideline.

CAPSA Consultation on ESG Leverage Cyber and Risk Management Guidelines for Pension Plans

CAPSA Consultation on ESG, Leverage, Cyber and Risk Management Guidelines for Pension Plans

On April 28, 2022, the federal government introduced <em>Budget Implementation Act, 2022, No. 1 </em>(Bill C-19) for first reading, to implement certain aspects of the federal government's 2022 Budget. Included in Bill C-19 is a proposed amendment to the <em>Pension Benefits Standards Act, 1985</em> (PBSA) which, if adopted, would make governance policies mandatory for all federally regulated registered pension plans (Federally Regulated Plans). It expands on previously proposed legislation, introduced in 2021, that would have made governance policies a requirement solely for Federally Regulated Plans that are negotiated contribution plans.

Governance Policies to be Required for All Federally Regulated Pension Plans

Ashley M. White

Corporate & Commercial Transactions Lawyer | Power & Energy

Jason D. Roth

Construction & Infrastructure Lawyer | EPC & Project Development

Larissa D. Lees

Regulatory Lawyer at Bennett Jones Calgary

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

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.

Not All Work Will Extend the Lien Period

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