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Keely Cameron

Litigation Lawyer at Bennett Jones Calgary

Partner

Gracie Boser

Articling Student

The Alberta Court of Appeal has clarified the nature of co-lessee liability for unpaid Crown royalties under the Mines and Minerals Act. In two companion decisions, the Court confirmed that co-lessees are jointly (not jointly and severally) liable, meaning a claim extinguished against one may impact all. The decisions also address how vesting orders and insolvency stays affect the Crown&rsquo;s ability to pursue royalty arrears.

Vesting Order Bars Claims

 However Co-Lessee Liability for Unpaid Crown Royalties May Remain

Vesting Order Bars Claims for Unpaid Crown Royalties

Andrew N. Disipio

Mining & Corporate Finance Lawyer | M&A, Equity & Debt Deals

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

Simon Grant

Financial Services & Regulatory Lawyer

Partner 

The Supreme Court of Canada has granted leave to appeal a significant British Columbia case concerning mineral rights, Indigenous consultation and the application of UNDRIP in Canadian law. The decision will address whether courts can determine if provincial and federal legislation is consistent with UNDRIP and could have far-reaching implications for mineral claim acquisition, title certainty and natural resource project development across Canada. The ruling is expected to provide important guidance for mining companies, resource developers and Indigenous communities.

Supreme Court to Hear Landmark Case Involving Mineral Rights and Licensing Regimes

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Luke Stretch

Commercial Real Estate Lawyer

Associate

Nathalie Hunter Heighington

Associate at Bennett Jones Vancouver

In Convocation Flowers Incorporated v. Anisa Holdings Ltd., 2026 ONCA 145, the Ontario Court of Appeal held that a landlord&rsquo;s interference with essential common area access&mdash;specifically loading dock facilities&mdash;can constitute a repudiatory breach of a commercial lease. The Court emphasized that even broadly drafted landlord discretion clauses cannot be exercised in a way that defeats a tenant&rsquo;s core operational use of the premises. The decision reinforces that courts will assess lease performance in practical, commercial terms when determining whether a fundamental breach has occurred.

Repudiation by Denied Access

Convocation Flowers Incorporated v. Anisa Holdings Ltd., 2026 ONCA 145

Repudiation by Denied Access: ONCA Confirms Loss of Essential Common Area Access May Be Repudiatory Breach of Lease

Samantha Lush

Corporate Commercial Lawyer at Bennett Jones Calgary

Alixe A.L. Cameron

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 

Kristopher R. Hanc

M&A and Capital Markets Lawyer

Christopher J. Doucet

Corporate & Mining Lawyer | M&A & Corporate Finance

Aidyn Bhatia

Lawyer at Bennett Jones Toronto

The Canadian Securities Administrators (CSA) has launched a broad consultation on modernizing the regulation of public companies, examining venture issuer status, financial reporting, resale restrictions, material change reporting and alignment with U.S. developments. The Consultation Paper includes a proposed qualified institutional purchaser exemption that could provide eligible reporting issuers with greater flexibility to raise capital without traditional resale hold periods. Stakeholders have until November 13, 2026, to submit comments.

CSA Publishes Sweeping Consultation on Modernizing the Regulation of Public Companies

Meg Tweedlie

Director, Student Talent

Samuel Judson

Commercial Real Estate Lawyer at Bennett Jones Toronto

Change of control provisions in commercial leases can create uncertainty for both landlords and tenants, particularly where terms such as &ldquo;control&rdquo; and &ldquo;effective control&rdquo; are undefined. This article examines the Canadian legal landscape, key case law and Section 23 of Ontario&rsquo;s Commercial Tenancies Act, and offers practical considerations for drafting and negotiating change of control provisions. It also highlights potential carve-outs and strategies to reduce ambiguity and the risk of future disputes.

change of Control of Commercial Tenants Drafting

Change of Control of Commercial Tenants: Drafting, Interpretation and Practical Considerations

Akhila Sandhu

Summer Student

Morgan Sutherland

Associate 

Michael C. Smith

The United Nations has adopted the first global regulatory framework for Automated Driving Systems, establishing safety, cybersecurity, testing and monitoring requirements for Level 3, 4 and 5 automated vehicles. This article examines the framework&rsquo;s implications for Canada, including how Transport Canada may incorporate the requirements into domestic vehicle safety standards and what manufacturers and suppliers should consider as regulation evolves.

First Global Regulatory Framework For Autonomous Vehicles

First Global Regulatory Framework For Autonomous Vehicles: Key Takeaways For Canada And The Auto Industry

Martin Ignasiak KC

Energy & Industrial Projects Lawyer

Head of Energy Regulatory

Michael P. Theroux KC

Commercial Litigation, Arbitration & Energy Litigation Lawyer

Brynne Harding

The Supreme Court of Canada has resolved one of the most consequential questions left open by Vavilov, and which has divided jurisprudence in lower courts since then&mdash;whether judicial review is constitutionally guaranteed or can be barred by privative clauses.

Big Implications for Appeals from Administrative Tribunals

The Supreme Court Settles the Constitutional Floor for Judicial Review in Democracy Watch v Canada

Ethan Z. Schiff

Class Actions & Commercial Litigation Lawyer

Jenna Vivian

Commercial Litigation Lawyer at Bennett Jones Edmonton

The Supreme Court of Canada&rsquo;s decision in SS&amp;C Technologies Canada Corporation v. Bank of New York Mellon Corporation, 2026 SCC 29, revisits the doctrine of spoliation and confirms that courts must draw an adverse inference when intentional destruction of relevant evidence is established. The decision provides guidance on the test for spoliation, the scope of mandatory adverse inferences and the importance of preserving evidence during litigation.

The Supreme Court of Canada Affirms Mandatory Adverse Inference in Cases of Spoliation

The Supreme Court of Canada Affirms Mandatory Adverse Inference for Spoliation

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Bennett Jones Celebrates International Women's Day 2020

From the Same Authors