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Emrys Davis

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

Partner

Emily P. Kettel

Intellectual Property Lawyer at Bennett Jones Toronto

Partner, Trademark Agent

Christina Skinner

Competition and Antitrust Lawyer at Bennett Jones Toronto

Associate

On December 17, 2024, the Competition Tribunal (the Tribunal) issued reasons for its decision to dismiss an application for leave to bring a private abuse of dominance action against a major pharmaceutical manufacturer. JAMP had applied for leave to bring a claim against Janssen Inc. alleging abuse of dominance under section 79 of the Competition Act (the Act) in relation to STELARA, Janssen’s drug containing the active ingredient ustekinumab. The Tribunal dismissed JAMP’s application. Among other things, its decision confirms that the Tribunal will carefully probe the parties’ evidence in performing its important screening role on leave applications.

Competition Tribunal Issues First of its Kind Decision in Private Abuse of Dominance Case

Competition Tribunal Issues First-of-Its-Kind Decision in Private Abuse of Dominance Case Against Major Pharma Manufacturer

J. Sébastien A. Gittens

Intellectual Property and Technology Commercialization Lawyer at Bennett Jones Calgary

Kees de Ridder

Technology, IP & Privacy Lawyer | Patents, Licensing & Cyber

Associate, Patent Agent, Trademark Agent

On December 12, 2024, the Canadian Trademarks Opposition Board (TMOB) announced plans to initiate a <a rel="noopener noreferrer" href="https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/trademarks-opposition-board/pilot-project-registrar-initiated-section-45-expungement-proceeding" target="_blank">pilot project</a> in January 2025 whereby the Registrar of Trademarks will proactively issue a limited number of section 45 notices against existing trademark registrations with the primary intent to assess how many of these trademarks are no longer in use.

Clearing the Deadwood Inactive Trademarks at Risk as Section 45 Pilot Project Announced

Clearing the Deadwood: Inactive Trademarks at Risk as Section 45 Pilot Project Announced

The Québec Court of Appeal recently released a decision in Micron Technology Inc. c Hazan, 2020 QCCA 1104, that could have important implications for defendants seeking to have proposed class proceedings in Québec courts stayed in favour of proceedings in other Canadian jurisdictions.

Stay Here or There Recent Direction from the Quebec Court of Appeal on Stays

Stay Here or There? Recent Direction from the Québec Court of Appeal on Stays in Proposed Parallel Class Proceedings

Dominique T. Hussey

Chief Executive Officer and Intellectual Property Litigator, Pharma/Biotech and Trademark Lawyer at Bennett Jones Toronto

Chief Executive Officer

Melissa M. Dimilta

Intellectual Property Meets Real Property

Equip: IP Litigation Case of the Week

Intellectual Property Meets Real Property: Recent Copyright Infringement Cases

Jehad Haymour

Tax Litigation Lawyer at Bennett Jones Calgary

Sophie Virji

Tax Lawyer at Bennett Jones Calgary

Anna Lekach

The Tax Court of Canada allowed ExxonMobil Canada Resources Company&rsquo;s appeal in a significant transfer pricing dispute concerning the deductibility of feasibility study costs related to a proposed Alaska-to-North America natural gas pipeline project. The Court found that the costs were incurred for the purpose of earning income and rejected the Minister&rsquo;s transfer pricing adjustments and Part XIII tax assessment. The decision provides important guidance on transfer pricing analysis, the application of the OECD Guidelines and the evidentiary role of expert testimony in tax disputes.

ExxonMobil Wins in Tax Court in Transfer Pricing Dispute

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Andrew L. Jeanrie

Real Estate & Municipal Law Lawyer | Development & Approvals

Helen Cassie

Associate at Bennett Jones Vancouver

This first installment in a three-part series examines the federal government&rsquo;s creation of Build Canada Homes (BCH) and the policy shift toward a more delivery-oriented role in housing development. It situates BCH within current market conditions and outlines how the new Crown corporation is intended to accelerate affordable housing supply through partnerships with the private and non-profit sectors.

A Three Part Series on the New Federal Approach to Housing Build Canada Homes

A Three-Part Series on the New Federal Approach to Housing: Build Canada Homes

Quinn Rozwadowski

Articling Student at Bennett Jones in Toronto

Articling Student

Jane C. Helmstadter

Real Estate Lawyer at Bennett Jones Toronto

Even carefully drafted lease covenants requiring tenants to repair and restore premises may not be enforced literally under Canadian common law. Courts consider reasonableness, commercial context, and ordinary wear and tear when assessing tenant obligations. This blog explores how landlords and tenants can navigate these limits and manage end-of-lease expectations.

Not Quite Absolute Obligations Reasonable Limits on Lease Covenants to Repair Restore

Not-Quite-Absolute Obligations: Reasonable Limits on Lease Covenants to Repair & Restore

Natalia E. Iamundo

Commercial Real Estate Lawyer at Bennett Jones Toronto

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Ahmed Elmallah

Intellectual Property Lawyer at Bennett Jones Edmonton

Counsel, Patent Agent, Trademark Agent

Proptech is transforming the real estate sector through technologies such as AI, IoT and data-driven platforms. This blog examines recent Canadian patent filing trends, emerging litigation and key IP considerations for companies developing or adopting proptech solutions.

Prop Tech Patents And Patent Litigation

Proptech: Patents and Patent Litigation

Samuel Judson

Craig R. R. Garbe

Commercial Real Estate Lawyer | Funds, REITs & JV Deals

Rights of first refusal (ROFRs) can significantly affect Canadian commercial real estate transactions, particularly when properties are sold as part of a portfolio. This blog reviews limited Canadian case law addressing when ROFRs are triggered in portfolio sales and the challenges they create for vendors and purchasers. It also outlines practical structuring strategies to help navigate these complex transactions.

Rights of First Refusal in Canadian Commercial Real Estate

Rights of First Refusal in Canadian Commercial Real Estate: Navigating Portfolio ROFRs

The Same But Different: Patent Linkage in Canada

From the Same Authors