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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

<p>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 <em>Competition Act</em> (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. </p>

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

Intellectual Property Lawyer, Patent Agent and Trademark Agent at Bennett Jones Calgary

Associate, Patent Agent, Trademark Agent

<p>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.</p>

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

Aaron E. Sonshine

Corporate Finance, Mergers and Acquisitions and Corporate Governance Lawyer at Bennett Jones Toronto

Partner 

Abbas Ali Khan

Mining, Technology, Securities and Corporate Commercial Lawyer at Bennett Jones Toronto

Adam Kalbfleisch

Competition, Foreign Investment Review and Regulatory Lawyer at Bennett Jones Toronto

<p>Bennett Jones is proud to have once again been recognized as one of Canada’s leading law firms across 41 practice areas, with 135 lawyer rankings in <em><a rel="noopener noreferrer" rel="noopener noreferrer" href="https://chambers.com/law-firm/bennett-jones-llp-canada-20:2791" target="_blank">Chambers Canada 2025</a></em>. These rankings reflect the deep trust our clients place in us to solve their most complex legal matters and underscore our lawyers' extensive understanding of their industries and businesses, enabling us to consistently deliver an exceptional experience. In this year's guide, Bennett Jones has 10 Band 1 practice rankings, 20 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Class Action Law Firm of the Year and was a finalist for Real Estate Law Firm of the Year. </p>

Bennett Jones Top Ranked in Chambers Canada 2025

<p>Emily Kettel spoke as a panelist at the <a rel="noopener noreferrer" href="https://www.law.utoronto.ca/events/12th-annual-u-t-patent-colloquium" target="_blank">12th Annual U of T Patent Colloquium</a> on “<em>Evidentiary, Procedural and Case Management Issues</em>”.</p>

Evidentiary Procedural and Case Management Issues

Evidentiary, Procedural and Case Management Issues

Mahnaz Jan Ali

Financial Services Lawyer at Bennett Jones Montréal

Andrée-Anne Tremblay

Articling Student at Bennett Jones in Montréal

Articling Student

<p>A recent Quebec Court of Appeal&rsquo;s decision in <em>S&eacute;questre de Bois BSL inc. /</em> <em>BSL Wood Products Inc.</em>, 2025 QCCA 993, builds on the Superior Court&rsquo;s ruling&nbsp;and revisits the dissenting opinion in <em>Maschinenfabrik Rieter AG</em> c. <em>Canadian Fidelity Mills Ltd.</em>, 2005 QCCA 1033. It clarifies the legal treatment of ownership claims in the context of receivership and the consequences of late registration of security under Quebec law.</p>
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Whose Tractor Is It Anyway Quebec Decision Clarifies Ownership Claims in Receivership

Whose Tractor Is It Anyway? Quebec Decision Clarifies Ownership Claims in Receivership

Luke Morrison

Energy Project Development, M&A, and Commercial Transaction Lawyer at Bennett Jones Calgary

Ashley M. White

Corporate, Commercial Transactions, Power & Energy Lawyer at Bennett Jones Calgary

Pamela Clark

Lawyer at Bennett Jones Calgary 

Associate 

<span>On June 6, 2025, the federal government introduced Bill C-5, <em>An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act</em>, which proposes new legislation aimed at strengthening Canada's economy by removing interprovincial trade and labour mobility barriers and advancing major projects.</span>

Wind In The Sails of Canadian Energy Project Development

Wind In The Sails of Canadian Energy Project Development: Major Projects Office Open For Business, and Details of Fast-Tracked Projects Emerging

Robert W. Staley

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

Vice Chair and Partner

Cheryl M. Woodin

Commercial Litigation, Product Liability & Class Actions Lawyer at Bennett Jones Toronto

Ciara J. Mackey

Commercial Litigation Lawyer at Bennett Jones Calgary

In <em data-start="65" data-end="94">Sinclair v. Venezia Turismo</em>, 2025 SCC 27, the Supreme Court of Canada clarified that jurisdiction must be assessed for each defendant individually. A plaintiff cannot rely on one defendant&rsquo;s contract or weak connecting factors to extend jurisdiction to others. The decision strengthens the principles of corporate separateness in cross-border disputes.

The SCC Clarifies Approach to Jurisdiction Against Multiple Defendants in Cross Border Disputes

Sinclair v. Venezia Turismo: The SCC Clarifies Approach to Jurisdiction Against Multiple Defendants in Cross-Border Disputes

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

<span>AI transcription tools offer efficiency and accuracy in the boardroom but create risks to confidentiality, privacy and legal privilege. Organizations should adopt clear policies, safeguards and training to ensure responsible use and compliance with governance standards.</span>

AI Notetaking in the Boardroom

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

<p style="text-align: left;">The United States Patent and Trademark Office's decision to cancel its Climate Change Mitigation pilot program for patents has not gone unnoticed in Canada. For Canadian policymakers and agri-tech innovators, this move by the United States raises two big questions: (1) How might this affect Canada&rsquo;s own intellectual property&nbsp; strategy for green tech, and (2) could it create opportunities for Canada (and others) to take the lead in certain climate-tech domains?</p>
<p style="text-align: left;">A particular area of interest is carbon-capture agri-tech, technologies that help farming not just reduce emissions but actively capture carbon (for instance, special crops or soil treatments that lock away carbon dioxide or farm machinery that traps greenhouse gases). These innovations are crucial for meeting climate goals and could become a competitive arena internationally.</p>

Fast Tracks and Green Gaps Part IV

Fast Tracks and Green Gaps Part IV: Shifting Gears: How the United States' Exit from Climate Protection Fuels Canada's IP Advantage

The Same But Different :
Patent Linkage in Canada

Authors


Bennett Jones Article The Same But Different : Patent Linkage in Canada January 1, 2013 Authors Emily P. KettelPartner, Trademark Agent Similar to the US, Canada has a patent linkage system that requires generics to address certain patents before obtaining regulatory approval of drugs. Although in theory the two systems are similar, in practice there are nuances that make them different. Published in LMG Life Sciences, 2, pp. 153-154. Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@bennettjones.com. For informational purposes only This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors. Authors Emily P. Kettel, Partner, Trademark Agent Toronto • 416.777.4893 • kettele@bennettjones.com

The Same But Different : Patent Linkage in Canada

Authors

The Same But Different :
Patent Linkage in Canada