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Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Partner

Jennifer (Jenn) K. Choi

Associate

Maruska Giacchetto

This article examines the Ontario Court of Appeal's decision in J.P. Thomson Architects Ltd. v Greater Essex County District School Board, 2025 ONCA 378, which provides critical clarification on the interpretation of multi-step dispute resolution (MSDR) clauses. MSDR clauses, commonly used in commercial contracts, outline escalating steps such as negotiation, mediation, and arbitration to resolve disputes. The Court addressed ambiguities in the drafting of MSDR timelines, emphasizing that specified timeframes should be interpreted as minimum waiting periods rather than strict deadlines. The decision overturned a lower court ruling that barred a party from arbitration due to a perceived failure to meet a 30-day mediation request deadline. This article highlights the importance of precise drafting in MSDR clauses, discusses the implications of the Court's decision, and provides practical guidance for parties drafting or negotiating dispute resolution provisions in commercial agreements.

Do you need to rush to mediate - Ontario Court of Appeal

Do You Need to Rush to Mediate? Ontario Court of Appeal Clarifies Interpretation of Multi-Step Dispute Resolution Clause

Jackson Spencer

When faced with defendants' applications brought before the plaintiff's application to certify a class proceeding, BC courts have often held that there is a presumption that certification will proceed first.

BC Court Rules Class Action Plaintiffs

BC Court Rules Class Action Plaintiffs Cannot Delay Pre-Certification Applications if the Plaintiff Has Not Applied for Certification

Paige Lutz

Articling Student at Bennett Jones Vancouver

Articling Student

In Cleaver v The Cadillac Fairview Corporation Limited, <a rel="noopener noreferrer" href="https://www.canlii.org/en/bc/bcsc/doc/2025/2025bcsc910/2025bcsc910.html?resultId=f30bc38bbf7b4a978995c58ab183a49b&searchId=2025-05-28T14%3A13%3A00%3A216%2Fd0ef113dfe8340768622e7e229c49b01&searchUrlHash=&offset=0&highlightEdited=true" target="_blank">2025 BCSC 910</a>, the BC Supreme Court refused to certify a class proceeding alleging privacy breaches of biometric data, concluding that the plaintiffs had failed to establish an identifiable class. In 2018, the defendant Cadillac Fairview Corporation Limited (Cadillac Fairview) installed cameras equipped with third-party Anonymous Video Analytics software (the Software) in Canadian mall directories to estimate visitor counts and basic age and gender demographics. Warnings that visitors may be recorded and reference to an online privacy policy were posted at mall entrances, but there was no warning on directory screens.

BC Court Finds no Identifiable Class in Mall-Directory Camera Privacy Class Action

BC Court Finds No Identifiable Class in Mall-Directory Camera Privacy Class Action

Stephanie Day

Commercial Litigation Lawyer at  Bennett Jones Vancouver

On February 25, 2025, British Columbia introduced Bill 4, proposing significant amendments to the Business Practices and Consumer Protection Act (BPCPA).

British Columbia Bill 4 Targeting Class Action Waivers and Arbitration Clauses Receives Royal Assent

Lorelei Graham

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

Across the Atlantic, the European Union (EU) and its member states have also been encouraging climate-resilient agri-tech innovation, but their approach to intellectual property incentives has been a bit different. The European Union has set ambitious climate goals (like achieving climate neutrality by 2050) and launched the European Green Deal, a broad policy agenda to support sustainable technologies. While funding and regulations (such as support for sustainable farming practices) are big parts of the EU strategy, there is also recognition that IP rights play an important role in fostering innovation. However, unlike Canada or the recent US pilot program, Europe has not implemented a unified “green channel” for patent examination at the European Patent Office.

Fast Tracks and Green Gaps Part III

Fast Tracks and Green Gaps Part III: Green Without the Label: Europe's Pragmatic IP Approach to Agri-Tech Innovation

Steven L. Major KC

Commercial Dispute, Construction, Fraud, Police and Personal Injury Lawyer at Bennett Jones Calgary

Drew C. Broughton

Corporate Commercial and M&A Lawyer at Bennett Jones Calgary

Kevin Myson

Corporate, Commercial Transaction, Energy, Natural Resource and M&A Lawyer at Bennett Jones Calgary

Canada is navigating a "wild frontier" in the energy industry, with a unique opportunity to forge successful and sustainable partnerships both domestically and internationally. This was the rallying call at the Energy Business Forum during the 74th Canadian Energy Executive Association (CEEA) conference in Banff, Alberta, where industry leaders gathered to share visions for the future of Canada's energy landscape.

Key Takeaways From the Wild Frontier Energy Business Forum CEEA 74

Key Takeaways From the "Wild Frontier" Energy Business Forum at CEEA '74

The United States has long been a major player in both agri-tech innovation and the intellectual property (IP) landscape. In the past, the United States Patent and Trademark Office (USPTO) offered its own version of a green patent fast-track to encourage climate-friendly inventions. Notably, in 2009 to 2011 the USPTO ran a Green Technology Pilot Program that prioritized examination for certain eco-friendly patents. The pilot ended in 2012, but more recently the USPTO brought back the idea in June 2022, with the Climate Change Mitigation Pilot Program, which was essentially an accelerated examination program for patent applications directed to fight climate change. Under this program, inventions designed to reduce or monitor greenhouse gas emissions, including many clean energy, sustainability or climate-smart agriculture innovations, could be examined out of turn. Importantly, like Canada’s program, the US pilot did not charge the usual petition fee for expediting. The goal was to spur green tech by making it faster and cheaper to secure IP rights.

Fast Tracks and Green Gaps Part II

Fast Tracks and Green Gaps Part II: Innovation Interrupted: What the End of the USPTO's Green Program Means for Agri-Tech

Climate change is driving a surge in agricultural technology (agri-tech) innovations aimed at making farming more resilient and sustainable. From drought-resistant crops to carbon-capturing soil techniques, these climate-focused agri-tech solutions are crucial for global food security. An often-overlooked piece of this puzzle is intellectual property (IP) strategy, namely how patents and other IP rights are used to protect and incentivize innovation.

Fast Tracks and Green Gaps Part I

Fast Tracks and Green Gaps Part I: Planting the Future: Why Canada's IP System May Be the Climate Innovation Sleeper Hit


Bennett Jones Blog British Columbia Bill 4 Targeting Class Action Waivers and Arbitration Clauses Receives Royal Assent May 12, 2025 Authors Stephanie DayAssociate Jackson SpencerAssociate On February 25, 2025, British Columbia introduced Bill 4, proposing significant amendments to the Business Practices and Consumer Protection Act (BPCPA). Bill 4 received royal assent on March 31, 2025, but pursuant to s. 41 of Bill 4, the consequential amendments come into force by regulation. When in force, the BPCPA will prohibit dispute resolution clauses and class action waiver clauses in consumer contracts. The government has indicated that it will work with stakeholders to provide businesses with "reasonable time to adjust their practices," and we will provide an update when the enacting regulation is announced. Have time to read more? To find out more about the amendments to Bill 4, see our Quick Takes blog titled British Columbia Bill 4 Targets Class Action Waivers and Arbitration Clauses. When enforced, the amendments to the BPCPA will align British Columbia with other provinces including Ontario, Quebec, Alberta and Saskatchewan. 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 Stephanie Day, Associate Vancouver • 604.891.5154 • days@bennettjones.com Jackson Spencer, Associate Vancouver • 604.891.5359 • spencerj@bennettjones.com

British Columbia Bill 4 Targeting Class Action Waivers and Arbitration Clauses Receives Royal Assent

Authors