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Emrys Davis

Competition & Antitrust Litigation Lawyer

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

Technology Lawyer & Trademark Agent

Kees de Ridder

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

Partner, 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

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

Dominique Hussey and Melissa Dimilta co-author the Canada chapter in the first edition of World Trademark Review's <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.worldtrademarkreview.com/review/the-trademark-litigation-review/2024" target="_blank">Trademark Litigation Review</a>.
This guide casts an expert eye on some of the most pressing issues facing those involved in litigation on both sides of the divide, blending analytic insight with on-the-ground expertise from key regions.

WTR Trademark Litigation Review 2024

WTR: Trademark Litigation Review 2024

Dominique Hussey and Melissa Dimilta write the Canada chapter in the first edition of the WTR Trademark Litigation Review. They look at trademark litigation in Canada at a high level, including causes of action, remedies, evidence and defences.

Winning Strategies for Litigating Before Canadian Courts

John D. van Gent

Commercial Real Estate Finance Lawyer | Lending & Credit

Quinn Rozwadowski

Articling Student at Bennett Jones in Toronto

Articling Student

This article examines a common misconception in mortgage lending: the perceived need for guarantees from beneficial owners and general partners. It explains why such guarantees are typically unenforceable due to fundamental principles of agency and guarantee law. The piece also outlines clearer, more effective approaches to structuring mortgage loan relationships.

Would The Real Guarantor Please Stand Up

Andrew N. Disipio

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

Geoffrey P. Stenger

Energy, Infrastructure & Construction Lawyer | Bennett Jones Calgary

Partner 

Alexis Fol

Project Development, Energy and Infrastructure Lawyer at Bennett Jones Montreal

Canada&rsquo;s M&amp;A market entered 2026 with moderated activity but sustained underlying strength, as dealmakers adopted a more selective and strategic approach. Large transactions drove a significant share of total value, with energy, mining and infrastructure leading activity. As regulatory clarity improves and investor confidence builds, the market is well positioned for increased dealmaking through the remainder of the year.

Canadas Q1 2026 MA Landscape

Large Transactions and Sector Concentration Shape Early-2026 Dealmaking

Canada's Q1 2026 M&A Landscape

Artem N. Barsukov FCIArb

International Arbitration Lawyer

Edward W. Hulshof

Commercial Litigation Lawyer at Bennett Jones Vancouver

Paige Lutz

Articling Student at Bennett Jones Vancouver

The Alberta Court of Appeal clarified that broadly worded arbitration clauses can extend to statutory claims, including those under the Tort-Feasors Act. Overturning the uncertainty created by Orica, the Court confirmed that parties will be held to their agreement to arbitrate, even where claims arise by operation of law. The decision reinforces commercial certainty and helps avoid parallel proceedings and inconsistent outcomes.

Alberta Court of Appeal Provides Antidote to Consternation on Scope of Arbitration Clauses

Anu Nijhawan

M&A, Corporate Financing and International Tax Lawyer at Bennett Jones Calgary

Lead Director and Partner

Hennadiy Kutsenko

Tax Lawyer at Bennett Jones Toronto

Counsel

Talia K. Bregman

Management-side Employment Lawyer at Bennett Jones Toronto

Recent guidance from the Organisation for Economic Co-operation and Development provides important clarity on when cross-border remote work arrangements may give rise to a permanent establishment under international tax treaties. The analysis focuses on key indicators such as the duration of remote work and whether there is a commercial reason for an employee&rsquo;s presence in a jurisdiction. The article also outlines practical steps employers can take to mitigate tax risk and manage a globally distributed workforce.

Remote Work Without Borders But Not Necessarily Without Tax Consequences

Remote Work Without Borders—But Not Necessarily Without Tax Consequences: OECD Guidance for a Post-Pandemic World

Ethan Z. Schiff

Class Actions & Commercial Litigation Lawyer

Pavan Pasha

Commercial Litigation Lawyer at Bennett Jones Toronto

In Cervantes v. Pizza Nova Take Out Ltd., the Ontario Divisional Court clarified that civil conspiracy claims must allege an agreement or common design among defendants. The Court held that compliance with a franchisor&rsquo;s requirements alone does not constitute conspiracy. This decision reinforces the need for precise pleadings and upholds the principle of corporate separateness in class action claims.

No Agreement No Conspiracy Ontario Court Affirms Civil Conspiracy Requires a Pleaded Agreement

No Agreement, No Conspiracy: Ontario Court Affirms Civil Conspiracy Requires a Pleaded Agreement

Bennett Jones Recognized at the Managing IP Americas Awards 2026

Authors


Bennett Jones Announcement Bennett Jones Recognized at the Managing IP Americas Awards 2026 April 9, 2026 Authors Dominique T. HusseyChief Executive Officer Melissa M. DimiltaPartner, Trademark Agent Emily P. KettelPartner, Trademark Agent Bennett Jones was honoured at the Managing IP Americas Awards 2026, one of the most prestigious events on the global intellectual property calendar. Held on April 9, 2026 in New York, the annual awards recognize the most innovative and impactful IP work across the Americas, celebrating leading firms, in-house teams and individuals. Bennett Jones was recognized as: Impact Case of the Year: Bayer v Amgen (2025 FCA 142) Now in its 21st year, the Managing IP Awards bring together top practitioners and industry leaders to celebrate excellence in intellectual property law. Winners are selected based on extensive research, market feedback and submissions highlighting the most complex and significant IP matters over the past year. This recognition reflects Bennett Jones’ continued strength in delivering strategic, high-impact results for clients in complex intellectual property disputes. Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Bryan Canning at canningb@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 Dominique T. Hussey, Chief Executive Officer • Co-Head of Innovation, Technology & Branding Practice Toronto • 416.777.6230 • husseyd@bennettjones.com Melissa M. Dimilta, Partner, Trademark Agent Toronto • 416.777.7448 • dimiltam@bennettjones.com Emily P. Kettel, Partner, Trademark Agent Toronto • 416.777.4893 • kettele@bennettjones.com