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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

Dominique T. Hussey

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

Chief Executive Officer

Cheryl M. Woodin

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

For 2025, <a href="/sitecore/service/notfound.aspx?item=core%3a%7b8AABD48C-0C9A-4C2D-AB95-D9794F1BAD8A%7d%40en">Dominique Hussey</a>, <a href="/sitecore/service/notfound.aspx?item=core%3a%7bDBE7E2AD-D4AB-49E7-B071-5F10AEFB58A6%7d%40en">Melanie Teetaert</a> and <a href="/sitecore/service/notfound.aspx?item=core%3a%7bBB7E2F17-4898-4C5A-860E-BCC568DCF931%7d%40en">Cheryl Woodin</a> have once again earned a place on Benchmark Litigation's <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://benchmarklitigation.com/Jurisdiction/Top-100-Women-Canada/Details/8904#lawyers" target="_blank">Top 100 Women in Litigation</a> list.

Dominique Hussey Melanie Teetaert and Cheryl Woodin Recognized Again Among Benchmark Litigations

Dominique Hussey, Melanie Teetaert and Cheryl Woodin Recognized in Benchmark's Top 100 Women in Litigation

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

Curtis A. Cusinato

Cross-border Mergers and Acquisitions and Capital Markets Lawyer at Bennett Jones Toronto

Vice Chair and Partner

Vincent M. de Grandpré

Intellectual Property Litigation and Strategy Lawyer at Bennett Jones Toronto

Eighteen Bennett Jones lawyers are ranked in the July 2025 <a rel="noopener noreferrer" href="https://www.lexpert.ca/special-editions/health-sciences-law" target="_blank">Lexpert Special Edition: Health Sciences</a>. The annual feature profiles Lexpert-ranked lawyers in Health Sciences and related practices.

Eighteen Bennett Jones Lawyers Ranked in Lexperts Special Edition on Health Sciences

Eighteen Bennett Jones Lawyers Ranked in Lexpert's Special Edition on Health Sciences

Katherine Booth

Litigation Lawyer at Bennett Jones Vancouver

Lamont Bartlett

Commercial Litigation Lawyer at Bennett Jones Edmonton

Gannon Beaulne

Litigation Lawyer at Bennett Jones Toronto

Thirty-seven Bennett Jones lawyers have been recognized in the <a rel="noopener noreferrer" href="https://benchmarklitigation.com/Firm/Bennett-Jones/Profile/111070#lawyers" target="_blank">Benchmark Canada</a><a rel="noopener noreferrer" href="https://benchmarklitigation.com/Firm/Bennett-Jones/Profile/111070#lawyers" target="_blank"> 2025 rankings</a>, including 30 Litigation Stars and 10 Future Stars. Five of our lawyers were also named among the Top 50 Trial Lawyers in Canada.

Bennett Jones Lawyers Named Among Canadas Top Litigators By Benchmark Canada

Bennett Jones Lawyers Named Among Canada's Top Litigators By Benchmark Canada

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

Title Alphabetical

Title

BennettJones

Hussey Dominique

Teetaert Melanie

Woodin Cheryl

Commercial Litigation

Intellectual Property Litigation

Intellectual Property Law

Class Action Litigation

Energy Litigation

Dominique Hussey Melanie Teetaert and Cheryl Woodin in Benchmarks Top 100 Women in Litigation

Dominique Hussey, Melanie Teetaert and Cheryl Woodin in Benchmark's Top 100 Women in Litigation

Authors


Bennett Jones Announcement Dominique Hussey, Melanie Teetaert and Cheryl Woodin in Benchmark's Top 100 Women in Litigation August 3, 2023 Authors Dominique T. HusseyChief Executive Officer Melanie TeetaertPartner Cheryl M. WoodinPartner Dominique Hussey, Melanie Teetaert and Cheryl Woodin have been named Top 100 Women in Litigation for 2023 by Benchmark Litigation. This recognition is awarded to leading women litigators in the Canadian legal market, working on some of the most impactful litigation matters. Benchmark covers the litigation and disputes market in North America, covering the United States and Canada, as well as Latin America, Europe and the Asia-Pacific region. 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 Dominique T. Hussey, Chief Executive Officer • Co-Head of Innovation, Technology & Branding Practice Toronto • 416.777.6230 • husseyd@bennettjones.com Melanie Teetaert, Partner • Co-Head of Litigation and Dispute Resolution Department Vancouver • 604.891.5110 • teetaertm@bennettjones.com Cheryl M. Woodin, Partner • Co-Head of Litigation and Dispute Resolution Department Toronto • 416.777.6550 • woodinc@bennettjones.com