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Sarah E. Gilbert

Regulatory, Environmental and Health and Safety Lawyer at Bennett Jones Toronto

Partner

Gatlin Smeijers

Environmental Lawyer at Bennett Jones Toronto

Julia E. Schatz

Commercial Litigation, Agribusiness, Arbitration, Real Estate, Construction and Environmental Litigation at Bennett Jones Toronto

Partner 

On June 5, 2025, the Competition Bureau (the Bureau) published its <a rel="noopener noreferrer" href="https://competition-bureau.canada.ca/en/how-we-foster-competition/education-and-outreach/publications/environmental-claims-and-competition-act#sec02-2" target="_blank">final Guidelines for environmental claims</a> under the Competition Act (the Act). The Guidelines were created to help businesses and the public understand the Bureau's approach to deceptive marketing provisions under the Act as they relate to environmental claims, including with respect to the new environment-specific provisions that were enacted in 2024. While not binding on the Commissioner of Competition nor the Competition Tribunal, the Guidelines provide visibility into the Bureau's interpretation and approach to environmental claims.

Final Guidelines From the Competition Bureau on Environmental Claims in Canada

Final Guidelines from the Competition Bureau on Environmental Claims in Canada

Sander A.J.R. Grieve KC

Global Mining Finance, M&A, Exploration, Development and Extraction Lawyer at Bennett Jones Toronto

Andrew N. Disipio

Securities, Corporate Finance and Mergers & Acquisitions Lawyer at Bennett Jones Toronto

On April 17, 2025, the Ontario government introduced Bill 5, called the Protect Ontario by Unleashing Our Economy Act, 2025 (Bill 5), an extensive legislative proposal aimed at accelerating resource development and reducing regulatory burdens across Ontario's key industries, including mining. Notably, Bill 5 also proposes a new discretionary authority to deny the issuance of mining leases and cancel existing claims and tenures for the purpose of protecting the "strategic national mineral supply chain".

Ontario Moves to Fast Track Mining Expand Discretion Over Tenure

Ontario Moves to Fast Track Mining, Expand Discretion Over Tenure

Gatlin Smeijers has joined Bennett Jones as a partner in the firm's Toronto office with a broad-based practice in environmental and regulatory law.

Gatlin Smeijers Joins Bennett Jones as Partner in Toronto

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

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

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

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

Gatlin Smeijers Joins Bennett Jones as Partner in Toronto

About Bennett Jones

Authors


Bennett Jones Announcement Gatlin Smeijers Joins Bennett Jones as Partner in Toronto April 1, 2025 Authors Gatlin SmeijersPartner Gatlin Smeijers has joined Bennett Jones as a partner in the firm's Toronto office with a broad-based practice in environmental and regulatory law. Gatlin is a Law Society-certified specialist in environmental law and former Associate Vice President, Legal for a leading international commodity trading and mining company. He brings a rare combination of deep technical expertise and practical industry experience to effectively navigate complex environmental law and regulatory challenges. As a true subject matter expert with commercial acumen, Gatlin excels in crafting innovative solutions that are bespoke to clients’ business and legal needs. Gatlin advises clients on transactional matters including mergers and acquisitions, financings, real estate deals and development, and major projects in the mining, manufacturing and energy sectors, to name a few. He leverages his real-world experience and engineering background to identify environmental and regulatory risks and provide strategic advice regarding mitigation, management and resolution. He also advises and supports clients through regulatory approval processes and the development of compliance management systems with respect to all manner of environmental and industrial regulatory affairs. Gatlin has substantial experience interfacing with all levels of government on behalf of his industry clients. As an advocate, Gatlin helps clients who are facing regulatory investigations, enforcement, prosecution, administrative proceedings and environmental civil litigation. Gatlin teaches two full-term courses on Engineering Law and Ethics at the University of Waterloo to 300 students annually within the environmental, geological, civil and architectural engineering programs. About Bennett Jones Bennett Jones is one of Canada’s premier business law firms and home to 500 lawyers and business advisors. With deep experience in complex transactions and litigation matters, the firm is well equipped to advise businesses and investors with Canadian ventures and connect Canadian businesses and investors with opportunities around the world. Serving clients since 1922, we are proud to be the firm that businesses trust with their most complex legal matters. 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 Gatlin Smeijers, Partner Toronto • 416.777.6549 • smeijersg@bennettjones.com