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Katherine Booth

Litigation Lawyer at Bennett Jones Vancouver

Partner

Emma Arnold-Fyfe

Commercial Litigation Lawyer at Bennett Jones Vancouver

Associate

Securities-related regulatory action regarding “AI washing” has been increasing in the United States, serving as a warning of potential future developments in Canada. AI washing, as defined by the Canadian Securities Administrators (the CSA), refers to an issuer making false, misleading or exaggerated claims about its use of AI systems in its products or services to capitalize on the growing use of and investor interest in AI systems. The CSA reported that it identified disclosure and promotional campaigns that included AI washing during its most recent continuous disclosure review program. We are also seeing securities class actions alleging AI washing being filed in the United States.

It All Comes Out in the Wash Regulatory Action on AI Washing Ramps Up

It All Comes Out in the Wash: Regulatory Action on AI Washing Ramps Up

Edward W. Hulshof

While applications for certification of class proceedings are commonplace, trials to decide certified common issues on their merits are comparatively rare. The decision in one such common issues trial was recently released in <a rel="noopener noreferrer" href="https://canlii.ca/t/k6hdk" target="_blank">Escobar v Ocean Pacific Hotels Ltd.</a>, 2024 BCSC 1575, in a class action brought on behalf of hourly employees of a Vancouver hotel who stopped receiving regular shifts after the outbreak of COVID-19. Success was split between class members and the defendant.

Mixed Success at The BC Supreme Court in Rare Common Issues Trial in Employment Class Action

Mixed Success at the B.C. Supreme Court in Rare Common Issues Trial in Employment Class Action 

Jackson Spencer

British Columbia is often referred to as a "no costs" jurisdiction for class proceedings because section <a rel="noopener noreferrer" href="https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96050_01#section37" target="_blank">37</a> of the B.C. <a rel="noopener noreferrer" href="https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96050_01" target="_blank">Class Proceedings Act</a> creates a presumptive no-costs regime in British Columbia for certification applications and after actions have been certified as class proceedings. This is in contrast to some other provinces, such as Ontario, where there is no such rule. However, two recent decisions from the British Columbia Supreme Court confirm that the normal cost rules still apply in British Columbia prior to certification, including to pre-certification applications that are heard concurrently with certification.

BC Supreme Court confirms that British Columbias no costs rule does not apply to precertification

B.C. Supreme Court Confirms that British Columbia's No-Costs Rule Does Not Apply to Pre-Certification Applications 

In a pair of decisions released on July 5, 2024, the B.C. Court of Appeal (BCCA) found that an alleged reckless failure to safeguard personal information may be sufficient to make out Privacy Act claims of "wilful violation" of privacy against database defendants who are victims of data hacks. In doing so, the BCCA interpreted statutory Privacy Act claims to be potentially broader than the common law tort of intrusion upon seclusion, which the Ontario Court of Appeal in its 2022 "trilogy" of decisions in <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/on/onca/doc/2022/2022onca813/2022onca813.html?resultIndex=1&resultId=99e0df2af84b4d21bb93482719a57ff5&searchId=2024-07-08T08:47:26:021/76baa0f2132f4f9987effb1055293968" target="_blank">Owsianik</a>, <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/on/onca/doc/2022/2022onca814/2022onca814.html?resultIndex=1&resultId=676e6de1fe604662ba861cff3d3eb127&searchId=2024-07-08T08:47:53:140/eda8238351014b5fb0c4fec618b616b0" target="_blank">Obodo</a> and <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/on/onca/doc/2022/2022onca815/2022onca815.html?resultIndex=1&resultId=a311de2b17654b539b29608f356dc7d8&searchId=2024-07-08T08:48:11:829/65c2575b608141ca9f5364b58b085bb7" target="_blank">Winder</a> limited to claims against the hacker who committed the "intrusion", not the database defendant who allegedly failed to prevent it.

BC Court of Appeal Finds that Allegedly Reckless Database Custodians may be Liable

B.C. Court of Appeal Finds that Allegedly Reckless Database Custodians may be Liable for "Wilful Violations" of Privacy Under the Privacy Act

Wesley R. Novotny

Corporate Tax Lawyer at Bennett Jones Calgary

Wade Ritchie

Tax Lawyer at Bennett Jones Calgary

Zachary Thacker

Canada has proposed amendments to its employee ownership trust (EOT) rules that improve clarity, reduce risks from disqualifying events, and expand access to the C$10 million capital gains deduction. These changes make EOTs a more practical and attractive succession planning tool for business owners.

New Legislative Proposals Boost the Appeal of Employee Ownership Trusts

Ruth E. Promislow

 Data Security and Privacy, Commercial Litigation Lawyer at Bennett Jones Toronto

Caroline Poirier

Information Technology, Privacy and Data Protection Lawyer at Bennett Jones Montreal

Suzie Suliman

Commercial Transactions Lawyer at Bennett Jones Toronto

Associate, Trademark Agent

Canadian privacy regulators found TikTok improperly collected children&rsquo;s data and lacked valid consent. TikTok will implement new privacy measures, emphasizing stronger protections for youth and transparency under Canadian law.

Joint Privacy Commissioner Investigation of TikTok Key Take Aways

Joint Privacy Commissioner Investigation of TikTok Key Take-Aways

Edwin G. Kroft KC

Tax Litigation Lawyer at Bennett Jones

Antoine Messervier

Tax Lawyer at Bennett Jones Vancouver

Andrew Young

Tax Lawyer at Bennett Jones Toronto

Issue 38 of Bennett Jones on Tax Disputes, published on Taxnet Pro by Thomson Reuters, features a review of notable tax cases, recent court guidance and ongoing appeal activity. This issue includes several articles from members of Bennett Jones&rsquo; Tax group.

Bennett Jones on Tax Disputes Issue 38 September 2025

Bennett Jones on Tax Disputes: September 2025

Lorelei Graham

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

It is clear that the global push for green innovation is no longer just aspirational, it is structural. Over the past decade, countries around the world have implemented a mosaic of policies to accelerate environmentally friendly technologies, many of which intersect with intellectual property. But intellectual property (IP) is just one piece of a much larger innovation puzzle.
Increasingly, we see that financial incentives, regulatory frameworks and IP protections are working in tandem to drive green agri-tech. Incentives can include tax credits, substantial grants supporting climate-smart agriculture, subsidies for carbon farming, or &ldquo;patent box&rdquo; regimes offering reduced tax rates on income from green IP, all of which then shape the behavior of startups and researchers alike. However increasingly the conversation is expanding beyond patents and grants into including carbon markets.

Fast Tracks and Green Gaps Part V

Fast Tracks and Green Gaps Part V: From Carrots to Carbon Credits: How the World is Powering Green Agri-Tech Beyond IP

Christopher A. Travascio

Corporate Commercial and Technology, Media and Entertainment Lawyer at Bennett Jones Toronto

Jung Kuo (John) Ra

Corporate Commercial Lawyer at Bennett Jones Toronto

The latest PitchBook Global Private Market Fundraising Report highlights key trends shaping private capital markets in the first half of 2025. This article examines shifts in regional fundraising dynamics, the continued strength of private debt, the growing scale of secondaries, and challenges facing private equity&mdash;particularly for emerging managers. With capital increasingly concentrated among experienced fund managers, the report offers valuable insights for sponsors navigating fundraising, dealmaking, and portfolio strategy in an evolving market environment.

Top Trends in Private Market Funding

Top Trends in Private Capital Fundraising

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Lamont Bartlett and Katherine Booth Named to Benchmark 40 and Under Hot List 2025

Lamont Bartlett and Katherine Booth Ranked in 2025 Benchmark Litigation 40 & Under Hot List

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