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John M. Mercury

Executive Chair & Chair of the Board and M&A and Corporate Finance Lawyer at Bennett Jones 

Executive Chair & Chair of the Board

James T. McClary

Private Equity and M&A Lawyer at Bennett Jones Calgary

Partner

Ian C. Michael

Corporate Lawyer at Bennett Jones Toronto

John Mercury, James McClary, Bryan Haynes, Ian Michael, Kristopher Hanc and Drew Broughton write the Canadian chapter in Lexology's global guide on Getting the Deal Through—Private M&A 2023. They look at the key trends, opportunities, challenges and risks that strategic decision makers need to consider when investing in Canada.

Getting the Deal Through in Private M A in Canada

Getting the Deal Through in Private M&A in Canada

Gary S.A. Solway

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

Munaf Mohamed KC

Civil Fraud, Commercial Litigation and International Asset Recovery Lawyer at Bennett Jones Calgary

Lead Director and Partner

Gary Solway, Munaf Mohamed, John Mercury, Michael Mysak and Paul Romaniuk write "Ten Takeaways for Buyers and Sellers in Private M&A Transactions" in CVCA Central.

Ten Takeaways for Buyers and Sellers in Private MA Transactions

Ten Takeaways for Buyers and Sellers in Private M&A Transactions

John Mercury, James McClary, Bryan Haynes, Ian Michael, Kristopher Hanc and Drew Broughton provide a comprehensive and up-to-date overview of private M&A in the Canada chapter of Getting the Deal Through—Private M&A 2022.

Getting the Deal Through Private M A in Canada 2021

Getting the Deal Through—Private M&A in Canada 2022

A private M&A purchase agreement customarily includes extensive representations and warranties and indemnification provisions. Post-closing, if the buyer alleges a breach of those provisions claiming significant damages, and the seller disputes that allegation, that dispute could end up before the courts for resolution.

Ten Takeaways for Private MA Sellers and Buyers in Canada from Recent Court Decision

Ten Takeaways for Private M&A Sellers and Buyers in Canada from Recent Court Decision

Kees de Ridder

Intellectual Property Lawyer, Patent Agent and Trademark Agent at Bennett Jones Calgary

Associate, Patent Agent, Trademark Agent

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

The Supreme Court of Canada will hear Pharmascience Inc v Janssen Inc on October 9, 2025, a case that could reshape the scope of patentable subject matter in Canada. At issue is whether a dosing regimen for a pharmaceutical product constitutes an unpatentable method of medical treatment or a valid invention under the Patent Act. The Federal Court and Federal Court of Appeal upheld the patent&rsquo;s validity, but Pharmascience has challenged this position. With several industry groups granted intervenor status, the case is expected to have significant implications not only for the pharmaceutical industry but also for broader questions of what qualifies as an &ldquo;invention,&rdquo; including computer-implemented and AI-related technologies.

Supreme Court to Assess Subject Matter Eligibility in Canadian

Supreme Court to Assess Subject Matter Eligibility in Canadian Patent Law: Implications Beyond the Pharmaceutical Context

AI is transforming performance marketing through hyper-personalization, automated content creation, and data-driven insights&mdash;enhancing efficiency while raising new legal and ethical considerations for brands.

The Implications of AI on Performance Marketing

Sean Zweig

Restructuring, Insolvency and Bankruptcy Lawyer at Bennett Jones Toronto

Andrew Froh

Commercial Litigation Lawyer at Bennett Jones Vancouver

Associate

James Atkinson

Articling Student at Bennett Jones 

Articling Student          

A recent decision of the US Bankruptcy Court in Re: Iovate Health Sciences International Inc. provides important insights for Canadian companies involved in cross-border restructurings. The case addresses how debtor companies can rebut the presumption that their &ldquo;center of main interests&rdquo; (COMI) is located at their registered office when seeking Chapter 15 recognition in the United States. Chief Judge Glenn reaffirmed that COMI is determined by a non-exhaustive set of factors, including management, assets, creditors and creditor expectations, and may also be influenced by pre-filing restructuring activities.

Trend Watch Determining COMI in US Chapter 15 Proceedings

Trend Watch: Determining COMI in US Chapter 15 Proceedings

Dom Sorbara

Banking & Financial Services Lawyer at Bennett Jones Toronto

Elizabeth K. Dylke

Corporate and Private Funds Lawyer

James G. Morand

Tax Lawyer at Bennett Jones Toronto

This edition of the PE Briefing examines private equity developments in the third quarter of 2025, including trends in Canadian and global deal activity, the continued growth and complexity of private credit, Ontario&rsquo;s advantages as a jurisdiction for non-US flow-through vehicles, and practical considerations in the drafting of earnouts.

The Q3 2025 PE Briefing

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer at Bennett Jones Calgary

Brian P. Reid

Litigation, Construction, Joint Venture Agreement and Builder's Lien Lawyer at Bennett Jones Calgary

Aly Parth

Articling Student at Bennett Jones in Calgary 

Articling Student 

The Alberta Court of Appeal&rsquo;s decision in Tempo v. Man-Shield confirms that equitable set-off is a true defence capable of precluding summary judgment in construction disputes. The ruling emphasizes that where claims and cross-claims are inseparably connected, courts must account for both to avoid unjust outcomes. This case provides important guidance for contractors, subcontractors and counsel navigating payment disputes and litigation strategy in the construction sector

John Mercury Live on BNN on Private Equity in Oil & Gas Sector

Authors


Bennett Jones In The News John Mercury Live on BNN on Private Equity in Oil & Gas Sector March 29, 2016 Authors John M. MercuryExecutive Chair & Chair of the Board John Mercury appeared live on BNN's Commodities to provide his insights on private equity activity in Canada's oil & gas sector. This included a look at the supply of investment in the market, the demand for financing by companies and the importance of the strong management teams in western Canada to PE funds. He also discussed the prospects for going private transactions in Canada's energy sector. 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 John M. Mercury, Executive Chair & Chair of the Board Calgary • 403.298.4493 • mercuryj@bennettjones.com