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Melanie L. Aitken

Global Antitrust and Competition Law and Litigation Advisor at Bennett Jones Washington

Managing Principal, Bennett Jones (US) LLP

Adam Kalbfleisch

Competition, Foreign Investment Review and Regulatory Lawyer at Bennett Jones Toronto

Partner

Emrys Davis

Commercial Litigation, Competition and Class Action Lawyer at Bennett Jones Toronto

In our previous Bennett Jones insight, we discussed several amendments to the Competition Act introduced by the Government of Canada in 2023, with the most recent set coming into force on June 20, 2024. These amendments, which follow earlier changes from June 2022 and December 2023, significantly revamp the merger review provisions and expand deceptive marketing practices. The Finance Committee's rushed review and the Commissioner of Competition's submissions influenced these changes, resulting in new market share presumptions and higher requirements for remedial orders.

Revamped Competition Act Radically Alters Canadian Competition Law

Zirjan (Zee) J. Derwa

Competition and Foreign Investment Review Lawyer at Bennett Jones Toronto

Following several years of lively public discussion, two high-profile consultations and the introduction of several “interim amendments” to the Competition Act in 2022, the federal government has now tabled two new bills (<a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.parl.ca/legisinfo/en/bill/44-1/c-56" target="_blank">Bill C-56</a> and <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.parl.ca/legisinfo/en/bill/44-1/c-59" target="_blank">Bill C-59</a>), which together, would introduce the most significant reforms to Canadian competition policy in several decades.

Federal Government to Significantly Overhaul the Competition Act

Dominique T. Hussey

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

Chief Executive Officer

Patrick T. Maguire KC

Leading Canadian and International Energy and Commercial Transaction Lawyer at Bennett Jones Calgary

Vice Chair and Partner

To mark this year's International Women's Day, we are proud to present a candid leadership conversation on the challenges women face in the legal field. Our five office managing partners—<a href="/sitecore/service/notfound.aspx?item=core%3a%7bBCD47589-13D4-4199-BCEC-DCAD8B73A51B%7d%40en" target="_self">Melanie Aitken</a>, Radha Curpen, <a href="/sitecore/service/notfound.aspx?item=core%3a%7b8AABD48C-0C9A-4C2D-AB95-D9794F1BAD8A%7d%40en" target="_self">Dominique Hussey</a>, <a href="/sitecore/service/notfound.aspx?item=core%3a%7b3DF9CF6A-6929-42F6-AE20-B36195EED069%7d%40en" target="_self">Pat Maguire</a> and <a href="/sitecore/service/notfound.aspx?item=core%3a%7bB06276DD-82F3-4518-B04E-4DECF0918D80%7d%40en" target="_self">Barbara Stratton</a>—are joined by moderator and Bennett Jones partner, <a href="/sitecore/service/notfound.aspx?item=core%3a%7b05EE0A48-0AB4-4111-984B-46A1AFFE6512%7d%40en" target="_self">Michelle Yung</a> as they share perspectives from their lived experiences. This discussion highlights the importance of acting purposely to create an workplace where women can thrive.

IWD 2023 Workplaces Where Women Thrive

IWD 2023: Workplaces Where Women Thrive

On April 26, 2022, the government of Canada revealed significant proposed amendments to the Competition Act as part of the Budget Implementation Act, 2022, No. 1. As expected, these amendments have now come into force with the BIA receiving Royal Assent on June 23, 2022. The changes constitute the first step in the federal government's plan for comprehensive reform to the Act, characterized by the government as an initiative to improve the effectiveness of the Act, and better protect Canadian consumers and the integrity of the marketplace.

First Round of Competition Act Amendments Now in Force

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

GCR Live 3rd Annual Event

Authors


Bennett Jones Speaking Engagement GCR Live 3rd Annual Event September 18, 2015 Authors Melanie L. AitkenManaging Principal, Bennett Jones (US) LLP Melanie Aitken co-moderates the keynote address, "Current Challenges in U.S. Antitrust Enforcement," at the Global Competition Review event in New York. 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 Melanie L. Aitken, Managing Principal, Bennett Jones (US) LLP • Head of Competition, Antitrust & Foreign Investment Practice New York - United States • 416.777.4855 • aitkenm@bennettjones.com