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Emrys Davis

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

Partner

Michael A. Eizenga L.S.M.

Leading Canadian Class Action Litigator at Bennett Jones Toronto

Partner 

Gannon Beaulne

Litigation Lawyer at Bennett Jones Toronto

In our 2025 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead.

Class Actions Looking Forward 2025

Class Actions: Looking Forward 2025

Michael Eizenga speaks to Law.com about the resolution of a decades-long Canadian class action dispute, culminating in a C$32.5 billion agreement with the tobacco industry.

Tobacco Industry Settles for C325 Billion in Landmark Canadian Class Action

Tobacco Industry Settles for C$32.5 Billion in Landmark Canadian Class Action

Cheryl M. Woodin

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

Pascale Dionne-Bourassa

Civil and Commercial Litigator, Construction Law Lawyer at Bennett Jones (Québec) LLP

Montréal Managing Partner

In our 2024 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead.

Class Actions Looking Forward 2024

Class Actions: Looking Forward 2024

William A. Bortolin

Commercial Litigation Lawyer at Bennett Jones Toronto

Associate

Mehak Kawatra

Michael Eizenga L.S.M., William Bortolin and Mehak Kawatra co-author the second chapter of the 2023 edition of the <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://store.thomsonreuters.ca/en-ca/products/annual-review-of-civil-litigation---2023-42979724" target="_blank">Annual Review of Civil Litigation</a>. Their chapter, titled "Proportionality in Pleadings Motions: Applying The Hyrniak Culture Shift to the Assessment of Novel Claims," discusses the impact of the Supreme Court of Canada's decision in Hryniak v. Mauldin on civil litigation, particularly regarding the proportionality principle.

Annual Review of Civil Litigation 2023

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

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

Richardson Patrick Westbrook & Brickman, LLC, Litigation Seminar

Authors


Bennett Jones Speaking Engagement Richardson Patrick Westbrook & Brickman, LLC, Litigation Seminar April 1, 2007 Authors Michael A. Eizenga L.S.M.Partner Michael Eizenga presents, "A View from the Great White North," at a litigation seminar for Richardson Patrick Westbrook * Brickman, LLC, in Charleston, SC (April 2007). 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 Michael A. Eizenga L.S.M., Partner • Co-Head of Class Actions Practice Toronto, Vancouver • 416.777.4879 • eizengam@bennettjones.com