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Dom Sorbara

Banking & Financial Services Lawyer at Bennett Jones Toronto

Partner

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

Gary S.A. Solway

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

Lisa Kakoske

Corporate and Securities Lawyer

Bruce A. Hibbard

Public and Private Capital Markets, Investment Fund and M&A Lawyer at Bennett Jones Calgary

Partner 

Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups, is a comprehensive guide designed to help Canadian technology startups navigate the complexities of choosing the right jurisdiction for incorporation.

Incorporation Forum Shopping in Canada Considerations for Canadian Tech Startups

Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

Adam Kalbfleisch

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

Zirjan (Zee) J. Derwa

Competition and Foreign Investment Review Lawyer at Bennett Jones Toronto

Canada's new criminal prohibition on wage-fixing and no-poaching agreements will come into force on June 23, 2023. These new provisions under subsection 45(1.1) of the Competition Act (the Act) were enacted last year but did not immediately come into force.
The new laws will prohibit agreements between unaffiliated employers: to fix, maintain, decrease or control wages or other terms of employment; or to refrain from hiring or trying to hire one another’s employees.

Wage Fixing and No Poaching Agreements Illegal on June 23 2023

Wage-Fixing and No-Poaching Agreements Illegal on June 23, 2023

Katelyn Weller

Counsel at Bennett Jones Toronto

Counsel

Last year, the Competition Act was amended to make it a criminal offence for two or more unrelated employers to enter into wage-fixing or no-poaching agreements. <a href="/sitecore/service/notfound.aspx?item=core%3a%7b68129A84-0D1D-4171-9103-287AA26B904C%7d%40en"></a>These new provisions come into force on June 23, 2023, with the aim of allowing employers adequate time to assess and adjust their practices to avoid potential criminal repercussions under these new regulations.

Competition Bureau Seeks Feedback on Enforcement Guidance for Wage Fixing and No Poaching Agreements

Competition Bureau Seeks Feedback on Enforcement Guidance for Wage-Fixing and No-Poaching Agreements

Lorelei Graham

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

Dominique Carli

Commercial Transactions Lawyer at Bennett Jones Toronto

Associate

Wittington Investments has launched a C$100 million fund to support Canadian food producers with equity or debt financing. Success depends on legal readiness, from IP protection to governance, ensuring businesses are prepared to attract and secure investment.

Legal Readiness for Food Producers Navigating Wittington Investments C100M Fund

Legal Readiness for Food Producers: Navigating Wittington Investments’ C$100M Fund

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.

Third Annual CICMA - CIAA - CDL - Joint Seminar

From the Same Authors

The Q3 2025 PE Briefing

Incorporation Forum Shopping in Canada: Considerations for Canadian Tech Startups

Wage-Fixing and No-Poaching Agreements Illegal on June 23, 2023

Latest Insights

Legal Readiness for Food Producers: Navigating Wittington Investments’ C$100M Fund

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

The Implications of AI on Performance Marketing

Trend Watch: Determining COMI in US Chapter 15 Proceedings

Stay Informed. Stay Ahead.