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Emrys Davis

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

Partner

Emily P. Kettel

Intellectual Property Lawyer at Bennett Jones Toronto

Partner, Trademark Agent

Christina Skinner

Competition and Antitrust Lawyer at Bennett Jones Toronto

Associate

On December 17, 2024, the Competition Tribunal (the Tribunal) issued reasons for its decision to dismiss an application for leave to bring a private abuse of dominance action against a major pharmaceutical manufacturer. JAMP had applied for leave to bring a claim against Janssen Inc. alleging abuse of dominance under section 79 of the Competition Act (the Act) in relation to STELARA, Janssen’s drug containing the active ingredient ustekinumab. The Tribunal dismissed JAMP’s application. Among other things, its decision confirms that the Tribunal will carefully probe the parties’ evidence in performing its important screening role on leave applications.

Competition Tribunal Issues First of its Kind Decision in Private Abuse of Dominance Case

Competition Tribunal Issues First-of-Its-Kind Decision in Private Abuse of Dominance Case Against Major Pharma Manufacturer

J. Sébastien A. Gittens

Intellectual Property and Technology Commercialization Lawyer at Bennett Jones Calgary

Kees de Ridder

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

Associate, Patent Agent, Trademark Agent

On December 12, 2024, the Canadian Trademarks Opposition Board (TMOB) announced plans to initiate a <a rel="noopener noreferrer" href="https://ised-isde.canada.ca/site/canadian-intellectual-property-office/en/trademarks-opposition-board/pilot-project-registrar-initiated-section-45-expungement-proceeding" target="_blank">pilot project</a> in January 2025 whereby the Registrar of Trademarks will proactively issue a limited number of section 45 notices against existing trademark registrations with the primary intent to assess how many of these trademarks are no longer in use.

Clearing the Deadwood Inactive Trademarks at Risk as Section 45 Pilot Project Announced

Clearing the Deadwood: Inactive Trademarks at Risk as Section 45 Pilot Project Announced

The Québec Court of Appeal recently released a decision in Micron Technology Inc. c Hazan, 2020 QCCA 1104, that could have important implications for defendants seeking to have proposed class proceedings in Québec courts stayed in favour of proceedings in other Canadian jurisdictions.

Stay Here or There Recent Direction from the Quebec Court of Appeal on Stays

Stay Here or There? Recent Direction from the Québec Court of Appeal on Stays in Proposed Parallel Class Proceedings

Dominique T. Hussey

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

Chief Executive Officer

Melissa M. Dimilta

Intellectual Property Meets Real Property

Equip: IP Litigation Case of the Week

Intellectual Property Meets Real Property: Recent Copyright Infringement Cases

Oliver Loxley

Corporate Lawyer at Bennett Jones Vancouver

Dom Sorbara

Banking & Financial Services Lawyer at Bennett Jones Toronto

In the context of corporate debt, 'liability management' refers to a company taking steps to manage its existing debt obligations. This often involves a combination of one or more open market repurchases, redemptions/repayments, consent solicitations, tender offers or exchange offers and may involve other transactions. A repurchase of debt from a holder is one of the most straight-forward examples of liability management.

Liability Management in Canada

Andrew Bozzato

Corporate, M&A, Securities Lawyer at Bennett Jones Toronto

Bishoy Attia

Articling Student at Bennett Jones in Toronto

Articling Student

Private investment in the defence sector is accelerating as governments realign policy priorities and expand support for dual-use and DefTech innovation. Canada&rsquo;s 2025 Budget and long-term spending commitments are reshaping the industry, driving new opportunities across AI, cyber, space, advanced manufacturing and critical infrastructure. With global capital flowing into defence technology and structural reforms underway to modernize procurement, the sector is rapidly transitioning from fragmented to fully investable.

Policy Dual Use and DefTech Drive a New Era for Private Capital in Defence

Policy, Dual-Use and DefTech Drive a New Era for Private Capital in Defence

Daron K. Naffin

Energy, Environmental/Regulatory and Expropriation Lawyer at Bennett Jones Calgary

Tim Myers

Regulatory, Environmental, Aboriginal and Expropriation Lawyer at Bennett Jones Calgary

Thomas Machell

Regulatory Lawyer at Bennett Jones Calgary

On November 4, 2025, the Alberta Energy Regulator released AERH2S, an updated version of its computer model for calculating Emergency Planning Zones (EPZs) for sour gas applications. AERH2S replaces the longstanding ERCBH2S model and is available for immediate use by industry. According to AER Bulletin 2025-34, the use of AERH2S will become mandatory for all applications filed under Directive 056: Energy Development Applications and Schedules, including amendment applications, starting January 1, 2026. The continued use of ERCBH2S is permitted for updates to existing EPZs (and any EPZs established before January 1, 2026) under Directive 071: Emergency Preparedness and Response until further notice.

Alberta Energy Regulator Releases New AERH2S Model for Sour Gas Operations

David Cassin

Employment Lawyer at Bennett Jones Toronto

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

Robert W. Staley

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

Vice Chair and Partner

In McPherson v Global Growth Assets Inc., the Ontario Superior Court interpreted the no-reprisal provisions of the Securities Act for the first time, awarding more than $5.3 million to a CEO who was terminated after raising compliance concerns. The decision underscores the strength of the Act&rsquo;s protections for employees who engage in protected activities and highlights the significant risk to employers of taking disciplinary action without clear, documented justification.

Ontario Securities Act No Reprisal Provisions Results in 53 Million Award to CEO

Ontario Securities Act No-Reprisal Provisions Results in C$5.3 Million Award to CEO: A Warning to Regulated Employers

Edwin G. Kroft KC

Tax Litigation Lawyer at Bennett Jones

Antoine Messervier

Tax Lawyer at Bennett Jones Vancouver

Anna Lekach

Tax Lawyer at Bennett Jones Calgary

The November 2025 issue of Bennett Jones on Tax Disputes explores major developments in Canadian tax law, including new CRA guidance on the Voluntary Disclosures Program, court decisions on settlement confidentiality and costs, and proposed reforms to the Tax Court&rsquo;s informal procedure limits. The issue also features case summaries and insights from Bennett Jones&rsquo; tax litigators on emerging trends in tax dispute resolution.

Western Law Students Association

Authors


Bennett Jones Speaking Engagement Western Law Students Association March 1, 2015 Authors Emily P. KettelPartner, Trademark Agent Emily Kettel presents "Intellectual Property Law" as a guest speaker at Western Law Students Association. Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Peter Zvanitajs at ZvanitajsP@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 Emily P. Kettel, Partner, Trademark Agent Toronto • 416.777.4893 • kettele@bennettjones.com