Updates

  • Now You See It, Now You Don’t: SCC Upholds Worldwide Injunction That Alters Google Search Results
    July 12, 2017

    The Supreme Court of Canada has upheld a novel injunction order against Google, requiring it to remove certain websites from worldwide search results. For litigants in Canadian courts, Google v. Equustek enlarges both the available pre-trial remedies, and the choice of who may be sued, to protect intellectual property rights—and perhaps other interests as well.
  • Bennett Jones Spring 2017 Economic Outlook
    June 01, 2017

    This Spring 2017 Outlook has three sections. In Section I we review the broad cyclical, structural and policy factors that are expected to shape growth to the end of the decade, particularly in the advanced economies, and present our base outlook with a focus, as usual, on the United States and Canada. In Section II we review the issues surrounding trade policy developments in the United States and elsewhere and the implications for Canadian governments and businesses. Finally, in Section III we examine the risks to the economic outlook posed by other uncertain developments and outline the related possible impact on Canadian monetary, fiscal and structural policies.
  • New Federal Methane Reduction Regulations for the Upstream Oil and Gas Sector
    May 31, 2017

    The Government of Canada has released its proposal for the first federal regulations on greenhouse gas emissions applicable specifically to the upstream oil and gas sector, titled Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector).

Blogs

  • Anonymous Poster of Defamation Unmasked
    July 21, 2017

    Anonymity on the Internet has encouraged some to feel they live in a culture that feels no responsibility for what might be posted and where there may be no consequences for what one posts. That is, however, not the case as seen in Carleton Condominium Corporation No. 282 v. Yahoo! Inc., 2017 ONSC 4385, Madam Justice Robin Ryan Bell applied well settled law to require the intermediary, Yahoo!, to reveal the identity of the poster of allegedly defamatory posts....
  • Cybersecurity: When Social Engineering Fraud is Not Covered Under Your Insurance Policy
    July 21, 2017

    We live in an age of escalating cybersecurity threats. Many intrusion threats are social engineering attacks, which seek to gain entry to an organization's computer systems via its personnel and not a hack to the computer systems. While not technical in nature these attacks can effect substantial harm on an organization and need to be taken as seriously as the technical attacks....
  • Pharma and Biologics Disputes in Canada—Big Changes for Big and Small Molecule Litigation
    July 20, 2017

    The patent litigation that propels generic and biosimilar products to market will soon change dramatically. July 15, 2017, marked the release of long-awaited proposed amendments to the Patented Medicines (Notice of Compliance) Regulations, which govern patent infringement and invalidity disputes involving patented medicines between “first” and “second” persons (i.e., brand v. generic and biologic v. biosimilar). The resolution of these disputes determines the timing of market approval of generic and biosimilar products. The proposed regulations are subject to a brief public consultation period until the end of July. The amendments could affect new cases starting as early as September 21, 2017, when the Comprehensive Economic Trade Agreement (CETA) that inspired the changes will likely take effect.

Guides

  • Public Mergers and Acquisitions in Canada
    May 2017

    Canadian public merger and acquisition transactions in 2016 (in-bound and out-bound) comprised over C$400 billion in value with at least one-third of the transactions in Canada being fueled by foreign buyers. The second edition of the Guide provides an overview of the current Canadian legal system for anyone contemplating a public merger and acquisition transaction in Canada. It describes, among other things, acquisition techniques, deal strategy and tactics, minority shareholder rights, directors' duties, regulatory approvals, cross-border considerations and tax and employment matters. The new edition of the Guide is particularly timely in light of significant changes to Canada's take-over bid regime over 2016/2017.
  • Looking Forward: Canadian Class Actions in 2017
    March 02, 2017

    In 2016, significant decisions were rendered in class proceedings that provide clarity on how Canadian courts intend to interact with each other, domestic and foreign litigants, and courts internationally going forward. Recent trends towards the globalization of Canada’s class regime have continued.

    Bennett Jones was involved in some of the most important cases of 2016. Our active and expanding class actions practice group maintained its hard-earned reputation as a leader in the Canadian legal market. By leveraging our practical experience, litigation expertise, and unparalleled knowledge of procedure, we helped clients achieve meaningful results that aligned with their business objectives.

    With the additional clarity provided by recent decisions, the stage is set for continued Canadian class action activity in 2017. Our 2017 Looking Forward publication contains our discussion of recent Canadian class action trends and our look forward at how we anticipate those trends will impact strategies for defeating class actions or potentially avoiding them altogether.

  • Private Placement of Securities in Canada
    Second Edition, January 2017

    Securities regulation in Canada is a matter of provincial jurisdiction and each of the ten Canadian provinces and three territories has its own securities regulatory body, that enforces the relevant local legislation and generally has the power to promulgate rules, regulations and policies with respect to securities trading. Although the legal requirements with respect to securities offerings are substantially similar in each province and territory, there are some unique features to each regime.

Articles

  • Mediating before the Competition Tribunal: Lessons from the Parkland Mediation
    Fall 2017

    This paper will be published in the Competition Law Review, Fall 2017 and will contain a detailed summary of the mediation and the issues involved.
  • Cooperation: the key to fraud detection under Trump government?
    July 2017

    Donald Trump’s recent promises to crack down on prosecuting violent crimes have left critics anticipating a halt on white-collar crime prosecutions. The Department of Justice (DOJ) has indicated it will give a higher priority to tackling violent crimes. This is surprising given the violent crime rates in the US are among the lowest rates seen in decades, according to data from the Federal Bureau of Investigation. Trevor McFadden, a deputy assistant attorney general at the Justice Department, had said that it makes “perfect sense” to devote more resources to the fight against violent crime, and that federal prosecutors are not trying to break records with respect to white-collar crimes. Jessica Lewis and Ceilidh Mulder authored Cooperation: the key to fraud detection under Trump government? in Financier Worldwide.
  • The Dispute Resolution Review - 9th Edition - Canada
    June 21, 2017

    Canada’s system of government is divided into three distinct branches: the judiciary, the legislature and the executive. The legislature (Parliament) has the power to make, alter and repeal laws. The executive branch is responsible for administering and enforcing the laws. The judiciary resolves disputes by applying and interpreting the law. Robert Staley and Jonathan Bell authored the Canadian chapter in The Dispute Resolution Review - 9th Edition