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Martin Ignasiak KC

Energy & Industrial Projects Lawyer

Head of Energy Regulatory

Michael P. Theroux KC

Commercial Litigation, Arbitration & Energy Litigation Lawyer

Partner 

Brynne Harding

Litigation Lawyer at Bennett Jones Calgary

Partner

The Supreme Court of Canada has resolved one of the most consequential questions left open by Vavilov, and which has divided jurisprudence in lower courts since then&mdash;whether judicial review is constitutionally guaranteed or can be barred by privative clauses.

Big Implications for Appeals from Administrative Tribunals

The Supreme Court Settles the Constitutional Floor for Judicial Review in Democracy Watch v Canada

Ethan Z. Schiff

Class Actions & Commercial Litigation Lawyer

Jenna Vivian

Commercial Litigation Lawyer at Bennett Jones Edmonton

The Supreme Court of Canada&rsquo;s decision in SS&amp;C Technologies Canada Corporation v. Bank of New York Mellon Corporation, 2026 SCC 29, revisits the doctrine of spoliation and confirms that courts must draw an adverse inference when intentional destruction of relevant evidence is established. The decision provides guidance on the test for spoliation, the scope of mandatory adverse inferences and the importance of preserving evidence during litigation.

The Supreme Court of Canada Affirms Mandatory Adverse Inference in Cases of Spoliation

The Supreme Court of Canada Affirms Mandatory Adverse Inference for Spoliation

Dominique T. Hussey

Chief Executive Officer and Intellectual Property Litigator, Pharma/Biotech and Trademark Lawyer

Chief Executive Officer

Vincent M. de Grandpré

IP Lawyer | Life Sciences & Tech

Emily P. Kettel

Intellectual Property Lawyer at Bennett Jones Toronto

Partner, Trademark Agent

In Pharmascience v. Janssen Inc., the Supreme Court of Canada reaffirmed that methods of medical treatment remain unpatentable subject matter under the Patent Act because they are directed to the professional skill and judgment of healthcare practitioners. At the same time, the Court upheld the patentability of the dosing regimen claims at issue, clarifying that not all therapeutic or treatment-related claims constitute unpatentable methods of medical treatment. The decision provides important guidance on assessing patent eligibility for pharmaceutical and life sciences innovations in Canada.

Supreme Court of Canada Reaffirms that  Methods of Medical Treatment are Unpatentable

Supreme Court of Canada Confirms That Medical Professional Skill and Judgment Are Excluded From the Patent Bargain

Vasilis F. L. Pappas, FCIArb

International Arbitration Lawyer

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Geoffrey P. Stenger

Energy, Infrastructure & Construction Lawyer

The Province of British Columbia has launched a six-week consultation on the implementation of the new Construction Prompt Payment Act. Industry stakeholders are invited to provide feedback on the Act's scope, potential exemptions and timing of implementation before the consultation closes on July 7, 2026. This update outlines the government's proposed approach and key issues under consideration.

BC Government Announces it is Soliciting Feedback on Prompt Payment Legislation

Ashley M. White

Corporate & Commercial Transactions Lawyer | Power & Energy

Nathan Murray

Energy Regulatory, Environmental & Administrative Lawyer

Associate

Canada has amended the Physical Activities Regulations to remove certain intraprovincial energy projects and Canada Energy Regulator-regulated facilities from the federal Impact Assessment Act Project List. The changes are intended to reduce regulatory duplication, timelines and costs while providing greater certainty for proponents, while other federal environmental and emissions requirements remain applicable.

Government of Canada Reduces the Scope of the Project List under the Impact Assessment

Government of Canada Reduces the Scope of the Project List under the Impact Assessment Act

Jessica Kennedy

Regulatory Lawyer at Bennett Jones Calgary

Jennifer (Jenn) K. Choi

On July 15, 2026, British Columbia and Simpcw First Nation entered into a consent-based decision-making agreement under the Declaration on the Rights of Indigenous Peoples Act (DRIPA) for the environmental assessment of the Yellowhead Copper Project. The Agreement requires Simpcw consent for the project to proceed and establishes a framework for parallel provincial and Indigenous environmental assessments. Its potential application to future mining projects in Simpcw&rsquo;s traditional territory highlights the evolving role of Indigenous consent in major resource development projects in British Columbia.

BC Signs DRIPA Consent Agreement Requiring Simpcw Consent for Yellowhead Copper Project

BC Signs DRIPA Agreement Requiring Simpcw Consent for Yellowhead Copper Project

Katherine Booth

Litigation Lawyer at Bennett Jones Vancouver

The BC Court of Appeal in Cleaver v. The Cadillac Fairview Corporation Limited upheld the refusal to certify a privacy class action, finding no basis in fact for the claim&rsquo;s central allegation. The decision reinforces the courts&rsquo; gatekeeping role at certification and the importance of evidentiary support for the core allegations underlying a proposed class proceeding.

BC Court of Appeal No basis in fact no class action

BC Court of Appeal: No Basis in Fact = No Class Action 

Michael C. Smith

Litigation Lawyer at Bennett Jones Toronto

George W. H. Reid

International Trade, Investment and Public Procurement Lawyer at Bennett Jones Toronto

The Government of Canada has published a new Notice concerning the rules and procedures governing the administration of the quota for imports of electric vehicles from the People's Republic of China for the second period of Quota Year 1 (September 1, 2026 to February 28, 2027). The Notice, issued by Global Affairs Canada under the Export and Import Permits Act, confirms that the second allocation period will continue to operate similar to the first allocation period.&nbsp;

Notice Concerning the Quota for Imports of Chinese Electric Vehicles

Second Allocation Period Opens September 1, 2026

Edwin G. Kroft KC

Tax Litigation Lawyer at Bennett Jones

Kate Kim

Andrew Young

Tax Lawyer at Bennett Jones Vancouver

Issue 43 of Bennett Jones on Tax Disputes highlights recent developments in Canadian tax litigation and dispute resolution. This edition examines the limits of the Minister's ability to advance alternative assessment arguments, clarifies who may deduct legal costs incurred in tax disputes, and explores the role of price adjustment clauses in estate freeze transactions

Bennett Jones: Canada's Leading Litigation Lawyers

From the Same Authors