Stay informed on the latest business and legal insights and events.
Special Committees: Frequently Asked Questions
Special committees have evolved as a key corporate governance mechanism to assist boards of directors in discharging their fiduciary duties. Applicable securities laws mandate the use of special committees in connection with certain transactions and recommend the use of special committees for other transactions. Although the special committee mechanism is well known, corporations and directors often have limited exposure to transactions or investigations involving special committees. This guide addresses some of the frequently asked initial questions about special committees, their formation and administration
Arbitration Angle: 2023 Edition
The inaugural edition of Arbitration Angle provides a well-rounded examination of recent arbitration developments, segmenting them into three categories: domestic, international and in practice. A comprehensive source of updates in the field from the past year, the newsletter features diversified perspectives from experience practitioners, offering a solid foundation for safeguarding legal rights in arbitration in the year ahead.
Bennett Jones and the Launch of Mondaq's ESG Comparative Guide
October 07, 2022
The inaugural Mondaq ESG Comparative Guide has been launched. Bennett Jones' Radha Curpen is the contributing editor. She and 10 other Bennett Jones lawyers author the Canadian chapter of the Guide.
Mondaq's ESG Guide initially includes 18 chapters with contributions from pre-eminent lawyers in leading law firms in Canada, U.S., U.K., Germany, Switzerland, Singapore, Hong Kong, Australia, Brazil and more.
ESG Advisory Services Brochure
September 21, 2021
Learn more about Bennett Jones' ESG advisory services and how we can help you define, build, support and sustain your company's ESG performance.
Imagining the Ideal Video-Conferencing Solution
May 25, 2020
Bennett Jones joined this year’s Financial Times Innovative Lawyers programme and Global Legal Hackathon to come up with a specific solution to a challenge that our lawyers were facing since businesses and courts were forced to close.
Canadian Anti-Dumping and Countervailing Duty Measures
November 08, 2019
Goods imported into Canada are generally only subject to assessment of ordinary customs duty and goods and services tax (GST) or harmonized sales tax. However, during the course of any year, certain imported goods face the additional assessment of anti-dumping and/or countervailing duties because they have been found to have caused injury or retardation to a Canadian domestic industry or because they threaten to cause injury by virtue of being dumped or subsidized.
Two Canadian government bodies, the Canada Border Services Agency (CBSA) and the Canadian International Trade Tribunal (CITT), administer the Special Import Measures Act (SIMA) and the Special Import Measures Regulations (SIMR), Canada’s laws that deal with anti-dumping and countervailing duties. The SIMA and the SIMR contain 98 sections and 58 regulations, respectively, of complex legal rules. This book is designed to provide a brief but thorough outline of the principal elements of Canada’s anti-dumping and anti-subsidy legislation, including amendments to the SIMA and the SIMR that came into force in April 2018. However, any person involved in proceedings under the SIMA should seek the guidance of an experienced, Canadian trade lawyer as to the application of the law.
Cannabis IPO Checklist
February 12, 2019
With their access to local and global investors and finance opportunities for companies at all stages, Canada’s world leading cannabis capital markets offer a wealth of opportunity. While Canada has several public listing platforms, Toronto Stock Exchange (TSX) and TSX Venture Exchange (TSXV) are the principal and most well known exchanges.
Mining Initial Public Offering Checklist
February 11, 2019
Canada’s world leading mining capital markets offer a wealth of opportunity, with their access to local and global investors, finance opportunities for companies at all stages, and sophisticated technical know-how. While Canada has several public listing platforms, Toronto Stock Exchange (TSX) and TSX Venture Exchange (TSXV) are the principal and most relevant exchanges for mining companies.
Oil & Gas Exploration & Production Initial Public Offering Checklist
February 08, 2019
Canada’s world leading oil and gas capital markets offer a wealth of opportunity, with their access to local and
global natural resources, finance opportunities for companies at all stages, and sophisticated technical know-how.
While Canada has several public listing platforms, the Toronto Stock Exchange (TSX) and Toronto Stock Exchange
Venture Exchange (TSXV) are the principal and most relevant exchanges for oil and gas exploration and production
Oilfield Services Initial Public Offering Checklist
February 07, 2019
Canada’s world leading oilfield services capital markets offer a wealth of opportunity, with their access to local and global investors, finance opportunities for companies at all stages, and sophisticated technical know-how. While Canada has several public listing platforms, Toronto Stock Exchange (TSX) and TSX Venture Exchange (TSXV) are the principal and most relevant exchanges for oilfield services companies.
Renewable Energy & Clean Technology Initial Public Offering Checklist
February 06, 2019
Canada’s world leading renewable energy and clean technology capital markets offer a wealth of opportunity, with their access to local and global investors, finance opportunities for companies at all stages, and sophisticated technical know-how. While Canada has several public listing platforms, Toronto Stock Exchange (TSX) and TSX Venture Exchange (TSXV) are the principal and most relevant exchanges for renewable energy & clean technology companies.
Looking Forward: Class Actions in 2019
January 31, 2019
For the last six years, the Bennett Jones Class Actions Practice Group has published an annual year-in-review: our attempt to recap some highlights in class action litigation over the last year and make some soft predictions about where the practice and the law are headed in the coming year. Though class actions have been a mainstay in Ontario for almost 30 years, the practice is still developing and maturing, with new issues arising every day and new law from our appellate courts and the Supreme Court of Canada on some fundamental issues.
In this year’s edition, we start with a look at competition and antitrust class actions, an area that will surely be upended when the Supreme Court of Canada releases its decision in Godfrey v Toshiba Corporation. Then, we turn to the intersection between arbitration clauses and class actions, an issue that has been the subject of two appeals this year alone. Next we survey privacy law class actions—the Starwood database security incident is but the latest example of companies and governments grappling with class actions following privacy breaches. From a more ground-up level, we discuss the evidentiary standard in product liability class actions—despite being described as “quintessential” class actions, our courts still grapple with whether to certify these cases.
Canadian Safeguard Measures
October 04, 2018
Safeguards are exceptional measures intended to temporarily assist domestic producers that have suffered, or are threatened by serious injury from increased imports of specific goods. Unlike anti-dumping or anti-subsidy investigations, these subject goods may be fairly traded but nonetheless cause injury.
In Canada, safeguards can take the form of: (i) an import surtax under Division 4 of the Canadian Customs Tariff, or (ii) a restriction on import volumes, such as an import quota or tariff-rate quota, under the Export and Import Permits Act. The Governor-in-Council (i.e., federal Cabinet) has the authority to impose safeguards:
i. on a provisional basis and only in the form of a surtax, after a report by the minister of finance, in “critical circumstances” for up to 200 days, or
ii. following an inquiry by the Canadian International Trade Tribunal (“CITT”).
Safeguard inquiries by the CITT are governed by a set of complex legal rules and procedures set out in the CITT Act, CITT Regulations and the CITT Rules. This booklet provides a brief but thorough outline of the principal elements of Canada’s safeguards legislation. However, any person involved in a safeguard proceeding should seek the guidance of an experienced, Canadian trade lawyer regarding the application of the law and strategic options that optimize commercial outcomes.
Due North: U.S. Private Equity Sets Sights on Canada
September 19, 2018
To outsiders, private equity in Canada is often associated with the country’s pension funds, and for good reason—they play an outsized role as investors on the world stage. But the country is also known as an attractive destination for PE investment from abroad, especially from the United States. The total disclosed value of PE deals in Canada last year was the highest in a decade at US$14.1bn, according to Mergermarket data. That figure is on pace to rise further in 2018.
Looking Forward: Canadian Class Actions in 2018
November 23, 2017
The past year saw another flurry of Canadian class action activity. Courts across the country rendered significant decisions that should give companies doing business in Canada cause for both concern and optimism. While the risk of facing a Canadian class action expands, new tools are emerging to deal with claims and limit exposure. The need for comprehensive yet practical strategies to avoid and defend complex Canadian class actions has never been greater.
Public Mergers and Acquisitions in Canada
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.
Privilege provides special protection that exempts
certain documents and other forms of communication from having to be disclosed
in legal proceedings. Its protection is powerful, but it can be easily lost if
the privileged information is handled incorrectly. This guide has been created
to provide basic information about privilege in Canadian law and suggest ways
to protect it. Our lawyers are happy to provide you with legal advice
particular to your circumstances.
Alberta's Limitation Laws
October 31, 2016
This booklet is intended as a basic guide for
persons who will be affected by the Alberta Limitations Act. This
guide should not be regarded as a substitute for specific legal advice. Persons
who require legal advice should consult with legal counsel. A copy of the Act
is included for your convenience.
Host Liability, 10th Edition
June 13, 2016
This booklet is intended as a basic guide to host liability, which is the
potential for personal and corporate liability for injuries sustained
by employees, clients and other persons as a result of alcohol
intoxication. This guide should not be regarded as a substitute for
specific legal advice and persons requiring such advice should
consult legal counsel. The lawyers at Bennett Jones LLP would be
pleased to provide such advice.
Looking Forward: Canadian Class Actions in 2016
February 21, 2016
The last few years have been active for class actions in Canada, and the activity did not slow down in 2015.This past year, Bennett Jones was involved with some of the most important class actions in the country. Our active and growing class actions practice group continued to earn its 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. What follows is our discussion and analysis of trends in Canadian class actions in 2015 and likely developments we anticipate seeing in 2016.