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Gary S.A. Solway

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

Partner

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

William S. Osler KC

Capital Markets, Securities, M&A and Corporate Governance Lawyer at Bennett Jones Calgary

Valeria Palacio

Corporate Commercial Lawyer at Bennett Jones Calgary

Associate

As an update to our previous blog posts, <a rel="noopener noreferrer" href="https://bennettjones.com/Blogs-Section/Greater-Flexibility-for-Reporting-Issuers-Access-Equals-Delivery" target="_blank">Greater Flexibility for Reporting Issuers: Access Equals Delivery</a> and <a rel="noopener noreferrer" href="https://www.bennettjones.com/Blogs-Section/CSA-Seeks-Comments-on-Access-Equals-Delivery-Model-for-Prospectuses-Financial-Statements-and-MDA" target="_blank">CSA Seeks Comments on “Access Equals Delivery” Model for Prospectuses, Financial Statements and MD&A</a>, the Canadian Securities Administrators (CSA) have published for comments a revised access model for certain continuous disclosure documents (CD Documents) of non-investment fund reporting issuers (Proposed Access Model). The Proposed Access Model is subject to a 90-day comment period, ending on February 17, 2025.

CSA Seeks Comments on Proposed Access Model Modernized Approach for Delivery

CSA Seeks Comments on Proposed Access Model: Modernized Approach for Delivery of Continuous Disclosure Documents

Andrew N. Disipio

Securities, Corporate Finance and Mergers & Acquisitions Lawyer at Bennett Jones Toronto

On January 11, 2024, the Canadian Securities Administration published amendments implementing an "Access Equals Delivery" model to generally permit electronic delivery of prospectuses in Canada for non-investment fund reporting issuers, including venture issuers. The AED Model will come into force on April 16, 2024, subject to receiving expected regulatory and ministerial approvals.

Greater Flexibility for Reporting Issuers Access Equals Delivery

Greater Flexibility for Reporting Issuers: Access Equals Delivery

Kristopher R. Hanc

M&A and Capital Markets Lawyer at Bennett Jones Toronto

Adam Weryha

Glass, Lewis & Co and Institutional Shareholder Services have both released updates to their Canadian proxy voting guidelines for the 2023 proxy season, with the most significant changes relating to board diversity, environmental and climate related matters and executive compensation.. Recommendations from proxy advisory firms can have a significant impact on the outcome of business conducted at shareholder meetings—especially if institutional investors comprise a significant portion of the company's shareholder base. Canadian public companies should review the updates with their legal counsel to determine the impact on disclosure and governance practices, and take steps to mitigate any potential adverse voting recommendations.

ISS and Glass Lewis Update 2023 Proxy Voting Guidelines

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.

Trend Watch Determining COMI in US Chapter 15 Proceedings

Trend Watch: Determining COMI in US Chapter 15 Proceedings

Dom Sorbara

Banking & Financial Services Lawyer at Bennett Jones Toronto

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

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer at Bennett Jones Calgary

Brian P. Reid

Litigation, Construction, Joint Venture Agreement and Builder's Lien Lawyer at Bennett Jones Calgary

Aly Parth

Articling Student at Bennett Jones in Calgary 

Articling Student 

The Alberta Court of Appeal&rsquo;s decision in Tempo v. Man-Shield confirms that equitable set-off is a true defence capable of precluding summary judgment in construction disputes. The ruling emphasizes that where claims and cross-claims are inseparably connected, courts must account for both to avoid unjust outcomes. This case provides important guidance for contractors, subcontractors and counsel navigating payment disputes and litigation strategy in the construction sector

Bennett Jones in Lexpert's DealWire Spotlight

From the Same Authors