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Melanie L. Aitken

Antitrust & Competition Law Advisor

Managing Principal, Bennett Jones (US) LLP

Cheryl M. Woodin

Commercial Litigation & Trial Lawyer

Partner

Emrys Davis

 Partner and Class Actions National Practice Group Leader

In Martin v. Alphabet, the Competition Tribunal issued its first decision interpreting the new public-interest pathway for private access under section 103.1(7) of the Competition Act. While affirming an intention to broaden access, the Tribunal articulated a flexible but rigorous three-part framework that places real weight on evidence, genuine interest and the applicant&rsquo;s capacity to prosecute complex competition cases. The decision underscores that public interest alone is insufficient without a coherent, Canada-focused evidentiary record and a credible litigation plan.

Martin v Alphabet Tribunal Sets

Martin v. Alphabet: Tribunal Sets the Public Interest Leave Framework—Evidence and Capacity Now the Gatekeepers

Adam Kalbfleisch

Competition & Regulatory Lawyer | Foreign Investment

In our previous Bennett Jones insight, we discussed several amendments to the Competition Act introduced by the Government of Canada in 2023, with the most recent set coming into force on June 20, 2024. These amendments, which follow earlier changes from June 2022 and December 2023, significantly revamp the merger review provisions and expand deceptive marketing practices. The Finance Committee's rushed review and the Commissioner of Competition's submissions influenced these changes, resulting in new market share presumptions and higher requirements for remedial orders.

Revamped Competition Act Radically Alters Canadian Competition Law

Zirjan (Zee) J. Derwa

Competition and Foreign Investment Review Lawyer

Following several years of lively public discussion, two high-profile consultations and the introduction of several “interim amendments” to the Competition Act in 2022, the federal government has now tabled two new bills (<a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.parl.ca/legisinfo/en/bill/44-1/c-56" target="_blank">Bill C-56</a> and <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.parl.ca/legisinfo/en/bill/44-1/c-59" target="_blank">Bill C-59</a>), which together, would introduce the most significant reforms to Canadian competition policy in several decades.

Federal Government to Significantly Overhaul the Competition Act

Dominique T. Hussey

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

Chief Executive Officer

Patrick T. Maguire KC

Energy & Project Development Lawyer | Oil, Gas & Power

Vice Chair and Partner

To mark this year's International Women's Day, we are proud to present a candid leadership conversation on the challenges women face in the legal field. Our five office managing partners—<a href="/People/A/Aitken-Melanie" target="_self">Melanie Aitken</a>, Radha Curpen, <a href="/People/H/Hussey-Dominique" target="_self">Dominique Hussey</a>, <a href="/People/M/Maguire-Patrick" target="_self">Pat Maguire</a> and <a href="/People/S/Stratton-Barbara" target="_self">Barbara Stratton</a>—are joined by moderator and Bennett Jones partner, Michelle Yung as they share perspectives from their lived experiences. This discussion highlights the importance of acting purposely to create an workplace where women can thrive.

IWD 2023 Workplaces Where Women Thrive

IWD 2023: Workplaces Where Women Thrive

Ethan Z. Schiff

Class Actions & Commercial Litigation Lawyer

Bobbie Alvernaz

Associate

The Ontario Court of Appeal upheld the denial of certification in a proposed class action alleging childhood sexual abuse within Canadian Jehovah&rsquo;s Witness congregations. The Court found insufficient commonality among the proposed class members&rsquo; claims, which involved different perpetrators, congregations and circumstances, and agreed that individual or joinder actions would be the preferable procedure. The decision also distinguishes Gutierrez from other institutional abuse class actions where defendants had a more direct and common relationship with the alleged abuse.

Ontario Court of Appeal Refuses to Certify Institutional Abuse

Ontario Court of Appeal Refuses to Certify Institutional Abuse Class Action With No Common Perpetrator, Activity or Location 

Larissa D. Lees

Regulatory Lawyer at Bennett Jones Calgary

Jessica Kennedy

Bennett Jones attended the Data Centre West 2026 Conference in Calgary earlier this month, hosted by the Western Canada Data Centre Alliance, and engaged with representatives from industry, government and regulatory agencies on the issues facing Alberta's rapidly growing digital infrastructure sector. This year, discussions spanned the hyperscale and AI demand outlook, power procurement and grid access challenges, Alberta's regulatory framework, supply chain constraints and labour availability, and sustainability and community engagement, reflecting a sector that has moved well beyond early-stage interest and into active development and investment.

Albertas Digital Infrastructure Moment Has Arrived

Data Centre West 2026: Alberta's Digital Infrastructure Moment Has Arrived

Greg M. Johnson

Energy Tax & Corporate Lawyer | M&A, Reorganizations & PE

Jared A. Mackey

Corporate Tax Lawyer at Bennett Jones Calgary

Brendan Sigalet

Tax Lawyer at Bennett Jones Calgary

On September 15, 2026, the Canadian federal government announced the "Productivity Mega Deduction" at the first Canada Investment Summit, an incentive that will provide for immediate expensing for the majority of depreciable property, as well as Canadian development expenses, on a permanent basis. The Government of Canada stated that the purpose of the Productivity Mega Deduction is to boost business investment, enhance certainty and simplicity for businesses, and strengthen Canada's tax competitiveness.

Canada Proposes New Productivity Mega Deduction to Spur Investment

From Super to Mega: Canada Proposes New "Productivity Mega Deduction" to Spur Investment

J. Sébastien A. Gittens

Technology Lawyer & Trademark Agent

Tech & Data, National Practice Group Leader 

Suzie Suliman

Commercial Transactions Lawyer at Bennett Jones Toronto

Associate, Trademark Agent

Kees de Ridder

Technology, IP & Privacy Lawyer | Patents, Licensing & Cyber

Partner, Patent Agent, Trademark Agent

The Office of the Privacy Commissioner of Canada has released draft guidance outlining best practices for organizations to assess the privacy practices of third-party service providers under PIPEDA. The guidance emphasizes that privacy due diligence is an ongoing accountability obligation, with particular attention to data flows, AI and training data, security, subcontractors, international transfers and data retention.

OPC Issues New PIPEDA Guidance on Assessing Third-Party Service Providers

Ashley M. White

Corporate & Commercial Transactions Lawyer | Power & Energy

Martin Ignasiak KC

Energy & Industrial Projects Lawyer

Head of Energy Regulatory

Nathan Murray

Energy Regulatory, Environmental & Administrative Lawyer

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

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Melanie Aitken in Law Times on Competition Law and Cross-Border Deals

From the Same Authors