ArticleTips To Set Your Business Up For Successful IP Litigation It is therefore important for a business to be prepared to advance claims against infringers instantly.CanadaIntellectual PropertyBennett Jones LLP
ArticleCanada Announces 30-Day Consultation On Measures To Address China's Trade Practices Related To Electric VehiclesOn July 2, 2024, Canada will initiate a 30-day consultation period on potential policy responses to China's rapid rise as the world's largest manufacturer of electric vehicles (EVs).CanadaInternational LawBennett Jones LLP
ArticleFrito-Lay: CITT Lays Down The LawThe Canadian International Trade Tribunal decision in Frito-Lay v. President of the CBSA, AP-2010-002, reasons January 8, 2013, teaches Canadian importers and the CBSA a number of important lessons.CanadaInternational LawBennett Jones LLP
ArticleBC Court Of Appeal Confirms That The Duty Of Honest Performance Does Not Extend To Pre-Contractual DishonestyIn Ocean Pacific Hotels Ltd. v Lee, 2025 BCCA 57, the Court of Appeal for British Columbia confirmed that the duty of honest performance in contract does not extend to pre-contractual negotiations.CanadaLaw Department PerformanceBennett Jones LLP
Article5 Business Cases To Watch In The Supreme Court's Winter SessionWith the beginning of the Supreme Court of Canada's Winter Session on January 8, the Supreme Court of Canada entered a new era following the retirement of former Chief Justice Beverly McLachlin ...CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticleAlberta Court Of Appeal Provides Antidote To Consternation On Scope Of Arbitration ClausesThe Alberta Court of Appeal in Arsopi v ARVOS GmbH provided welcome relief from the consternation caused by Orica Canada Inc v ARVOS GmbH [Orica], a 2024 Alberta Court of King's Bench...CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticleBe Sure To Mind Your Manners In Estate LitigationMiss Manners may just be worth listening to for those involved in wills and estate litigation. In fact, not doing so may be to your detriment given that poor conduct can cost you with the courts. CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticleClass Action Costs Orders Aim To Provide Greater Access To JusticeLast month, Justice Belobaba released five costs decisions with a strong message for the class action bar: access to justice is becoming too expensive and the excesses of counsel are at least partly to blame (Rosen v BMO Nesbitt Burns Inc., 2013 ONSC 6356; Crisante v DePuy Orthopaedics, 2013 ONSC 6351; Dugal v Manulife Financial, 2013 ONSC 6354; Brown v Canada (Attorney General), 2013 ONSC 6887; and Sankar v Bell Mobility Inc., 2013 ONSC 6886). CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticleClass Actions: Looking Forward 2026The past year has continued to be an active one for class proceedings in Canada. More than 250 actions have been filed in courts across the country since the beginning of 2025.CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticleCourt Of Appeal Upholds Limit On "Pay First, Dispute Later" PrincipleIn a recent decision in Talisman Energy Inc v Questerre Energy Corporation, the Alberta Court of Appeal upheld the decision of the Court of Queen's Bench, to place limits on the "pay now, dispute later" structure ... CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticleCourt Orders Videoconference Questioning For Discovery And Provides Guidance For The Use Of Technology In Litigation ProceedingsConducting questioning for discovery remotely by videoconference is a stable, predictable, safe, and efficient procedure during the COVID-19 pandemic and beyond.CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticleHow To Protect Commercial Interests In British Columbia Through Pre-Trial Injunctions: The Confusion ContinuesCourts in British Columbia continue to struggle with when a pre-trial injunction should be issued to protect commercial interests.CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticleLeave To The Supreme Court Denied: Latest On Pre-Certification Stays In Multijurisdictional Class ActionsWe previously discussed the Alberta Court of Appeal's decision in Ravvin v Canada Bread Company, Limited, 2020 ABCA 424...CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticleOntario Court Of Appeal Holds That A Claim Is Limitations-Barred For An Entire ClassIn Fehr v Sun Life Assurance Company of Canada, 2024 ONCA 847 (Fehr), the Ontario Court of Appeal dismissed the representative plaintiffs' appeal seeking post-certification...CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticleOntario Superior Court States Clear Rule On Pre-Certification Production Of Medical Records In Class ActionsOn March 20, 2015, Justice Belobaba released his reasons in Dine v Biomet, a motion concerning the production of medical records prior to a certification motion.CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticlePre-Certification Stays In Multijurisdictional Class Actions: Ravvin V Canada Bread Company, LimitedIn the wake of COVID-19, which has strained already limited judicial resources, the Alberta Court of Appeal has issued a decision addressing the need for judicial economy.CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticleRelief As Private Right Of Action Suspended Under Canada's Anti-Spam Law (CASL)By way of an Order in Council dated June 2, 2017, the government of Canada has indefinitely delayed the coming into force of the private right of action under Canada's Anti-Spam Law (CASL).CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticleSuperior Court Of Quebec Warns Of The Risks Of Making Settlement Approval Contingent On Approval Of Class Counsel FeesIn Walid c. Compagnie Nationale Royal Air Maroc, 2024 QCCS 2674, the Superior Court of Quebec refused to approve a settlement agreement because Class Counsel's fees were unreasonable and excessive...CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticleSupreme Court Enforces Arbitration Clauses For Business Customers In Consumer Class ActionBusiness customers that agreed to arbitrate disputes cannot "piggyback" their claims onto a consumer class action in court, the Supreme Court of Canada has ruled.CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticleSupreme Court Grants Enhanced Access To Justice For Victims Of CyberbulliesOn September 27, 2012, the Supreme Court of Canada released its decision in AB v Bragg Communications Inc., an important constitutional case at the intersection of defamation law and children's rights. CanadaLitigation, Mediation & ArbitrationBennett Jones LLP