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Dom Sorbara

Banking & Financial Services Lawyer at Bennett Jones Toronto

Partner

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

Gary S.A. Solway

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

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

Adam Kalbfleisch

Competition, Foreign Investment Review and Regulatory Lawyer at Bennett Jones Toronto

Zirjan (Zee) J. Derwa

Competition and Foreign Investment Review Lawyer at Bennett Jones Toronto

Canada's new criminal prohibition on wage-fixing and no-poaching agreements will come into force on June 23, 2023. These new provisions under subsection 45(1.1) of the Competition Act (the Act) were enacted last year but did not immediately come into force.
The new laws will prohibit agreements between unaffiliated employers: to fix, maintain, decrease or control wages or other terms of employment; or to refrain from hiring or trying to hire one another’s employees.

Wage Fixing and No Poaching Agreements Illegal on June 23 2023

Wage-Fixing and No-Poaching Agreements Illegal on June 23, 2023

Katelyn Weller

Counsel at Bennett Jones Toronto

Counsel

Last year, the Competition Act was amended to make it a criminal offence for two or more unrelated employers to enter into wage-fixing or no-poaching agreements. <a href="/Insights/Blogs/First-Round-of-Competition-Act-Amendments-Now-in-Force"></a>These new provisions come into force on June 23, 2023, with the aim of allowing employers adequate time to assess and adjust their practices to avoid potential criminal repercussions under these new regulations.

Competition Bureau Seeks Feedback on Enforcement Guidance for Wage Fixing and No Poaching Agreements

Competition Bureau Seeks Feedback on Enforcement Guidance for Wage-Fixing and No-Poaching Agreements

Christine A. Viney

Commercial Litigation Lawyer at Bennett Jones Calgary

Margaret (Meg) Bennett

Commercial Litigation Lawyer at Bennett Jones Toronto

Associate

Kaamil Khalfan

The Supreme Court of Canada&rsquo;s decision in Emond v Trillium Mutual Insurance Co clarifies how insurance policies are interpreted when endorsements enhancing coverage conflict with policy exclusions. The Court confirmed that a guaranteed rebuilding cost endorsement does not extend coverage to costs expressly excluded, highlighting potential gaps for homeowners and the importance of reviewing policies holistically.

Emond Rebuilding Dreams or Interpreting Realities The Supreme Court Weighs In

Emond: Rebuilding Dreams or Interpreting Realities? The Supreme Court Weighs In

William S. Osler KC

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

Mia Bacic

Corporate and Securities Lawyer at Bennett Jones Vancouver

Tinashe Muzah

Articling Student at Bennett Jones in Calgary 

Articling Student

The CSA has finalized amendments and ongoing initiatives to modernize continuous disclosure for investment funds, aimed at streamlining requirements, reducing regulatory burden, and improving investor clarity.

CSA Continues Work to Modernize Continuous Disclosure for Investment Funds

Sarah E. Gilbert

Regulatory, Environmental and Health and Safety Lawyer at Bennett Jones Toronto

Julia E. Schatz

Commercial Litigation, Agribusiness, Arbitration, Real Estate, Construction and Environmental Litigation at Bennett Jones Toronto

Gatlin Smeijers

Environmental Lawyer at Bennett Jones Toronto

On December 31, 2025, the Federal Government published the Prohibition of Certain Toxic Substances Regulations, 2025 under the Canadian Environmental Protection Act, 1999. When they come into effect on June 30, 2026, the 2025 Regulations will repeal and replace the Prohibition of Certain Toxic Substances Regulations, 2012. The Federal Government published a proposed version of the 2025 Regulations in 2022 for public consultation.

Federal Government Publishes Prohibition of Certain Toxic Substances Regulations

Federal Government Publishes Prohibition of Certain Toxic Substances Regulations, 2025

Drew C. Broughton

Corporate Commercial and M&A Lawyer at Bennett Jones Calgary

Audrix Arce

Articling Student 

Recent changes to the Commissioner of Lobbying&rsquo;s interpretation of the federal Lobbying Act significantly lower the threshold for mandatory lobbyist registration. As of January 2026, organizations may be required to register if employees collectively spend as little as eight hours lobbying within a four-week period, including preparation and written communications. This update has important compliance implications for corporations and other organizations engaging with federal public office holders.

Expanded Federal Lobbyist Registration Requirements

Melanie L. Aitken

Global Antitrust and Competition Law and Litigation Advisor at Bennett Jones Washington

Managing Principal, Bennett Jones (US) LLP

Cheryl M. Woodin

Commercial Litigation, Product Liability & Class Actions Lawyer at Bennett Jones Toronto

Emrys Davis

Commercial Litigation, Competition and Class Action Lawyer at Bennett Jones Toronto

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

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

Gary Solway in the Globe and Mail on RBC's Reputational Risk

From the Same Authors