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Melanie L. Aitken

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

Managing Principal, Bennett Jones (US) LLP

Adam Kalbfleisch

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

Partner

Emrys Davis

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

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 at Bennett Jones Toronto

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 at Bennett Jones Toronto

Chief Executive Officer

Patrick T. Maguire KC

Leading Canadian and International Energy and Commercial Transaction Lawyer at Bennett Jones Calgary

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, <a href="/People/Y/Yung-Michelle" target="_self">Michelle Yung</a> 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

On April 26, 2022, the government of Canada revealed significant proposed amendments to the Competition Act as part of the Budget Implementation Act, 2022, No. 1. As expected, these amendments have now come into force with the BIA receiving Royal Assent on June 23, 2022. The changes constitute the first step in the federal government's plan for comprehensive reform to the Act, characterized by the government as an initiative to improve the effectiveness of the Act, and better protect Canadian consumers and the integrity of the marketplace.

First Round of Competition Act Amendments Now in Force

Drew C. Broughton

Corporate Commercial and M&A Lawyer at Bennett Jones Calgary

Jie (Kevin) Zhou

M&A, Private Equity and Corporate Lawyer at Bennett Jones Calgary

Jesse Fontaine

Commercial Transactions Lawyer at Bennett Jones Edmonton

Associate

The Ontario Court of Appeal confirmed that earn-out acceleration clauses are to be interpreted contextually, with materiality turning on a transaction&rsquo;s impact on the earn-out regime rather than its size or value. The decision reinforces the exceptional nature of earn-out acceleration remedies and the importance of precise drafting in share purchase agreements.

ONCA Affirms Denial of Claim for Earn Out Acceleration

ONCA Affirms Denial of Claim for Earn-Out Acceleration

J. Sébastien A. Gittens

Intellectual Property and Technology Commercialization Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Ahmed Elmallah

Intellectual Property Lawyer at Bennett Jones Edmonton

Counsel, Patent Agent, Trademark Agent

Shadow AI is increasingly present in workplaces as employees adopt unauthorized AI tools to improve efficiency, often without organizational oversight. While these tools may offer short-term productivity gains, they create significant compliance, governance, privacy and liability risks. This post examines the drivers of shadow AI, the risks it poses and practical strategies organizations can implement to manage and mitigate those risks.

Hiding in the Shadows The Perils of Shadow AI on Your Organization

Hiding in the Shadows: The Perils of Shadow AI on Your Organization  

Denise D. Bright

Public and Private Company Financial Transactions and Securities Lawyer at Bennett Jones Calgary

Partner 

Keely Cameron

Litigation Lawyer at Bennett Jones Calgary

Chyna Brown

Commercial Litigation Lawyer at Bennett Jones Calgary 

In Royal Bank of Canada v Patterson Dental Canada Inc, the Alberta Court of Appeal clarified how PPSA priority rules apply where assets used in a corporate business are personally owned by a director. The Court confirmed that ownership and registration against the correct debtor are decisive in priority disputes, and provided guidance on the treatment of leases and the proper distribution of holdbacks in insolvency sales.

Alberta Court of Appeal Clarifies PPSA Priorities in Insolvency Sales

Michael A. Eizenga L.S.M.

Leading Canadian Class Action Litigator at Bennett Jones Toronto

Pascale Dionne-Bourassa

Civil and Commercial Litigator, Construction Law Lawyer at Bennett Jones (Québec) LLP

Montréal Managing Partner

Katherine Booth

Litigation Lawyer at Bennett Jones Vancouver

Bennett Jones partners <a href="/People/E/Eizenga-Michael">Michael Eizenga</a>, <a href="/People/D/Dionne-Bourassa-Pascale">Pascale Dionne-Bourassa</a>&nbsp;and <a href="/People/B/Booth-Katherine">Katherine Booth</a>&nbsp;have co-authored The Canadian Class Actions Handbook, published by LexisNexis. Building on The Class Actions Handbook released in 2022, this new edition brings together the core principles of class proceedings law and provides essential coverage of recent developments across Ontario, Quebec, British Columbia and the Federal Court.

The Canadian Class Actions Handbook

Nina Butz

Litigation Lawyer at Bennett Jones Toronto

In RateMDs Inc. v. Bleuler, 2025 BCCA 329, the BC Court of Appeal overturned certification of a proposed privacy class action, finding that the plaintiff's novel claims that use of health professionals' names violated their privacy and amounted to commercial exploitation under provincial privacy statutes were bound to fail.

BC Court of Appeal dismisses proposed privacy class action

BC Court of Appeal Dismisses Proposed Privacy Class Action; Finds Use of Professionals' Names Was Not Commercial Exploitation 

Melanie Aitken's Return to Bennett Jones in the Global Competition Review

From the Same Authors