Bennett Jones LLP

BC Supreme Court to Consider Cumulative Impacts of Resource Development on Treaty Rights

On March 3, 2015, Blueberry River First Nation (“BRFN”) sued the Province of BC seeking to break new ground by considering the cumulative impacts of resource development on BRFN’s traditional territory and treaty rights. Members…more
| Civil Procedure, Energy & Utilities, Environmental Law, Zoning, Planning & Land Use, Indigenous Peoples

Inconsistent Administrative Tribunal Decisions: The Alberta Court of Appeal Weighs In

Conflicting interpretations of the same statute by an administrative tribunal are unlikely to be reasonable, let alone correct, the Alberta Court of Appeal recently held in Altus Group Limited v Calgary (City), 2015 ABCA 86…more
| Administrative Law, Civil Procedure

CRTC Issues $48,000 Fine for Technical Violation of CASL

Following up on its recent $1.1MM CASL enforcement action against Quebec executive training firm Compu-Finder, the CRTC announced today that it has entered into an undertaking with online dating service operator Plenty of Fish…more
| Administrative Law, Communications & Media Law, Consumer Protection

Trans Mountain Pipeline Project Hits the Courts

The Trans Mountain Expansion Project, which involves the proposed twinning of the existing Edmonton-Burnaby pipeline and the expansion of a marine terminal, was the subject of a number of court decisions last year involving the…more
| Civil Procedure, Civil Remedies, Energy & Utilities, Zoning, Planning & Land Use, Business Torts

Ontario Judges May Sit on National Class Actions Outside Ontario

The Ontario Court of Appeal, in a split decision, has held that a judge of Ontario’s Superior Court of Justice, acting as a supervisory judge under a national class action settlement agreement, can participate in a joint hearing…more
| Civil Procedure, Civil Remedies

The Supreme Court of Canada Clarifies Test for Constructive Dismissal

If an employer puts a non-unionized employee on an indefinite administrative suspension with full pay but without explaining why, can this amount to a constructive dismissal? Yes, according to the Supreme Court of Canada in its…more
| Civil Procedure, Labor & Employment Law

Newco Tank – Cautionary Note on Over-reliance on Headings by Patent Drafters

The Federal Court of Appeal upheld the dismissal of an appeal from a Re-examination Board which had considered Canadian Patent 2,421,384 and had determined that claims 12-14 were cancelled because they were obvious in light of…more
| Intellectual Property

United States Patent and Trademark Office Final Patent Term Adjustment Rules

On January 9, 2015, the United States Patent and Trademark Office (USPTO) published its final rules implementing changes to patent term adjustment (PTA), in view of the United States Court of Appeals for the Federal Circuit…more
| Civil Procedure, Intellectual Property

A Change of Pace for Product Liability Class Actions: Certification Denied in Two Recent Cases

Oft-referred to as “quintessential class actions”, the majority of product liability actions that have sought certification as class proceedings in the last 10 years have been granted certification. However, two recent decisions…more
| Civil Procedure, Health, Products Liability, Science, Computers, & Technology

Sharing-economy Business Models Challenged – Uber and Lyft

O’Connor et al v Uber Technologies Inc, US District Court, Northern District of California, 11 March 2015 C-13-3826 EMC, Judge Edward M. Chen...Cotter et al v Lyft, Inc., US District Court, Northern District of California, 11…more
| Business Organizations, Civil Procedure, Labor & Employment Law

Transfer Pricing Customs Duty Refund Applications – Let’s Do it Right

The Canada Border Services Agency (CBSA) has informed the Canadian importing community that importers may be entitled to obtain customs duty refunds in connection with downward transfer pricing adjustments having the effect of…more
| International Law & Trade

Use of Competitor's Trademarks in Metatags does not Constitute Infringement

A recent decision of the Federal Court of Canada has addressed issues that have received little judicial consideration in Canada, specifically whether use of a competitor's registered trademark in metatags constitutes…more
| Communications & Media Law, Intellectual Property

IIROC Releases Final Guidance for Underwriting Due Diligence in Public Offerings

On December 18, 2014, the Investment Industry Regulatory Organization of Canada (IIROC) published, with immediate effect, Rules Notices 14-0299 and 14-0300 in connection with the release of final guidance (Final Guidance) with…more
| Commercial Law & Contracts, Finance & Banking, Securities Law

CRTC Issues a $1.1 Million Penalty Under Canada’s New Anti-Spam Legislation

On March 5, 2015, the Canadian Radio-television and Telecommunications Commission (CRTC) announced that it had issued a penalty of $1.1 million to Compu-Finder under Canada’s Anti-Spam Legislation (CASL)…more
| Administrative Law, Communications & Media Law, Consumer Protection, Privacy

Looking Forward: Canadian Class Actions in 2015

Looking Forward - Developments in the courts continue to make class actions an attractive option for plaintiffs. The sphere of risk for companies operating in Canada is expanding. It is thus no surprise that activity in…more
| Antitrust & Trade Regulation, Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Securities Law
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4500 Bankers Hall East 855 2nd Street SW
Calgary, Alberta T2P 4K7 , Canada

Contact: Jon Holden, Director, Marketing Communications & Social Media

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Areas of Practice
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Other U.S. Locations
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Other Countries
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Number of Attorneys

100+ Attorneys

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