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Katherine J. Fisher

Health Lawyer at Bennett Jones Edmonton

Partner

Natasha O.Q. Laffin

Litigation Lawyer at Bennett Jones Edmonton

Associate

In an eight to one split decision, the Supreme Court of Canada has rendered its long-anticipated judgment regarding delay in administrative proceedings in <a href="https://canlii.ca/t/jqbs7">Law Society of Saskatchewan v Abrametz</a>. In its decision, the SCC concluded that, unlike in criminal proceedings, delay alone will not constitute an abuse of process warranting a stay in administrative proceedings.

The Supreme Court of Canada Renders its Decision in Abrametz

Delay, without More, will not Warrant a Stay in Administrative Proceedings

As we await the Supreme Court of Canada's (SCC) anticipated decision in the appeal of Abrametz v Law Society of Saskatchewan, 2020 SKCA 81, leave to appeal to SCC granted, No 39340, it is opportune to review the current state of the law regarding delay amounting to an abuse of process in administrative proceedings, and to highlight why the SCC may be inclined to update such law.

Abuse of Process in Administrative Proceedings May Cause a Shift in the Law

Cara B. Bally

Commercial Litigation Lawyer at Bennett Jones Calgary

Joan Bilsland

Knowledge Management Research Lawyer at Bennett Jones

Knowledge Management Research Lawyer

Scott H. D. Bower KC

Corporate, Commercial, Securities and Energy Lawyer at Bennett Jones Calgary

Partner 

Bennett Jones is nominated in the following four categories in the 2021 Chambers Law Awards: Healthcare Law Firm of the Year, Real Estate Law Firm of the Year, Corporate Lawyer of the Year, Real Estate Lawyer of the Year.

Bennett Jones Nominated in 2021 Chambers Law Awards

Katherine Fisher co-presented a webinar on "Safeguarding Canada’s Workforce During a Pandemic" for the C.D. Howe Institute. In the wake of COVID-19, Canadian businesses and organizations face challenges protecting their employees. In addition to keeping workers safe and healthy, leaders must maintain morale, oversee remote working situations, and – for many – consider potential layoffs. Join the C.D. Howe Institute on Thursday, April 30 to hear an expert panel discuss the legal implications around a quarantined workforce, maintaining morale and productivity, and navigating the eventual return to physical workplaces in a way that minimizes the risk of a second COVID-19 wave. 

Katherine  Fisher on Safeguarding Canadas Workforce During a Pandemic

Katherine Fisher on Safeguarding Canada's Workforce During a Pandemic

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

Across the Atlantic, the European Union (EU) and its member states have also been encouraging climate-resilient agri-tech innovation, but their approach to intellectual property incentives has been a bit different. The European Union has set ambitious climate goals (like achieving climate neutrality by 2050) and launched the European Green Deal, a broad policy agenda to support sustainable technologies. While funding and regulations (such as support for sustainable farming practices) are big parts of the EU strategy, there is also recognition that IP rights play an important role in fostering innovation. However, unlike Canada or the recent US pilot program, Europe has not implemented a unified “green channel” for patent examination at the European Patent Office.

Fast Tracks and Green Gaps Part III

Fast Tracks and Green Gaps Part III: Green Without the Label: Europe's Pragmatic IP Approach to Agri-Tech Innovation

Steven L. Major KC

Commercial Dispute, Construction, Fraud, Police and Personal Injury Lawyer at Bennett Jones Calgary

Drew C. Broughton

Corporate Commercial and M&A Lawyer at Bennett Jones Calgary

Kevin Myson

Corporate, Commercial Transaction, Energy, Natural Resource and M&A Lawyer at Bennett Jones Calgary

Canada is navigating a "wild frontier" in the energy industry, with a unique opportunity to forge successful and sustainable partnerships both domestically and internationally. This was the rallying call at the Energy Business Forum during the 74th Canadian Energy Executive Association (CEEA) conference in Banff, Alberta, where industry leaders gathered to share visions for the future of Canada's energy landscape.

Key Takeaways From the Wild Frontier Energy Business Forum CEEA 74

Key Takeaways From the "Wild Frontier" Energy Business Forum at CEEA '74

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Jennifer (Jenn) K. Choi

Maruska Giacchetto

This article examines the Ontario Court of Appeal's decision in J.P. Thomson Architects Ltd. v Greater Essex County District School Board, 2025 ONCA 378, which provides critical clarification on the interpretation of multi-step dispute resolution (MSDR) clauses. MSDR clauses, commonly used in commercial contracts, outline escalating steps such as negotiation, mediation, and arbitration to resolve disputes. The Court addressed ambiguities in the drafting of MSDR timelines, emphasizing that specified timeframes should be interpreted as minimum waiting periods rather than strict deadlines. The decision overturned a lower court ruling that barred a party from arbitration due to a perceived failure to meet a 30-day mediation request deadline. This article highlights the importance of precise drafting in MSDR clauses, discusses the implications of the Court's decision, and provides practical guidance for parties drafting or negotiating dispute resolution provisions in commercial agreements.

Do you need to rush to mediate - Ontario Court of Appeal

Do You Need to Rush to Mediate? Ontario Court of Appeal Clarifies Interpretation of Multi-Step Dispute Resolution Clause

The United States has long been a major player in both agri-tech innovation and the intellectual property (IP) landscape. In the past, the United States Patent and Trademark Office (USPTO) offered its own version of a green patent fast-track to encourage climate-friendly inventions. Notably, in 2009 to 2011 the USPTO ran a Green Technology Pilot Program that prioritized examination for certain eco-friendly patents. The pilot ended in 2012, but more recently the USPTO brought back the idea in June 2022, with the Climate Change Mitigation Pilot Program, which was essentially an accelerated examination program for patent applications directed to fight climate change. Under this program, inventions designed to reduce or monitor greenhouse gas emissions, including many clean energy, sustainability or climate-smart agriculture innovations, could be examined out of turn. Importantly, like Canada’s program, the US pilot did not charge the usual petition fee for expediting. The goal was to spur green tech by making it faster and cheaper to secure IP rights.

Fast Tracks and Green Gaps Part II

Fast Tracks and Green Gaps Part II: Innovation Interrupted: What the End of the USPTO's Green Program Means for Agri-Tech

Climate change is driving a surge in agricultural technology (agri-tech) innovations aimed at making farming more resilient and sustainable. From drought-resistant crops to carbon-capturing soil techniques, these climate-focused agri-tech solutions are crucial for global food security. An often-overlooked piece of this puzzle is intellectual property (IP) strategy, namely how patents and other IP rights are used to protect and incentivize innovation.

Fast Tracks and Green Gaps Part I

Fast Tracks and Green Gaps Part I: Planting the Future: Why Canada's IP System May Be the Climate Innovation Sleeper Hit