Bennett Jones is consistently recognized for its expertise in domestic and cross-border litigation. The firm is known for its uncompromising strength in the areas of competition and antitrust, securities, class actions, energy, commercial, intellectual property, fraud, construction, restructuring/insolvency, employment, health, and professional negligence litigation and has prominent practitioners in alternate dispute resolution, including international commercial arbitration. We are committed to working with our clients to develop an effective and cost-efficient strategy to identify and achieve their unique goals in the prosecution and defense of business disputes.
With more than 100 lawyers practicing commercial litigation nationally, Bennett Jones litigators have significant experience in all aspects of dispute resolution, and have leading reputations before courts and tribunals. We represent some of Canada's largest corporations, including energy producers, and technology and telecommunications companies, and are skilled in conducting commercial arbitrations, including those involving issues in the oil and gas, mining and construction industries. Our litigation practice is supported by the considerable strength of our appellate advocacy and judicial review practice which provides clients and referring counsel with specialized and strategic advice on all aspects of cases on appeal or under judicial review.
We are frequently retained by major domestic and international corporations in the defense of class actions. Representing parties at every stage of the lawsuit, from pre-certification motions and applications through to trial, we bring to each phase coordinated strategies and effective communications to streamline the litigation process. We also advise clients on mitigating their class action risk and proactively monitor trends in prospective class action developments.
Recognizing that many disputes are settled prior to trial, our commercial and technical expertise provides another valuable set of skills to the negotiation and settlement of litigation. Our team approach ensures that we provide the most timely, effective and innovative support to our clients. Our lawyers' reputations, contributions to Canadian case law, and distinguished history of service have resulted in top rankings in all major legal directories for many of our litigators, in a multitude of litigation practice areas.
Bennett Jones reflects the integrity and professional excellence of the firm’s Founding Partners. Over the years, the firm has produced some of Canada’s most accomplished legal and business leaders, fostering values that established it as one of Canada’s most successful business law firms. The firm prides itself on offering clients innovative, strategic and forward-thinking approaches to legal and regulatory challenges and opportunities. Mutual respect and independent thought are cornerstones of client and colleague interactions. Bennett Jones is proud to have been recognized for 20 consecutive years as one of Canada’s Best Employers.
Updated March 2022
Lawson Lundell’s Litigation Group has a focus on commercial litigation and a number of associated specialty areas all supported by the largest dedicated research team in Vancouver. We exclusively assist business clients and maintain a clear objective of achieving the best outcome for our clients either by agreement or through the courts. Our offices are in Vancouver, Calgary, Yellowknife and Kelowna.
Our group is distinguished with rankings from Chambers Global, Chambers Canada, Canadian Legal Lexpert Directory and Best Lawyers in Canada. Our team has represented clients at all levels of Court in Canada and before most regulatory tribunals, has appeared before a wide range of administrative panels and in national and international arbitrations. Details concerning key practice areas are set out below.
Commercial Litigation – We have extensive experience with all kinds of commercial disputes, including banking, competition and anti-trust, forestry, mining, oil and gas and other natural resources disputes, franchising, transportation and shipping. We have particular expertise acting for major industrial manufacturers, such as leading engineering, mining, energy and forest products companies, including with respect to liability for products and services.
Corporate and Securities − We act for a wide variety of securities market participants in take-over bid litigation, shareholders rights claims, fiduciary duty and other disputes and securities commission investigations. We regularly represent clients in the following areas: dealer-client litigation, takeover bids, poison pills and related litigation, investigations and enforcement, corporate governance, and oppression and shareholder rights litigation. We have extensive experience in disputes within closely-held corporations.
Class Actions − We primarily represent corporate defendants, assisting our clients in resolving class actions expeditiously, by preliminary motions where possible. We frequently provide advice to our corporate and institutional clients to help minimize exposure to class actions.
Administrative, Constitutional and Public Law − We assist clients in developing legal strategies for complying with complex regulatory requirements and provide advice on the legal and public policy implications of changes in legislation and other government initiatives. We act as counsel in significant administrative and constitutional law cases, involving both Charter of Rights and division of powers issues.
Indigenous and Environmental Law − We represent resource-sector clients in project permitting and the defence of subsequent challenges brought by Indigenous and environmental groups. We have represented clients in precedent-setting Indigenous rights litigation and other Indigenous law matters before all levels of Court, and have handled permitting of major projects before regulatory tribunals and in subsequent litigation. We work with resource sector clients to defend their interests in disputes between Indigenous communities and governments related to the Crown’s duty to consult. We advise and represent clients in civil and criminal claims related to contaminated site and other environmental matters.
Public Utility and Regulatory − We act for utilities, major customers and regulators, with extensive experience in the power and energy sectors, acting for applicants and intervenors before administrative tribunals and on subsequent Court proceedings. We have also provided regulatory advice in the transportation, telecommunications and water utility sectors.
Labour, Employment & Human Rights − We advise employers in all aspects of workplace law in both the provincial and federal sectors, including labour relations, employment law, collective bargaining, wrongful dismissals, human rights, employment standards, pension and benefits litigation, employment equity, workers’ compensation, privacy issues and business immigration. We have extensive experience in acting as counsel before judicial and decision making tribunals such as provincial and federal labour relations boards, arbitration boards, employment standards tribunals, human rights tribunals, workers’ compensation boards as well as all levels of court. We regularly provide collective bargaining advice and act as chief spokespersons for companies.
Pension and Employee Benefits −We have been involved in many of the leading Canadian pension and benefits cases, including successful defence of a number of class actions. Cases have involved post-retirement benefits, surplus entitlement and expense claims, fiduciary duties, including claims relating to investment policy and plan immunization and contribution holiday and benefit entitlement litigation.
Real Estate and Construction − We advise and represent international, national and local corporations, financial institutions, tenants, commercial landlords, creditors, debtors and others in real estate matters. We provide advice and representations on complex disputes including delay claims, enforcing and defending builders’ liens, tendering disputes and leaky condominium and leaky school actions, as well as property tax planning and dispute resolution. The group is also well versed in strata corporation windups.
Insolvency and Restructuring − We routinely act as counsel to the various stakeholders involved in corporate insolvency proceedings, including bankruptcies and proposals under the Bankruptcy and Insolvency Act, winding up and liquidations, receiverships, mortgage recovery, security realization under the Personal Property Security Act, arrangements under the Companies Creditors’ Arrangement Act, and preservation and recovery proceedings relating to professional fraud, including securities fraud.
Defamation and Media − We pursue and defend claims for defamation and are frequently consulted for advice in connection with libel and slander, Privacy Act, copyright and other issues that involve the activities of the print or electronic media and, increasingly, the internet.
Privacy & Data Management − We help clients navigate privacy and data governance considerations resulting from the collection, use, disclosure and maintenance of personal information. We provide advice to both private and public-sector clients regarding access to personal information requests, requests that arise in the course of corporate transactions or employee matters.
Estate Litigation – We assist clients in navigating the highly sensitive and complex issues involved when an estate plan is challenged. This includes challenges to the validity of wills or trusts, claim arising from the administration of wills or trusts, claims against executors, court applications, proceedings to change trustees or guardians, and matters involving charities.
Updated March 2022
Norton Rose Fulbright is a global law firm. The firm provides the world’s preeminent corporations and financial institutions with a full business law service. The firm has more than 3700 lawyers and other legal staff based in more than 50 cities across Europe, the United States, Canada, Latin America, Asia, Australia, the Middle East and Africa.
The firm’s global litigation and disputes lawyers advise many of the world’s largest corporations and financial institutions on complex, high-value and sensitive multi-jurisdictional disputes. With more than 50 offices across the globe, the firm has one of the largest disputes legal practices in the world, with significant experience resolving domestic and cross-border mandates, international arbitrations and investigations and enforcement for clients across all the key industry sectors, including financial institutions; energy, infrastructure and resources; transport; technology; life sciences and healthcare; and consumer markets.
The firm’s lawyers both prevent and resolve disputes by providing clients with practical, creative legal advice that focuses on their strategic and commercial objectives. The firm’s experience includes the full spectrum of dispute resolution and litigation mechanisms ranging from negotiation, mediation, conciliation and conflict resolution to vigorous courtroom strategy, multi-party and class action lawsuits and appellate proceedings. The firm have acted on some of the world’s highest profile domestic and multijurisdictional investigations, including high-profile regulatory inquiries, regulatory enforcement, criminal investigations and prosecutions, and related civil disputes and litigation. The firm is experienced in advising on risk and public relations issues in the context of legal disputes.
The firm have a unique offering of ‘on the ground’ strength, advising clients on disputes issues across emerging markets, including Africa, the Middle East, Asia and Latin America, together with deep experience in the mature markets of the United States, Europe, Australia and Canada. Members of the team offer fluent capabilities in more than 20 languages across the globe.
As a key component of the firm’s disputes practice, its global practice support team provides clients consistent and proven methodology for complying with document preservation and production requirements throughout the course of disputes, assisting in developing case strategies and priorities while managing and reducing costs for clients.
Updated March 2022
Smart & Biggar is widely recognized as Canada's leading firm for intellectual property law. With offices across Canada, and over 100 lawyers, patent agents and trademark agents, we are the largest firm focused purely on IP and related specialty areas.
We specialize in asserting and defending our clients' IP assets to maximize their return on investments and preserve competitive advantage. Intellectual property rights - from patents, industrial designs and trademarks, to trade secrets, confidential information and copyrights - are critical business assets that need to be aggressively protected and enforced.
In high-stakes litigation, we know what it takes to win and we routinely handle Canada's most commercially important and technically complex intellectual property cases. Our lawyers possess a rare combination of successful trial and appellate experience combined with a deeply sophisticated understanding of technical subject matter and analytical expertise - resulting in victories at all levels. From start-up companies in emerging growth sectors to multinational corporations across a broad range of industries, we draw on our vast technical and legal experience to provide creative, effective and cost efficient enforcement and litigation strategies tailored to each client's unique situation and needs.
Smart & Biggar has received Benchmark's Award as Canadian IP Litigation Firm of the Year for six consecutive years. Our Practice Group has vast experience and success in all areas of IP litigation, including:
Patent Litigation & Enforcement
We know what it takes for our clients to win in high stakes IP litigation.
Some of our representative recent victories include:
Largest reported damages award in Canadian history for patent infringement at $645 million
The Dow Chemical Company et al v Nova Chemicals Corporation
Success in the Supreme Court of Canada - Abolishing the "Promise Doctrine" for patents
AstraZeneca Canada Inc v Apotex Inc.
Trial victory to protect Captain Morgan "trade dress" to block competitors and protect brand value
Diageo Canada Inc v Heaven Hill Distilleries Inc.
Precedent-setting decision on copyright infringement netting damages of $12 million
Nintendo of America Inc v King
Unprecedented site-blocking order requiring Internet Service Providers to impede access to piracy services
Bell Media Inc. et al v Goldtv.biz et al.
Defended the Pampered Chef “PC Logo” in trademark infringement battle with Canada’s largest retailer
Loblaws Inc v Columbia Insurance Company
Longstanding successful representation for Bauer Hockey in various trademark and patent infringement actions for over 25 years
Bauer Hockey Ltd v Sport Maska Inc dba Reebok-CCM Hockey
For over 100 years, we have remained devoted to protecting our clients' intellectual property and technology assets. Whether we are advising an innovative company on patent strategy or infringement issues, providing counsel on brand protection and enforcement, or handling the IP aspects of a corporate transaction, we provide clients with solutions to protect, enforce and leverage their IP.
Updated April 2022