Bennett Jones

Education

Queen’s University, BA (Honours), 2009, with distinction, Dean’s Honour List, Dr. Robert John Wilson Scholarship Queen’s University, JD, 2012, Dean’s List, John D.B. Walton Scholarship in Administrative Law International Business Law Certificate, Bader International Study Centre (England), Queen’s University

Bar Admissions

Ontario, 2013

Gannon Beaulne

Partner

T: 416.777.4805 / E: beaulneg@bennettjones.com

Toronto

Gannon Beaulne combines an analytical approach and deep knowledge of the law with a practical and strategic mindset to bring clarity to complex disputes and achieve a preferred resolution.

Gannon’s practice focuses on complex commercial and corporate litigation, class actions, international arbitration, and public law. He has extensive trial-level and appellate experience, regularly appearing before all levels of court in Ontario and the Supreme Court of Canada.

In 2023, Gannon was recognized as a Future Star by Benchmark Litigation Canada and named to the Benchmark Litigation 40 & Under List.

Gannon advises clients on a wide range of disputes and issues. He has particular experience with matters involving commercial contracts, negligent performance of services, professional negligence, institutional negligence, fiduciary duties, corporate oppression, shareholder and partnership disputes, legal privileges and immunities, injunctive relief, constitutional law, administrative law, statutory interpretation, private international law, letters of request (also called letters rogatory), and the recognition and enforcement of judgments and arbitral awards.

A frequent writer and speaker, Gannon has been published in many academic, legal, and industry journals and other publications, including the Alberta Law Review, the Commercial Litigation and Arbitration Review, and The Advocates’ Journal. He has contributed to policy papers as well as legal treatises and similar resources. He is often invited to speak at national and international conferences and events, and has been interviewed on the radio and quoted in print media, including the Financial Post and the Toronto Star.

Gannon is Chair of the Canada Committee of the American Bar Association, International Law Section, and sits on the Content Management Committee of the Litigation Section. He is also an active member of The Advocates’ Society.

Select Experience

Bureau Veritas SA, a publicly traded international certification and testing agency, in its successful defence of a $1.85-billion proposed class action commenced against it and Loblaws Companies Limited alleging they neglected to warn workers of structural deficiencies in the Rana Plaza building in Bangladesh. Das v George Weston Ltd, 2018 ONCA 1053, aff’g 2017 ONSC 5583
Representation of accounting and law firms in proposed class actions regarding Canada Revenue Agency reassessments of taxpayers who had participated in Canadian charitable-giving tax shelter programs
Representation of a First Nation in successfully obtaining a Mareva injunction to freeze the assets of alleged fraudsters. Kashechewan First Nation v Kirkland, 2018 ONSC 3014
Representation of a hospitality company in successfully seeking the dismissal of a $20-million breach of contract claim on a summary judgment motion, before the Superior Court of Justice and the Court of Appeal for Ontario. Westmount-Keele Limited v Royal Host REIT, 2017 ONCA 673
Parkland Fuel Corporation, a Canadian independent fuel retailer, in the defence of its acquisition of Pioneer Energy, including successfully resisting a hold-separate order in 8 of 14 local communities in issue. The Commissioner of Competition v Parkland Industries Ltd, 2015 CACT 4
Representation of companies in multiple proposed class actions regarding alleged price-fixing in the auto parts and other industries

Recent Recognitions

Best Lawyers in Canada

Ones to Watch, Corporate and Commercial Litigation
Benchmark Litigation: Canada

40 & Under Hot List
Recognized as a Future Star

Recent Insights, News & Events

Bennett Jones Lawyers Named Among Canada’s Top Litigators By Benchmark Canada
Announcements / May 01, 2025
Thirty-seven Bennett Jones lawyers have been recognized in the Benchmark Canada 2025 rankings, including 30 Litigation Stars and 10 Future Stars. Five of our lawyers were also named among the Top 50 Trial Lawyers in Canada.
Certification Denied in Proposed Negligent Design Class Action Against Gun Manufacturer for Mass Shooting
Blog / August 22, 2024
The Ontario Superior Court recently emphasized the need, in a negligent design claim, for evidence on the product from a qualified design expert, even in the context of a certification motion.
Class Actions: Looking Forward 2024
Updates / August 22, 2024
In our 2024 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead.
Four Bennett Jones Lawyers Honoured in Benchmark 40 & Under Hot List 2024
Announcements / August 08, 2024
Lamont Bartlett, Gannon Beaulne, Amanda McLachlan and Katherine Booth have been honoured in the 2024 Benchmark 40 & Under Hot List.
A Clarified Approach to Exclusion Clauses in Contracts for Sale of Goods
Blog / June 07, 2024
Exclusion clauses are a common feature of agreements of purchase and sale and other commercial contracts. While often subject to negotiation, parties sometimes proceed with standard form exclusion clauses that may inject uncertainty into what claims or implied statutory obligations are excluded from the parties’ agreement. In the event of a later dispute, the scope and import of the exclusion clause will be of considerable importance.
Certification Denied in Proposed Class Proceeding Against Gun Manufacturer for Mass Shooting
Blog / March 14, 2024
An Ontario Superior Court Judge has refused to certify a class action against the manufacturer of the handgun used to carry out the 2018 mass shooting on Danforth Avenue in Toronto. The plaintiffs brought their claim on behalf of those killed or otherwise affected by the tragedy. After a two-phase process, Justice Paul Perell found no basis in fact for concluding that the handgun used in the shooting had been negligently designed or that the manufacturer’s alleged negligence had caused the plaintiffs’ injuries.
The Ethical Debate over Incentive Payments to Representative Plaintiffs in the U.S. and Canada
Articles / February 29, 2024
Gannon Beaulne and Sidney Brejak authored an article for the ABA on The Ethical Debate over Incentive Payments to Representative Plaintiffs in the U.S. and Canada.
Bennett Jones is Top in Lexpert's Top 10 Business Decisions of 2022-2023
Announcements / November 23, 2023
Bennett Jones acted on four of Lexpert's Top 10 business decisions of 2022-2023—more than any other law firm. The Top 10 is an annual look at the most significant judicial rulings in Canada affecting the business community. This stellar performance once again shows how Bennett Jones is the firm that clients trust with their biggest and most complex legal matters.
Bennett Jones Lawyers Recognized in Best Lawyers in Canada 2024
Announcements / August 24, 2023
104 Bennett Jones lawyers have been recognized across 46 practice areas in the 2024 edition of Best Lawyers in Canada. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
Benchmark 40 & Under Hot List Honours Four Bennett Jones Lawyers
Announcements / August 01, 2023
Lamont Bartlett, Gannon Beaulne, Laura Gill and Amanda McLachlan have been honoured in the 2023 Benchmark 40 & Under Hot List.
Ontario’s Dismissal for Delay Regime—the Year in Review
Blog / June 01, 2023
Early 2022 decisions interpreting Ontario’s new mandatory dismissal for delay regime were glad tidings for defendants, suggesting the regime would be strictly applied. However, over the course of 2022, the pendulum swung in the other direction, with an increasingly flexible approach being applied.
Class Actions: Looking Forward 2023
Updates / June 01, 2023
In our 2023 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead.
Forty Bennett Jones Lawyers Recognized In Benchmark Canada 2023
Announcements / April 26, 2023
Bennett Jones is Highly Recommended in the 2023 Benchmark Canada rankings, with 40 individual lawyers ranked this year—30 Litigation Stars and 10 Future Stars. Benchmark Litigation's law firm and lawyer rankings based on extensive interviews with litigators, dispute resolution specialists and their clients as well as analysis of the market’s most important cases and firm developments.
Class Actions: Looking Forward 2022 in Canadian Lawyer
In The News / May 06, 2022
Canadian Lawyer reports on the 2022 edition of Bennett Jones' Class Actions: Looking Forward. Ranjan Agarwal comments on how we are seeing the tail end of COVID-19 class actions, the diverging approaches to the certification of class actions, and how parties are navigating multijurisdictional class actions in Canada.
Dismissal for Delay under Ontario’s Class Proceedings Act, 1992: Lamarche v Pacific Telescope Corp
Blog / April 29, 2022
In January 2022, Justice Belobaba (one of four judges on the Toronto Class Actions List) dismissed an action for delay under section 29.1 of Ontario’s Class Proceedings Act, 1992. Justice Belobaba’s decision in Bourque v Insight Productions was the first published decision interpreting section 29.1 of the Act after that provision was added to the statute in October 2020. It suggested that courts would strictly apply section 29.1 of the Act. We discussed Justice Belobaba’s decision and its implications in an earlier insight, Dismissal for Delay Under the Ontario Class Proceedings Act: The First Application of a New Rule.
An Update on COVID-19 Class Actions in Canada
Updates / April 22, 2022
Nearly 2 years after the launch of more than 30 proposed class actions arising from the COVID-19 pandemic upended the Canadian class action landscape, pandemic-related class actions risk, and ongoing litigation appear to have entered a new phase.
Class Actions: Looking Forward 2022
Updates / April 19, 2022
If 2020 was a year of seismic shifts affecting Canada’s class actions landscape, 2021 was a year of reverberations and aftershocks. The instability and uncertainty created by the COVID-19 pandemic did not disappear. Canadian businesses adjusted to the new normal, pandemic-related class actions entered into a new phase, and judges reacted to landmark decisions and legislative changes from the year before in key substantive and procedural areas. The result was some new, and some familiar, fault lines.
Bennett Jones Welcomes 12 New Partners
Announcements / March 10, 2022
Bennett Jones is pleased to announce that 12 lawyers have been admitted to the partnership. They serve clients from our offices throughout the firm and represent a cross section of our key industry groups and practice areas.
Bennett Jones' Best Lawyers in Canada 2022
Announcements / August 26, 2021
146 Bennett Jones lawyers have been recognized across 48 practice areas in the Best Lawyers in Canada 2022 edition, with 44 lawyers having earned recognition in multiple practice areas. The recognized lawyers work in Bennett Jones' offices across Canada in Calgary, Edmonton, Toronto and Vancouver, highlighting the firm's national expertise.
Cheryl Woodin and Gannon Beaulne in IADC on Product Liability
Articles / August 06, 2021
Cheryl Woodin and Gannon Beaulne write in the International Association of Defense Counsel (IADC) July 2021 Product Liability issue on "Requests for Honoraria in Class Actions Face Rising Scrutiny and Resistance."
Bennett Jones Wins Class Action Team of the Year Award
Announcements / May 19, 2021
Bennett Jones is the winner in the Class Action Team of the Year category in the 2021 Canadian Law Awards, for the firm's work for the defendants in Winder v. Marriott International Inc. The Canadian Law Awards recognizes the nation’s leading law firms, in-house legal teams, individuals, deals and cases over the past year, reflecting true excellence in the country's legal profession.
Are Gun Manufacturers Liable for Mass Shootings?
Blog / March 01, 2021
An Ontario Superior Court judge has accepted, in a preliminary decision in Price v Smith & Wesson Corp, 2021 ONSC 1114, that gun manufacturers may have civil liability in Canada for losses caused by mass shootings when feasible safety measures could have prevented the harm but were not used.
Enforcing Standard-Form Arbitration Agreements in Class Actions: Lessons from the Uber Saga in Canada
Articles / February 23, 2021
Gannon Beaulne, Maya Bretgoltz and Ranjan Agarwal write in the American Bar Association's Litigation Section on "Enforcing Standard-Form Arbitration Agreements in Class Actions: Lessons from the Uber Saga in Canada".
A Clarified Approach to Pure Economic Loss Claims
Blog / February 01, 2021
In November 2020, the Supreme Court of Canada released its decision in 1688782 Ontario Inc. v Maple Leaf Foods Inc. This is an important decision clarifying the analytical approach to the duty of care analysis in negligence claims for “pure economic loss”, which encompasses claims for lost profits, lost sales, reputational harm, and other economic injuries not accompanied by harm to person or property. The Court's decision affirms that the concept of legal “proximity” is the core analytical tool to decide whether there is a duty of care in negligence extending to pure economic loss and, if so, the scope of the duty.
Supreme Court of Canada Clarifies Approach to Pure Economic Loss Claims
Blog / November 16, 2020
The Supreme Court of Canada has clarified the scope of manufacturers’ potential liability under the law of negligence to the retailers of their products for “pure economic losses”—lost profits, lost sales, and reputational harm that are not accompanied by harm to person or property—associated with selling their products.
Supreme Court Reaffirms Low Bar for Authorizing Class Actions in Québec
Blog / November 09, 2020
The Supreme Court of Canada’s recent decision in Asselin v Desjardins Cabinet de services financiers inc, 2020 SCC 30, reaffirms Québec’s low bar for authorizing class actions—and may arguably lower it further.
Richard Swan and Gannon Beaulne in Canadian Mining Journal
Articles / June 24, 2020
Richard Swan and Gannon Beaulne write in the June edition of Canadian Mining Journal on the growing legal uncertainty for miners operating abroad, illustrated by the Araya v Nevsun Resources Ltd case [...]
Canadian Companies May Now Be Sued in Canada for Alleged Human Rights Abuses Abroad, Rules Supreme Court of Canada
Blog / April 02, 2020
A small group of former Eritrean workers has won a narrow, but important, preliminary victory at the Supreme Court of Canada in a British Columbia lawsuit that alleges human rights abuses against a Canadian [...]
The Rana Plaza Class Action: Lessons for Class Action Lawyers
Articles / April 24, 2019
Ranjan Agarwal, Gannon Beaulne and Ethan Schiff co-authored "The Rana Plaza Class Action: Lessons for Class Action Lawyers" published by the Ontario Bar Association.
Court of Appeal Affirms Decision to Dismiss the Rana Plaza Class Action
Blog / December 21, 2018
On December 20, 2018, the Ontario Court of Appeal released its decision in the Rana Plaza Class Action (Das v George Weston Limited, 2018 ONCA 1053) affirming the Ontario Superior Court of Justice’s [...]
Ontario Court of Appeal Grounds Class Action Jurisdiction Challenges
Blog / October 26, 2017
Companies in Canada or doing business with Canadians beware. The Ontario Court of Appeal has held that Ontario courts can take jurisdiction in class actions over plaintiffs who are not Canadian, do not [...]
Corporate Social Responsibility and the Rana Plaza Class Action
Updates / October 06, 2017
On July 5, 2017, the Ontario Superior Court of Justice released a 129-page decision in the Rana Plaza class action (Das v George Weston Limited), a proposed class action brought in Ontario on behalf of Bangladeshis injured in the collapse of the Rana Plaza building in Dhaka in 2013 and their families. 2520 were injured and 1130 died in the collapse.
Keeping up with the Convention: Ontario Modernizes Its International Commercial Arbitration Regime
Blog / June 20, 2017
A new statutory regime governing international commercial arbitration came into effect in Ontario in March 2017, with the International Commercial Arbitration Act, 2017, SO 2017, c 2, replacing the International [...]
Canada: Arbitration
Articles / December 09, 2016
This country-specific Q&A provides an overview of the legal framework and key issues surrounding arbitration law in Canada including arbitration agreements, tribunals, proceedings as well as costs, awards and the hot topics concerning this country at present. This Q&A is part of the global guide to Arbitration. Published by The Legal 500 / In House Lawyer.
Have a Contract in Canada? Your Class Action Risk is Greater Than You May Think
Blog / July 19, 2016
Non-Canadian companies: welcome to the Canadian class action party. In recent years, Canadians have increasingly begun to recognize and actively manage the major business risk posed by class actions, [...]
Parliamentary Restrictions on Judicial Discretion in Sentencing
Articles / July 12, 2016
In Canada, courts have historically borne the primary responsibility for ensuring that sentences in criminal cases fit the seriousness of the impugned conduct. In this respect, Canada is not unique. As in many other common law jurisdictions, the Parliament of Canada has preferred to define criminal offences in broad language, permitting an offence to capture a wide array of conduct with varying degrees of moral culpability. I t usually sets only high, rarely-imposed maximum penalties. Although these maximum penalties are mandatory, the yoke of this Parliamentary circumscription of judicial discretion in sentencing has rested lightly on judges' shoulders. Published in Supreme Court law Review, (2016) 73 SCLR (2d).
What Canadians Need to Know When Choosing a Seat of International Arbitration: Advantages and Disadvantages of Onshore vs. Offshore Arbitration
Articles / February 29, 2016
Gannon Beaulne and Jeffrey Leon co-authored "What Canadians Need to Know When Choosing a Seat of International Arbitration: Advantages and Disadvantages of Onshore vs. Offshore Arbitration" in Vol. 5, No. 1 (February 2016) Commercial Litigation and Arbitration Review (cited as 5 C.L.A.R.).
Contribution Among Contract Breakers: A Case Comment on Isfeld v Petersen Pontiac Buick GMC (Alta.) Inc.
Articles / December 01, 2015
Ranjan Agarwal and Gannon Beaulne published a case comment called "Contribution Among Contract Breakers: A Case Comment on Isfeld v Petersen Pontiac Buick GMC (Alta.) Inc." in Alberta Law Review which can be found at the following link.
Is This the End for Global Classes? Foreign Class Claimants and the Real and Substantial Connection Test
Blog / August 31, 2015
On August 26, 2015, Justice Leitch held that the Ontario court does not have jurisdiction over foreign class members in Airia Brands Inc v Air Canada. Counsel on both sides of the class action bar should [...]
B.C. Court of Appeal Finds Google Subject to B.C. Jurisdiction
Blog / July 07, 2015
More than ever before, foreign companies with websites accessible by Canadians should consider whether their online activities”even mere data gathering”put them at risk of being subject to the jurisdiction [...]
The Northern Rule of Law
Articles / June 02, 2015
E-commerce businesses outside of Canada, including foreign parents and affiliates of Canadian companies, are often surprised to learn that their online commercial activities put them at risk of having to comply with a broad range of onerous Canadian laws and regulations, as well as the possibility of being hauled into a Canadian court. That risk is particularly acute for a foreign parent or affiliate of a Canadian bricks-and-mortar retailer doing business in Canada through a website operated on its behalf, often invisibly, by the parent or affiliate. Published by Internet Retailer.
Making up your Mind: Trial Litigation vs. Arbitration in the Commercial World
Articles / May 27, 2015
The literature is rife with commentaries on the relative merits of international arbitration and trial litigation in national courts. Most begin with the same clichéd observation: after years on the rise, arbitration has now eclipsed litigation as the preferred mechanism for resolving cross-border commercial disputes. This claim is probably true. A 2013 survey reported that 52 percent of companies across industries prefer arbitration. It also found that companies refer disputes to arbitration and litigation in equal measure at 47 percent each. Published in Volume 34, Number 1 of The Advocates' Journal.
Supreme Court Clarifies that Expert's Duty to the Court is a Threshold Requirement for Admissibility
Blog / April 30, 2015
The Supreme Court of Canada issued a decision today which furthers existing law requiring experts in court proceedings to give fair, objective and non-partisan opinion evidence. A number of cases stood [...]
Lincoln Caylor and Gannon Beaulne in the Financial Post on Mandatory Minimum Sentencing
In The News / April 15, 2015
In the Financial Post article by John Ivison, "Rejection of Mandatory Minimum Law for Gun Crimes Confirms Supremes' Politicization," Lincoln Caylor and Gannon Beaulne comment on the decision by the Supreme Court of Canada to strike down the federal government's mandatory minimum sentencing legislation on gun crime.
Lincoln Caylor and Gannon Beaulne on Mandatory Minimum Sentencing
In The News / April 15, 2015
In the MacDonald Laurier Institute article, "SCC's Decision on Mandatory Minimum Sentences Defies Common Sense," Lincoln Caylor and Gannon Beaulne are noted for speaking to the media about how mandatory minimum sentences are an effective tool for consistently applying the law.
Gannon Beaulne in the Ottawa Citizen on Supreme Court of Canada Decision
In The News / April 14, 2015
In the Ottawa Citizen article by Ian MacLeod, "Supreme Court Strikes at Mandatory-Minimum Sentences," Gannon Beaulne comments on the Supreme Court of Canada decision to strike down mandatory minimum sentencing.
Gannon Beaulne in the Toronto Star on Mandatory Minimum Sentencing Laws
In The News / April 14, 2015
In the Toronto Star article by Mike Blanchfield, "Supreme Court Strikes Down Mandatory Minimum Sentences for Gun Crimes," Gannon Beaulne commented on the Supreme Court of Canada overstepping its jurisdiction.
Gannon Beaulne on AM 680 Winnipeg Discussing Supreme Court of Canada Decision
In The News / April 14, 2015
On AM 680 Winnipeg's The Nighthawk with Geoff Currier, Gannon Beaulne discusses the Supreme Court of Canada decision to strike down mandatory minimum sentencing.
Gannon Beaulne on AM 740 Zoomer Radio Toronto Discussing Mandatory Minimum Sentencing
In The News / April 14, 2015
On AM 740 Zoomer Radio Toronto, Gannon Beaulne comments on the Supreme Court of Canada's decision on mandatory minimum sentences for gun crimes.
Proportionality Trumps "Old Brain Thinking" Post-Hryniak
Blog / February 02, 2015
In the recent decision of Letang v Hertz Canada Ltd, Justice Myers refused to adjourn a trial date despite the last-minute production of documents, decrying "old brain thinking" that has thwarted timely [...]
The CCF's 2015 Law and Freedom Conference
Speaking Engagements / January 16, 2015
Gannon Beaulne speaks on a panel about sources of law at the Canadian Constitution Foundation's 2015 Law and Freedom Conference at Hart House on the University of Toronto's downtown campus.
Gannon Beaulne in the Ottawa Citizen on Victim Surcharge
In The News / January 09, 2015
In the Ottawa Citizen article by Andrew Seymour, "Is The Victim Surcharge the Next Supreme Court Failure for Conservative Crime Agenda?," Gannon Beaulne comments on a controversial court surcharge designed to help fund victim services.
Disputants Await Clarification of Mediation Privilege's Boundaries
Blog / November 17, 2014
Today, Canadians are mediating their disputes in record numbers. One partial explanation for this phenomenon is that mediation purports to keep discussions between parties confidential, traditionally [...]
Gannon Beaulne Interviewed on Mandatory Minimum Sentencing in the Lawyers Weekly
In The News / September 22, 2014
In Cristin Schmitz's Lawyers Weekly article, "Mandatory Minimums Branded Ineffective, Overly Constraining," Gannon Beaulne discusses the use of mandatory minimum penalties as sentencing tools. Gannon is quoted saying, “This debate in general has become very politicized?—?it's about picking sides,” he said. “Do you agree with this mandatory minimum? Is it proportionate? And that maybe misses the point of the wider discussion which is that, in the context of the rule of law, do mandatory minimums as such help or hinder an accused's, or the public's, ability to look forward and understand what the consequences of a certain crime would be?... The rule of law requires laws to be ascertainable in advance, and clear in every respect, and MMPs, by setting a stable sentencing floor, allow for a very recognizable range of sentences for the commission of a given offence. It puts the accused and the public on notice of what the likely sentencing range is. Now contrast that with a situation where the judge has complete discretion. It's much more difficult to look at a crime and say: ‘This is what I'm going to be sentenced to if I break that law.'”
In Defence of Mandatory Minimum Sentences and Surcharges
Articles / August 21, 2014
The Harper government has lost some very public court battles lately, highlighting current tensions between Parliament and the judiciary over mandatory minimum sentencing tools. The government's most recent defeat came in R. v. Michael. In this case, a prominent Ontario Court judge in Ottawa, Justice David Paciocco, convicted a homeless, alcohol and drug addicted 26-year-old named Shaun Michael of nine offences, including assault against a peace officer. Michael faced $900 in mandatory victim surcharges in addition to four months already spent in custody and two years of probation. Justice Paciocco refused to order the mandatory victim surcharges. He found that a $900 fine would be cruel and unusual punishment when combined with prison and probation, contrary to Section 12 of the Charter. And so the Court struck down the Criminal Code section creating the mandatory victim surcharge regime as unconstitutional. Written by Lincoln Caylor and Gannon Beaulne, and published in the Ottawa Citizen.
Lincoln Caylor and Gannon Beaulne's Mandatory Minimum Sentence Article Discussed in Law Times
In The News / May 12, 2014
In Yamri Taddese's Law Times article, "Lawyers Offer Contrarian View on Sentencing Laws," Lincoln Caylor and Gannon Beaulne's paper, "Parliamentary Restrictions on Judicial Discretion in Sentencing: A Defence of Mandatory Minimum Sentences," (published by the Macdonald-Laurier Institute) is discussed.
Parliamentary Restrictions on Judicial Discretion in Sentencing
Articles / May 01, 2014
Mandatory sentencing tools have received a great deal of attention lately as the federal government continues to promote law-and-order legislation in response to the public's perception that Canada's criminal sentencing regime is overly lenient with offenders. This legislation has met with fierce criticism from members of the media and academia, and increasingly inventive attempts to subvert it by the judiciary. Published by the Macdonald-Laurier Institute.
The Case for Mandatory Minimum Sentences in Canada
Articles / April 01, 2014
In exploring how mandatory minimums and fines are being treated by the judiciary, authors Lincoln Caylor and Gannon Beaulne note that it should go without saying that judicial independence is a cardinal value in Canada. They argue that judges who ignore the rule of law and make decisions according to their personal views of justice in the face of dear legislation to the contrary are not honouring the independence of the judiciary. Rather, they are assaulting the justice system and offending the duties of their office. Originally published in Inside Policy - The Magazine of The Macdonald-Laurier Institute (April 2014).
Cross-Border Class Action Litigation: Navigating Overlapping and Competing Multi-Jurisdictional Class Actions
Articles / March 03, 2014
M.A. Eizenga, J.P. Hooper, E.F. Gladbach and G.G. Beaulne, “Cross-Border Class Action Litigation: Navigating Overlapping and Competing Multi-Jurisdictional Class Actions” Barreau du Québec (Thomson Reuters Canada Limitée) (Volume 380, 2014)
Supreme Court Narrows the Tort of Unlawful Interference with Economic Relations
Blog / February 06, 2014
Canadian courts have long struggled with the tort of unlawful interference with economic relations. This struggle has generated significant ambiguity in the case law”even the tort's name was unsettled. [...]
Regulatory Proceedings and Class Actions: The Supreme Court of Canada Speaks on Preferable Procedure
Updates / December 12, 2013
On December 12, 2013, the Supreme Court of Canada (SCC) released its fourth major class action decision in two months: AIC Limited et al v Dennis Fischer et al (Fischer). This case concerns whether a class action is the preferable procedure for resolving claims where regulatory proceedings relating to the same conduct have already resulted in a substantial monetary settlement. The SCC held that a class action is the preferable procedure where a comparative analysis indicates that class proceedings can address procedural or substantive access to justice concerns and that these concerns remain even after considering alternative avenues of redress.
Bennett Jones Welcomes Our New Associates in Toronto
Announcements / September 16, 2013
Bennett Jones is pleased to welcome our newest associates in the firm's Toronto office. Joining us are Jeremy Fox in our tax group, Gannon Beaulne, Jy Blinick, Jack Maslen and Jessica Mathewson in our litigation group and Talia Bregman, Andrew Disipio, Ron Fichter, Zach Justein, Zyshan Kaba, Ian Minz and Claire Webster in our corporate group.