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Ashley L. Paterson

Commercial Litigation Lawyer at Bennett Jones Toronto

Partner

Morgan Sutherland

Lawyer at Bennett Jones Toronto

Associate 

Health Canada has proposed amendments to the Medical Devices Regulations focused on modernizing the MDEL framework. The changes would affect importer&ndash;distributor relationships, mandatory supplier disclosures, and safety documentation requirements. This update summarizes the key proposals and their potential impacts on MDEL holders and applicants.

Health Canada Proposes Amendments to MDEL Holders and Applicants

Emrys Davis

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

Michael A. Eizenga L.S.M.

Leading Canadian Class Action Litigator at Bennett Jones Toronto

Partner 

Gannon Beaulne

Litigation Lawyer at Bennett Jones Toronto

In our 2025 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.

Class Actions Looking Forward 2025

Class Actions: Looking Forward 2025

The evidentiary burden on plaintiffs to have a case certified­—i.e., the “some basis in fact” standard—has been described as a “low bar” in countless cases. Plaintiffs cite the “low bar” in trying to certify their cases, and defendants respond with their own favourable quotes from the case law, noting that this evidentiary burden is not “merely a speed bump” and that the evidence required to support certification must be subject to something more than “superficial scrutiny”.

British Columbia Grapples With Evidentiary Issues and the Requirement for a Workable Methodology

Nina Butz

Associate

Miranda Cooper

The past year has introduced some uncertainty for institutional defendants facing privacy breach class actions in Canada. While Ontario’s Court of Appeal has been consistent in its approach to class actions against “database defendants”, two decisions of the British Columbia Court of Appeal suggest that plaintiffs may have more success recovering from such defendants in jurisdictions that have codified a breach of privacy cause of action, like British Columbia, as opposed to those that have recognized the tort of intrusion upon seclusion, like Ontario. 
The term “database defendants” refers to organizations that collect and store personal information while carrying out a commercial purpose and whose databases are accessed by unauthorized third parties. Class actions brought against database defendants have become increasingly common. The earliest examples were brought in Ontario and pleaded the tort of intrusion upon seclusion.

Legal Uncertainty for Database Defendants Appeal Courts Assess Privacy Causes of Action

Legal Uncertainty for Database Defendants? Appeal Courts Assess Privacy Causes of Action With Varying Outcomes

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

This article explores how Ad Standards Canada&rsquo;s Code applies to influencer marketing and AI-generated content, focusing on accuracy, disclosure and testimonial rules, along with best practices for compliance.

Canadian Code of Advertising Standards for Influencer Marketing

Canadian Code of Advertising Standards for Influencer Marketing: Key Clauses and Application to AI-Generated Content and Influencers 

Katherine Booth

Litigation Lawyer at Bennett Jones Vancouver

Jackson Spencer

Commercial Litigation Lawyer at Bennett Jones Vancouver

The BC Court of Appeal&rsquo;s decision in Syngenta AG v. Van Wijngaarden reaffirms that the rules of evidence are not relaxed at certification. The Court held that plaintiffs must rely on properly admissible, authenticated evidence and cannot use broad hearsay or unsourced documents to meet the &ldquo;some basis in fact&rdquo; standard.

BC Court of Appeal The Rules of Evidence Are Not Relaxed at Certification

BC Court of Appeal: The Rules of Evidence Are Not Relaxed at Certification 

Geoffrey P. Stenger

Project Development, Energy, Infrastructure and Construction Lawyer at Bennett Jones Calgary

Patrick T. Maguire KC

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

Vice Chair and Partner

Hon. John R. Baird P.C.

Senior Advisor at Bennett Jones, Former Canadian Foreign Minister

Senior Business Advisor

The 10th annual National Energy Roundtable brought industry leaders, policymakers and innovators together to discuss how Canada can strengthen its global energy competitiveness. Key themes included reducing regulatory uncertainty to accelerate major projects, leveraging LNG to enhance economic prosperity, and positioning Canada&rsquo;s energy resources as strategic assets in an uncertain geopolitical landscape. Bennett Jones partners moderated panels exploring these opportunities and shared insights on how Canada can execute a winning strategy for long-term energy leadership.

Making Canadas Energy Sector More Competitive

Making Canada's Energy Sector More Competitive: Key Takeaways From the National Energy Roundtable

Kristopher R. Hanc

M&A and Capital Markets Lawyer at Bennett Jones Toronto

John Lawless

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

James D. Beeby

Corporate Finance, M&A, Private Equity and Venture Capital Lawyer

The Supreme Court of Canada has released its much-anticipated decision in Lundin Mining Corp. v. Markowich, 2025 SCC 39, clarifying the definition of a "material change" under securities law and providing guidance on when a public company must disclose information to the market. The decision will have broad implications for public companies, their directors, officers, shareholders and other market participants.

Supreme Court of Canada Clarifies Scope of Securities Disclosure Obligations for Material Changes

Shifting Grounds: Supreme Court of Canada Clarifies Scope of Securities Disclosure Obligations for "Material Changes"

Ashley Paterson and Nina Butz on Product Liability in Canada

From the Same Authors

Health Canada Proposes Amendments to MDEL Holders and Applicants

Class Actions: Looking Forward 2025

British Columbia Grapples With Evidentiary Issues and the Requirement for a Workable Methodology

Latest Insights

Health Canada Proposes Amendments to MDEL Holders and Applicants

Canadian Code of Advertising Standards for Influencer Marketing: Key Clauses and Application to AI-Generated Content and Influencers

BC Court of Appeal: The Rules of Evidence Are Not Relaxed at Certification

Making Canada's Energy Sector More Competitive: Key Takeaways From the National Energy Roundtable

Stay Informed. Stay Ahead.