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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

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

David Wainer

Commercial Transactions Lawyer at Bennett Jones Calgary

This end-of-year overview examines the Federal Government&rsquo;s rapid expansion of AI-related funding in 2025, from large-scale investments in data centres and public compute infrastructure to programs supporting AI access, adoption and domestic research. It also explores the new commitments announced in Budget 2025 and signals key trends to watch in 2026 as Canada strengthens its AI ecosystem.

Canadas AI Efforts in 2025 A Year in Review

Canada's AI Efforts in 2025: A Year in Review

David M. Price

Employment Services Lawyer at Bennett Jones Calgary

Cameron Penn

Litigation Lawyer at Bennett Jones Calgary

Tami Oguntona

Articling Student at Bennett Jones in Calgary 

Articling Student 

British Columbia has introduced new limits on when employers may request sick notes and created a 27-week unpaid leave for serious personal illness or injury. This update outlines the key legislative changes and their practical impact on employer policies.

What the Doctor Ordered British Columbia

What the Doctor Ordered: British Columbia Updates Rules on Employee Sick Notes and Introduces Serious Personal Illness and Injury Leave

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.

Ashley Paterson and Nina Butz on Product Liability in Canada

Authors


Bennett Jones Article Ashley Paterson and Nina Butz on Product Liability in Canada April 14, 2022 Authors Ashley L. PatersonPartner Nina ButzAssociate Ashley Paterson and Nina Butz write in DRI's The Brief Case on "Product Liability in Canada." Found on page three of this issue, the article provides a summary of product liability law in Canada for U.S. defence attorneys and in-house counsel facing product liability litigation in Canada. Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Peter Zvanitajs at ZvanitajsP@bennettjones.com. For informational purposes only This publication provides an overview of legal trends and updates for informational purposes only. For personalized legal advice, please contact the authors. Authors Ashley L. Paterson, Partner Toronto • 416.777.7456 • patersona@bennettjones.com Nina Butz, Associate Toronto • 416.777.5521 • butzn@bennettjones.com