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Christine A. Viney

Commercial Litigation Lawyer at Bennett Jones Calgary

Partner

Ethan Z. Schiff

Commercial Litigation Lawyer at Bennett Jones Toronto

Sidney (Sid) Brejak

Associate

A plaintiff’s obligation to establish “some basis in fact” for a common issue is acknowledged as a low bar. Several Canadian appellate courts have, however, confirmed a “two-step test” as the standard analytical framework. Under the two-step test, plaintiffs must not only show that the proposed common issues can be answered across the class, but must also establish, as a matter of fact, that the proposed issues exist. The two-step test stands in contrast to a one-step test that considers only if the proposed common issue can be answered across the class.
The added requirement of proving the existence of proposed common issues means plaintiffs need sufficient factual evidence at the certification stage. Looking forward, representative plaintiffs may pursue innovative strategies to gather the evidence needed to meet their evidentiary burden. One such avenue, considered below, involves requesting pre-certification discovery.

Raising the Low Bar Plaintiffs Seek New Strategies to Prove Common Issues for Certification

Raising the “Low Bar”: Plaintiffs Seek New Strategies to Prove Common Issues for Certification 

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

E. Bruce Mellett KC

Energy, Insurance, Professional Liability and Construction Litigation Lawyer at Bennett Jones Calgary

Sean Assié

Regulatory, Environmental and Aboriginal and Indigenous Law Lawyer at Bennett Jones Calgary

Adam J. Williams

Litigation Lawyer at Bennett Jones Calgary

The Supreme Court of Canada (SCC) has issued an opinion that the Impact Assessment Act (IAA) and its Physical Activities Regulations are largely unconstitutional.

Supreme Court of Canada Rules Impact Assessment Act Unconstitutional

Daniel L. Morrow

Litigation Lawyer at Bennett Jones Edmonton

In Abbas v Esurance Insurance Company of Canada, 2023 ABCA 36, the Alberta Court of Appeal endorsed what it described as draconian consequences for insurance fraud as consistent with the Insurance Act, RSA 2000 c I-3 and necessary to further the underlying purpose of the legislation. Specifically, the Court confirmed the longstanding rule that all claims under a single insurance policy stemming from one incident are void if the insured commits fraud, even if the fraud is material to only a portion of the claim.

Court of Appeal Endorses Draconian Deterrent to Insurance Fraud

The U.S. and global economies proved resilient in 2025. There were reasons, particularly around U.S. President Donald Trump&rsquo;s April 1 &ldquo;Liberation Day,&rdquo; to fear a global trade war or corrections in financial markets that would cause a recession in the United States and a sharp slowing of the global economy. In fact, while growth in the United States and most major economies slowed in 2025, other policy and market factors offset at least in part the early effect of disruptive policies by the U.S. administration. The United States&rsquo;s trading partners chose to avoid an all-out trade war, and most negotiated some form of accommodation with President Trump.

Economic Outlook 2026

Adapting to a New World: From Ambition to Investment

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

Laura Inglis

Commercial Litigation Lawyer at Bennett Jones Edmonton

Christine Plante

Civil Fraud Recovery, Employment and Shareholder Disputes Lawyer at Bennett Jones Calgary

David M. Price

Employment Services Lawyer at Bennett Jones Calgary

Effective January 1, 2026, Alberta will increase job-protected long-term illness and injury leave from 16 to 27 weeks. This update aligns Alberta with other leading Canadian jurisdictions that recently implemented similar extended leaves. Employers will need to revisit their workplace policies to ensure compliance with the new requirements. The blog explains the legislative amendments and their implications for employers.

Alberta Aligns with Other Provinces in Extending Long Term Illness and Injury Leave

Ashley L. Paterson

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

Cameron Penn

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

Title Alphabetical

Title

BennettJones

Viney Christine

Mellett Bruce

Christine Viney Bruce Mellett and Patrick Schembri  Court upholds unlimited coverage for constructio

Commercial Litigation

Construction

Court upholds unlimited coverage for construction mitigation losses

Court Upholds Unlimited Coverage for Construction Mitigation Losses

Authors


Bennett Jones Article Court Upholds Unlimited Coverage for Construction Mitigation Losses March 31, 2021 Authors Christine A. VineyPartner E. Bruce Mellett KCPartner In Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65, the British Columbia Court of Appeal held that a professional liability insurance policy contained no monetary limit in relation to one component of its coverage. Specifically, while the policy included limits, these were found not to apply to loss mitigation coverage for a construction project worth approximately $400 million. Published by The Lawyer's Daily. 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 Christine A. Viney, Partner Calgary • 403.298.8145 • vineyc@bennettjones.com E. Bruce Mellett KC, Partner Calgary • 403.298.3319 • mellettb@bennettjones.com