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Emrys Davis

Competition & Antitrust Litigation Lawyer

Partner

Ana Nizharadze

Commercial Litigation Lawyer at Bennett Jones Toronto

Associate

This article examines the growing wave of drip pricing class actions following recent amendments to the Competition Act. It analyzes key Federal Court decisions that clarify how courts assess &ldquo;unattainable prices,&rdquo; fixed and obligatory fees, and damages at the certification stage. With several appeals and new cases underway, these rulings offer early guidance on how disclosure obligations may evolve in 2026 and beyond.

From First Price to Final Cost Drip Pricing Cases on the Rise

"Drip Pricing" Cases on the Rise

From First Price to Final Cost

Lukas VanDusen

Competition & Antitrust Lawyer | Foreign Investment

This article reviews the Competition Tribunal&rsquo;s first decision interpreting the new public interest standing provisions under the Competition Act. It establishes a three-part test for leave and emphasizes the need for a strong evidentiary record, including a viable litigation plan and demonstrated capacity to pursue complex claims. The decision underscores the Tribunal&rsquo;s gatekeeping role while providing guidance for future applicants and respondents.

Quasi Class Actions at the Competition Tribunal

Tribunal Provides First Guidance on Requirements for Public Interest Standing  

Quasi-Class Actions at the Competition Tribunal

Cheryl M. Woodin

Commercial Litigation & Trial Lawyer

Kolding Larson

Commercial Transactions Lawyer

The Federal Court dismissed a proposed C$5B class action alleging a nationwide conspiracy to fix generic drug prices, finding no basis in fact and denying certification. The decision underscores the Court&rsquo;s gatekeeping role and confirms that US enforcement actions and generalized market theories are insufficient to support competition claims in Canada without clear, particularized evidence.

Federal Court Dismisses 5 Billion Generic Drug Price Fixing Class Action

Federal Court Dismisses C$5 Billion Generic Drug Price-Fixing Class Action 

Melanie L. Aitken

Antitrust & Competition Law Advisor

Managing Principal, Bennett Jones (US) LLP

In <em>Martin v. Alphabet</em>, the Competition Tribunal issued its first decision interpreting the new public-interest pathway for private access under section 103.1(7) of the Competition Act. While affirming an intention to broaden access, the Tribunal articulated a flexible but rigorous three-part framework that places real weight on evidence, genuine interest and the applicant&rsquo;s capacity to prosecute complex competition cases. The decision underscores that public interest alone is insufficient without a coherent, Canada-focused evidentiary record and a credible litigation plan.

Martin v Alphabet Tribunal

Martin v. Alphabet: Tribunal Sets the Public Interest Leave Framework—Evidence and Capacity Now the Gatekeepers

Keely Cameron

Litigation Lawyer at Bennett Jones Calgary

Gracie Boser

Articling Student

<p>The Alberta Court of Appeal has clarified the nature of co-lessee liability for unpaid Crown royalties under the Mines and Minerals Act. In two companion decisions, the Court confirmed that co-lessees are jointly (not jointly and severally) liable, meaning a claim extinguished against one may impact all. The decisions also address how vesting orders and insolvency stays affect the Crown&rsquo;s ability to pursue royalty arrears.</p>

Vesting Order Bars Claims

 However Co-Lessee Liability for Unpaid Crown Royalties May Remain

Vesting Order Bars Claims for Unpaid Crown Royalties

Jean Tessier

Alison G. FitzGerald

International Arbitration Lawyer

Andrew Bozzato

Corporate, M&A, Securities Lawyer at Bennett Jones Toronto

In mid-February, the federal government launched Canada's first <a rel="noopener noreferrer" href="https://www.canada.ca/en/department-national-defence/corporate/reports-publications/industrial-strategy/security-sovereignty-prosperity.html" target="_blank" id="Defence Insdustrial Strategy | Government of Canada">Defence Industrial Strategy</a>, aiming to transform the Canadian defence industry by prioritizing Canadian suppliers and materials, investing in Canadian innovation and commercialization, and streamlining procurement.

Impacts of the Federal Defence Industrial Strategy on the Canadian MA Landscape

Impacts of the Federal Defence Industrial Strategy on the Canadian M&A Landscape

Brian P. Reid

Construction & Energy Litigation Lawyer

Kaamil Khalfan

Commercial Litigation Lawyer at Bennett Jones Calgary

Aaron Tell

Lawyer at Bennett Jones Calgary 

Associate 

The Alberta Court of King's Bench has clarified that the two-year trial deadline under the Prompt Payment and Construction Lien Act does not apply once a construction lien and certificate of lis pendens have been discharged from title through the posting of security. In 1951789 Alberta Ltd v Britannia Block General Partnership Inc., the Court confirmed that section 46(2) applies only where a lien and CLP remain registered against the land. The decision provides important guidance for parties involved in construction lien disputes and highlights the distinction between statutory lien remedies and delay-based applications under the Alberta Rules of Court.

Security Measures The Alberta Court of Kings Bench Clarifies

Security Measures: The Alberta Court of King's Bench Clarifies the Law of Lien Security

J. Sébastien A. Gittens

Technology Lawyer & Trademark Agent

Partner, Trademark Agent

Ruth E. Promislow

Privacy, Cybersecurity & AI Lawyer

Caroline Poirier

IT, Privacy & Data Protection Lawyer

On June 15, 2026, the federal government introduced Bill C-36 to modernize Canada&rsquo;s federal private sector privacy laws and continue the implementation of <em>Canada's National Artificial Intelligence Strategy: AI for All</em>.

Bill C 36 and Canadian Privacy Reform

Five Things Businesses Should Know Now

Bill C-36 and Canadian Privacy Reform

Matthew J. Hunt

Corporate Lawyer at Bennett Jones Toronto

Elizabeth K. Dylke

Corporate and Private Funds Lawyer

John Lawless

Corporate & Securities Lawyer | Private Equity

Globally, private equity markets have moderated in the first half of 2026 as new and ongoing geopolitical developments are shifting the calculus on dealmaking. However, selectivity, discipline and creativity continue to generate deals, with North America attracting the lion's share of private market activity. At the year's midpoint, there is good reason to believe that the back half of 2026 will see a rallying of activity, especially in select sectors like IT, infrastructure and energy.&nbsp;<br />
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Focusing on What Matters: The Court Refuses to Grant Broad Section 11 Orders in the Commissioner's Bell/MTS Inquiry

From the Same Authors