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Ethan Z. Schiff

Commercial Litigation Lawyer at Bennett Jones Toronto

Partner

Gina Azer

Associate

In Morrison v. Hatts Off Inc. et al., <a href="https://www.canlii.org/en/on/onsc/doc/2025/2025onsc4320/2025onsc4320.html?resultId=8760cfe00fe74ba295dbd14a85eefd84&searchId=2025-08-07T10:20:54:326/6e00332474ec4055bfefdf0fc1a88e76&searchUrlHash=AAAAAQBTImNsYXNzIHByb2NlZWRpbmdzIiBPUiAiY2xhc3MgYWN0aW9uIiBPUiAiYWN0aW9uIGNvbGxlY3RpdmUiIE9SICJyZWNvdXJzIGNvbGxlY3RpZiIAAAAAAQ">2025 ONSC 4320</a>, the Ontario Superior Court of Justice declined to order pre-certification discovery of sensitive Children’s Aid Society records in a proposed class action alleging systemic negligence and fiduciary breaches in children’s group homes

Ontario Superior Court Rejects Pre Certification Discovery

Ontario Superior Court Rejects Pre-Certification Discovery in Children's Homes Class Action

Mehak Kawatra

In Voltage Pictures v Robert Salna, <a href="https://canlii.ca/t/kd8qd">2025 FCA 131</a>, the Federal Court of Appeal addressed the preferable procedure criterion in the context of a defendants’ class proceeding. The plaintiffs sought to certify an action against a class of defendants and, despite objection, impose the burden on Mr. Salna to represent the interests of the defendant group (the representative defendant).

Federal Court of Appeal Dismisses

Federal Court of Appeal Dismisses Class Action Certification Due To Unavoidable Individualized Inquiries

Maisah Syed

The Ontario Court of Appeal has concluded that a client's influence over a service provider's processes does not establish an employment relationship between the client and the service provider's employees. The plaintiffs in Davis v. Amazon Canada Fulfillment Services, 2025 ONCA 421

No Common Employer Means No Class Action Ontario Court of Appeal

No Common Employer Means No Class Action—Ontario Court of Appeal

In Tokio Marine & Nichido Fire Insurance v Honda Canada, <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/on/onsc/doc/2025/2025onsc2856/2025onsc2856.html" target="_blank">2025 ONSC 2856</a>, the Ontario Superior Court upheld an arbitral panel's conclusion that an umbrella insurance policy covered settled class counsel fees, but not settlement administration costs related to an enhanced recall. The underlying class action alleged airbag defects and the settlement provided certain benefits to reimburse class members. The decision reminds defendants that insurance may not cover a recall program within a settlement if the recall program does not respond to a risk that could actually result from litigation of a consumer claim.

What Class Action Settlement Costs Will A Defendants Insurer Cover

What Class Action Settlement Costs Will A Defendant's Insurer Cover? The Ontario Superior Court of Justice Provides Some Answers

Luke Morrison

Energy Project Development, M&A, and Commercial Transaction Lawyer at Bennett Jones Calgary

Ashley M. White

Corporate, Commercial Transactions, Power & Energy Lawyer at Bennett Jones Calgary

Pamela Clark

Lawyer at Bennett Jones Calgary 

Associate 

On June 6, 2025, the federal government introduced Bill C-5, An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act, which proposes new legislation aimed at strengthening Canada's economy by removing interprovincial trade and labour mobility barriers and advancing major projects.

Wind In The Sails of Canadian Energy Project Development

Wind In The Sails of Canadian Energy Project Development: Major Projects Office Open For Business, and Details of Fast-Tracked Projects Emerging

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

J. Sébastien A. Gittens

Intellectual Property and Technology Commercialization Lawyer at Bennett Jones Calgary

AI transcription tools offer efficiency and accuracy in the boardroom but create risks to confidentiality, privacy and legal privilege. Organizations should adopt clear policies, safeguards and training to ensure responsible use and compliance with governance standards.

AI Notetaking in the Boardroom

Lorelei Graham

Food and Agribusiness Lawyer, IP Lawyer, Litigation Lawyer at Bennett Jones Toronto

The United States Patent and Trademark Office's decision to cancel its Climate Change Mitigation pilot program for patents has not gone unnoticed in Canada. For Canadian policymakers and agri-tech innovators, this move by the United States raises two big questions: (1) How might this affect Canada&rsquo;s own intellectual property&nbsp; strategy for green tech, and (2) could it create opportunities for Canada (and others) to take the lead in certain climate-tech domains?
A particular area of interest is carbon-capture agri-tech, technologies that help farming not just reduce emissions but actively capture carbon (for instance, special crops or soil treatments that lock away carbon dioxide or farm machinery that traps greenhouse gases). These innovations are crucial for meeting climate goals and could become a competitive arena internationally.

Fast Tracks and Green Gaps Part IV

Fast Tracks and Green Gaps Part IV: Shifting Gears: How the United States' Exit from Climate Protection Fuels Canada's IP Advantage

Martin Ignasiak KC

Regulatory Lawyer at Bennett Jones Calgary

Jessica Kennedy

Larissa D. Lees

Alberta&rsquo;s updated self-supply rules create new opportunities for on-site power generation. This blog highlights key regulatory issues, risks, and opportunities developers need to consider.

So You Want to Supply Your Own Power Key Considerations for On Site Generation in Alberta

So You Want to Supply Your Own Power: Key Considerations for On-Site Generation in Alberta

Across the Atlantic, the European Union (EU) and its member states have also been encouraging climate-resilient agri-tech innovation, but their approach to intellectual property incentives has been a bit different. The European Union has set ambitious climate goals (like achieving climate neutrality by 2050) and launched the European Green Deal, a broad policy agenda to support sustainable technologies. While funding and regulations (such as support for sustainable farming practices) are big parts of the EU strategy, there is also recognition that IP rights play an important role in fostering innovation. However, unlike Canada or the recent US pilot program, Europe has not implemented a unified “green channel” for patent examination at the European Patent Office.

Fast Tracks and Green Gaps Part III

Fast Tracks and Green Gaps Part III: Green Without the Label: Europe's Pragmatic IP Approach to Agri-Tech Innovation

No Compensable Harm, No Class Action

Authors


Bennett Jones Article No Compensable Harm, No Class Action April 26, 2022 Authors Ethan Z. SchiffPartner Ethan Schiff writes "No Compensable Harm, No Class Action," published by the Ontario Bar Association. The British Columbia Supreme Court recently held that failure to provide evidence of compensable harm at certification may preclude certification of a class action. The article considers other cases across Canada that have made similar determinations. The full article can be found on the Ontario Bar Association website. Share by Email Social Media Download Download Subscribe Republishing Requests For permission to republish this or any other publication, contact Amrita Kochhar at kochhara@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 Ethan Z. Schiff, Partner Toronto • 416.777.5513 • schiffe@bennettjones.com