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Gannon Beaulne

Litigation Lawyer at Bennett Jones Toronto

Partner

Thomas Feore

Commercial Litigation Lawyer at Bennett Jones Toronto

Associate

Maisah Syed

The Court of Appeal for Ontario has certified a class action against the manufacturer of a stolen handgun used to carry out the 2018 mass shooting on Danforth Avenue in Toronto, reversing in part the motion judge’s decision below.

Court of Appeal Certifies Negligence Claim Against Gun Manufacturer for Mass Shooting

Christine A. Viney

Commercial Litigation Lawyer at Bennett Jones Calgary

Ethan Z. Schiff

Sidney (Sid) Brejak

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 

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

Edward W. Hulshof

Commercial Litigation Lawyer at Bennett Jones Vancouver

The Supreme Court of Canada (SCC) has endorsed the constitutionality of British Columbia (BC) legislation empowering the province to seek recovery of opioid epidemic healthcare costs in a proposed class action brought on behalf of multiple Canadian governments.
In Sanis Health Inc v British Columbia, <a rel="noopener noreferrer" href="https://www.canlii.org/en/ca/scc/doc/2024/2024scc40/2024scc40.html" target="_blank">2024 SCC 40</a>, a majority of the SCC held that constitutional territorial limits on provincial legislative competence did not prevent BC from creating a direct statutory cause of action that it can pursue in a proposed class action on behalf of the federal and other provincial governments, subject to the right to opt out of the proceeding.

Supreme Court Approves Constitutionality of Multi Crown Class Action

Supreme Court Approves Constitutionality of Multi-Crown Class Action

Katherine Booth

Litigation Lawyer at Bennett Jones Vancouver

Jackson Spencer

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"

William S. Osler KC

Capital Markets, Securities, M&A and Corporate Governance Lawyer at Bennett Jones Calgary

Mia Bacic

Corporate and Securities Lawyer at Bennett Jones Vancouver

Ali J. Naushahi

Securities, Corporate Finance, Mergers and Acquisitions and Mining Lawyer at Bennett Jones Toronto

The CSA&rsquo;s new online consultation tool offers a more efficient way for stakeholders to provide input on proposed securities regulations. Users can submit feedback via a guided form or upload a comment letter, ensuring a centralized and simplified process.

CSA Launches New Tool for Public Consultations

The CSA has released proposed amendments to NI 52-112 to align disclosure requirements with IFRS 18. The changes would update the definition of non-GAAP financial measures to include management-defined performance measures, introduce prominence requirements for additional subtotals disclosed outside financial statements, and allow certain information to be incorporated by reference. Comments are invited until February 11, 2026.

CSA Requests Comments on Proposed Amendments

CSA Requests Comments on Proposed Amendments to Non-GAAP and Other Financial Measures Disclosure Requirements

Title Alphabetical

Title

BennettJones

Beaulne Gannon

Brejak Sidney

Class Action Litigation

The Ethical Debate over Incentive Payments to Representative Plaintiffs in the US and Canada

The Ethical Debate over Incentive Payments to Representative Plaintiffs in the U.S. and Canada

Authors


Bennett Jones Article The Ethical Debate over Incentive Payments to Representative Plaintiffs in the U.S. and Canada February 29, 2024 Authors Gannon BeaulnePartner Sidney (Sid) BrejakAssociate Gannon Beaulne and Sidney Brejak authored an article for the ABA on The Ethical Debate over Incentive Payments to Representative Plaintiffs in the U.S. and Canada. The article highlighted the following points: Courts in the United States and Canada may award extra compensation to representative plaintiffs after class action settlements. This incentive aims to bridge the gap in compensation, acknowledging the additional responsibilities they undertake. Recent debates scrutinize the ethical implications, with courts in both countries showcasing different stances. While valuable, incentive payments demand cautious implementation to maintain the integrity of the legal system. 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 Gannon Beaulne, Partner Toronto • 416.777.4805 • beaulneg@bennettjones.com Sidney (Sid) Brejak, Associate Toronto • 416.777.7840 • brejaks@bennettjones.com