Class Actions: 
Looking Forward 2026

The past year has continued to be an active one for class proceedings in Canada. More than 250 actions have been filed in courts across the country since the beginning of 2025. Quebec, Ontario and British Columbia continue to be the most active jurisdictions, and the Federal Court is also continuing to see a steady stream of proceedings. The types of claims being filed are varied, with consumer protection claims being among the most common alongside product liability, privacy, competition, securities, systemic negligence, artificial intelligence, employment and other claims. 

With the continued volume of filings, it is no surprise that the courts over the past year have had a chance to weigh in on class action issues that are significant to the defendants facing them. This 2026 edition of Class Actions: Looking Forward highlights some of the more notable developments that may shape the practice in 2026 and beyond.

We begin with key developments in significant subject matter areas of national importance. First, we take look at the rise in "drip pricing" cases that followed the 2022 amendments to the Competition Act. Two recent decisions in the Federal Court shed light on how courts are beginning to consider these claims both at certification and on the merits. Next, we reflect on the Supreme Court of Canada's decision in Lundin Mining Corporation v Markowich, which adopted a broad interpretation of what constitutes a “material change” under securities law, with possible implications on the nature and frequency of securities class actions in Canada. Finally, we reflect on a Federal Court decision finding that provincial consumer protection statutes restricting class action waivers and arbitration clauses do not apply to claims brought in Federal Court pursuant to federal law.

Next, we look at notable decisions that engage important issues being grappled with by courts and parties—with the courts reinforcing their important gatekeeper role at certification. One article examines three certification decisions in proposed privacy class actions in which courts took a hard look at privacy claims and refused certification in appropriate cases. Another reflects on two decisions in which courts applied the two-step test for the "some basis in fact" requirement for common issues, illustrating how courts are refining how that test is applied on the facts of a given case. The next article looks at the Federal Court's decision establishing the test for obtaining leave for public interest standing to bring a private right of action at the Competition Tribunal, reinforcing that any such application needs to be supported by sufficient evidence.

We conclude this edition with a survey of notable procedural developments—from the Federal Court's decision not to adopt an Ontario-style predominance threshold for certification, to the British Columbia Court of Appeal's affirmation that the rules of evidence are not relaxed at certification, to the Ontario Superior Court's decision to allow certification of an Ontario action notwithstanding the BC court's prior certification of a parallel overlapping proceeding. This survey highlights decisions that have the potential to shape the defence of class actions this year and beyond.

Bennett Jones' Class Actions Litigation Group