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Gannon Beaulne

Litigation Lawyer at Bennett Jones Toronto

Partner

Thomas Feore

Commercial Litigation Lawyer at Bennett Jones Toronto

Associate

This article explores how courts continue to apply and refine the &ldquo;some basis in fact&rdquo; test for certifying common issues in class actions. Recent decisions illustrate that while expert evidence is not always required, plaintiffs must provide sufficient admissible evidence to support both the existence of common issues and their class-wide resolution. The rulings reinforce certification as a meaningful screening tool and provide guidance on evidentiary expectations going forward.

Some Basis in Fact for the Common Issues

Courts Continue to Apply and Refine the Test

Andrew N. Disipio

Mining & Corporate Finance Lawyer | M&A, Equity & Debt Deals

Doug Fenton

Simon Grant

Financial Services & Regulatory Lawyer

Partner 

The Supreme Court of Canada has granted leave to appeal a significant British Columbia case concerning mineral rights, Indigenous consultation and the application of UNDRIP in Canadian law. The decision will address whether courts can determine if provincial and federal legislation is consistent with UNDRIP and could have far-reaching implications for mineral claim acquisition, title certainty and natural resource project development across Canada. The ruling is expected to provide important guidance for mining companies, resource developers and Indigenous communities.

Supreme Court to Hear Landmark Case Involving Mineral Rights and Licensing Regimes

Geoffrey P. Stenger

Energy, Infrastructure & Construction Lawyer

Alexis Fol

Project Development, Energy and Infrastructure Lawyer at Bennett Jones Montreal

Canada&rsquo;s M&amp;A market entered 2026 with moderated activity but sustained underlying strength, as dealmakers adopted a more selective and strategic approach. Large transactions drove a significant share of total value, with energy, mining and infrastructure leading activity. As regulatory clarity improves and investor confidence builds, the market is well positioned for increased dealmaking through the remainder of the year.

Canadas Q1 2026 MA Landscape

Large Transactions and Sector Concentration Shape Early-2026 Dealmaking

Canada's Q1 2026 M&A Landscape

Sander A.J.R. Grieve KC

Global Mining Finance & M&A Lawyer

Sander Grieve and Andrew Disio examine the policy, regulatory and investment barriers affecting the sector and discuss what is needed for Canada to capture greater value from its mineral resources. They explore the risks of continued reliance on foreign processing and consider how Canada can strengthen its position in an increasingly competitive global market.

Canadian Mining Journal From Endowment to DependenceWhy Canada Still Ships Its Future Offshore

Canadian Mining Journal: From Endowment to Dependence—Why Canada Still Ships Its Future Offshore

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Andrew L. Jeanrie

Real Estate & Municipal Law Lawyer | Development & Approvals

Nathalie Hunter Heighington

Associate at Bennett Jones Vancouver

Part II of this three-part series examines Build Canada Homes&rsquo; Investment Policy Framework, including its priorities, eligible housing projects and partnership models. It explores how project readiness, affordability, scale, modular construction and cross-sector collaboration may position commercial real estate proponents to participate in BCH initiatives.

Part II How Build Canada Homes

Part II How Build Canada Homes Works: Investment Framework, Eligibility and Partnerships

Kristopher R. Hanc

M&A and Capital Markets Lawyer

Christopher J. Doucet

Corporate & Mining Lawyer | M&A & Corporate Finance

Aidyn Bhatia

Lawyer at Bennett Jones Toronto

The Canadian Securities Administrators (CSA) has launched a broad consultation on modernizing the regulation of public companies, examining venture issuer status, financial reporting, resale restrictions, material change reporting and alignment with U.S. developments. The Consultation Paper includes a proposed qualified institutional purchaser exemption that could provide eligible reporting issuers with greater flexibility to raise capital without traditional resale hold periods. Stakeholders have until November 13, 2026, to submit comments.

CSA Publishes Sweeping Consultation on Modernizing the Regulation of Public Companies

Meg Tweedlie

Director, Student Talent

Samuel Judson

Commercial Real Estate Lawyer at Bennett Jones Toronto

Change of control provisions in commercial leases can create uncertainty for both landlords and tenants, particularly where terms such as &ldquo;control&rdquo; and &ldquo;effective control&rdquo; are undefined. This article examines the Canadian legal landscape, key case law and Section 23 of Ontario&rsquo;s Commercial Tenancies Act, and offers practical considerations for drafting and negotiating change of control provisions. It also highlights potential carve-outs and strategies to reduce ambiguity and the risk of future disputes.

change of Control of Commercial Tenants Drafting

Change of Control of Commercial Tenants: Drafting, Interpretation and Practical Considerations

Morgan Sutherland

Associate 

Michael C. Smith

The United Nations has adopted the first global regulatory framework for Automated Driving Systems, establishing safety, cybersecurity, testing and monitoring requirements for Level 3, 4 and 5 automated vehicles. This article examines the framework&rsquo;s implications for Canada, including how Transport Canada may incorporate the requirements into domestic vehicle safety standards and what manufacturers and suppliers should consider as regulation evolves.

First Global Regulatory Framework For Autonomous Vehicles

First Global Regulatory Framework For Autonomous Vehicles: Key Takeaways For Canada And The Auto Industry

Martin Ignasiak KC

Energy & Industrial Projects Lawyer

Head of Energy Regulatory

Michael P. Theroux KC

Commercial Litigation, Arbitration & Energy Litigation Lawyer

Brynne Harding

Litigation Lawyer at Bennett Jones Calgary

The Supreme Court of Canada has resolved one of the most consequential questions left open by <em>Vavilov</em>, and which has divided jurisprudence in lower courts since then&mdash;whether judicial review is constitutionally guaranteed or can be barred by privative clauses.

Big Implications for Appeals from Administrative Tribunals

The Supreme Court Settles the Constitutional Floor for Judicial Review in Democracy Watch v Canada

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Bennett Jones Welcomes Our New Associates in Toronto

From the Same Authors