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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

Lincoln Caylor

Commercial Litigation and Fraud Lawyer

Partner 

Nathan J. Shaheen

Commercial Disputes and Financial Crimes Lawyer

Dylan A. Gallant

The federal government recently introduced <a href="https://www.parl.ca/DocumentViewer/en/45-1/bill/C-2/first-reading">Bill C-2</a>, which is known as the Strong Borders Act. It maintains certain proposed amendments to the <a href="https://www.canlii.org/en/ca/laws/stat/sc-2000-c-17/latest/sc-2000-c-17.html">Proceeds of Crime (Money Laundering) and Terrorist Financing Act</a> (the "PCMLTFA") introduced in the prior government's 2024 Fall Economic Statement and proposes various additional amendments.

The Strong Borders Act Seeks to Strengthen the Canadian AML Regime

The Strong Borders Act Seeks to Strengthen the Canadian Anti-Money Laundering Regime

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

Lincoln Caylor and Nathan J. Shaheen explore the evolving evidentiary threshold for Mareva injunctions in Canada in the Q2 2025 issue of Chambers Digest.

Chancery Lanes Chambers Digest

Mareva Injunctions in Canada: Now Easier to Get?

Jean Tessier

Commercial Transactions Lawyer

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 Canada's National Artificial Intelligence Strategy: AI for All.

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; 
<div>&nbsp;</div>

The H1 2026 PE Briefing

Mid-Year Insights on Deal Activity and the Road Ahead

Christine Plante

Employment Lawyer | HR Legal Counsel

Sara G. Parchello

Employment Lawyer at Bennett Jones Toronto

Tami Oguntona

Articling Student at Bennett Jones in Calgary 

Articling Student 

Bill C-31 proposes significant amendments to the Canada Labour Code that would prohibit most post-employment non-compete clauses and potentially other employment-related restrictions in federally regulated workplaces. While the legislation has not yet been enacted, employers should begin assessing the potential impact of the proposed changes, including the limited exemptions available for certain business transactions and senior executive roles.

Restricting Covenants in Federal Workplaces

Proposed Updates to Canada Labour Code Expected To Prohibit Post-Employment Restrictive Covenants

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Lincoln Caylor and Gannon Beaulne's Mandatory Minimum Sentence Article Discussed in Law Times

From the Same Authors