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Emrys Davis

Commercial Litigation, Competition and Class Action Lawyer at Bennett Jones Toronto

Partner

Michael A. Eizenga L.S.M.

Leading Canadian Class Action Litigator at Bennett Jones Toronto

Partner 

Gannon Beaulne

Litigation Lawyer at Bennett Jones Toronto

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

Ashley L. Paterson

Commercial Litigation Lawyer at Bennett Jones Toronto

The evidentiary burden on plaintiffs to have a case certified­—i.e., the “some basis in fact” standard—has been described as a “low bar” in countless cases. Plaintiffs cite the “low bar” in trying to certify their cases, and defendants respond with their own favourable quotes from the case law, noting that this evidentiary burden is not “merely a speed bump” and that the evidence required to support certification must be subject to something more than “superficial scrutiny”.

British Columbia Grapples With Evidentiary Issues and the Requirement for a Workable Methodology

Health Canada is proposing to amend the Food and Drug Regulations, <a rel="noopener noreferrer" href="https://laws.justice.gc.ca/eng/regulations/C.R.C.,_c._870/index.html" target="_blank">C.R.C., c.870</a> (the FDRs) and the Medical Device Regulations, <a rel="noopener noreferrer" href="https://laws-lois.justice.gc.ca/eng/regulations/sor-98-282/" target="_blank">SOR/98-282</a> (the MDRs) in an effort to avoid pharmaceutical and medical device shortages and discontinuances. Through a consultation process, Health Canada is seeking input on the proposed amendments and draft guides from manufacturers, distributors, wholesalers and other industry stakeholders.

Health Canada Consultation on Proposed Amendments to Address Drug and Medical Device

Health Canada Consultation on Proposed Amendments to Address Drug and Medical Device Shortages in Canada

In Bosco v Mentor Worldwide LLC, 2024 BCSC 1931, the plaintiffs alleged that Mentor's silicone gel-filled breast implants, MemoryGel, caused adverse health effects, including connective tissue disorders and autoimmune symptoms. They argued that Mentor did not adequately warn patients and surgeons about these risks and that Mentor breached consumer protection and competition legislation. Mentor consented to certain proposed common issues. The court agreed with Mentor that the remaining common issues should not be certified.

BC Supreme Court Denies Certification of Contested Common Issues in Mentor Breast Implant Litigation

B.C. Supreme Court Denies Certification of Contested Common Issues in Mentor Breast Implant Litigation

Simon Grant

Banking & Finance Lawyer, Fintech Lawyer at Bennett Jones Toronto

Jessica B. Horwitz

International Trade Lawyer, Customs Lawyer, Regulatory Lawyer, Anti-Corruption and Economic Sanctions Lawyer at Bennett Jones Toronto

Andrew Bozzato

Corporate, M&A, Securities Lawyer at Bennett Jones Toronto

FINTRAC imposed a record $176.9 million penalty on cryptocurrency exchange Cryptomus for thousands of AML/KYC violations. The case underscores regulators&rsquo; increasing focus on compliance, with additional sanctions from the BCSC for operating without registration. Exchanges serving Canadian clients must ensure strict adherence to AML, KYC and securities laws to avoid similar consequences.

176 9 million fine against cryptocurrency exchange from FINTRAC demonstrates costs of non compliance

C$176.9 Million Fine Against Cryptocurrency Exchange From FINTRAC Demonstrates Costs of Non-Compliance

David J. Wahl, FCIArb

Construction Arbitration & Litigation Lawyer at Bennett Jones Calgary

Christopher Petrucci

Commercial Litigation Lawyer at Bennett Jones Calgary

Alex Payne

The Ontario Superior Court in Feldt Electric Ltd v Gorbern Mechanical Contractors held that non-compliance with an adjudicator&rsquo;s determination does not automatically invalidate a lien. The decision underscores the importance of jurisdiction and procedural fairness in construction disputes under Ontario&rsquo;s prompt payment and adjudication regime.

Liening on Fairness

Lorelei Graham

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

Michelle Galati

Corporate Commercial and Securities Lawyer at Bennett Jones Toronto

Associate

Investment in agribusiness experienced a boom in the early 2020s, when investor enthusiasm for food security, supply chain resilience and agricultural innovation surged in the wake of the COVID-19 pandemic. Venture capital deployed unprecedented levels of funding into agrifood technology, while private equity groups targeted food processing, logistics and packaging platforms. At its peak, Canadian venture funding across the economy reached record highs in 2021 and 2022, and agribusiness was a direct beneficiary of that exuberance.

AI and Tech Are Powering Agribusiness Deal Flow

Kwang Lim

Corporate and Securities Lawyer at Bennett Jones Vancouver

Vancouver Managing Partner

Angela Blake

M&A, Securities and Corporate Finance Lawyer at Bennett Jones Toronto

Laura James

Corporate Lawyer at Bennett Jones Vancouver

M&amp;A activity in Canada rebounded in Q3 2025, with total deal value rising sharply year-over-year. Our update explores shifting deal structures, the rise of earnouts, cross-border dynamics, and the sectors driving growth.

Canadas Q3 2025 MA Landscape

Canada's Q3 2025 M&A Landscape

Dominique Carli

Commercial Transactions Lawyer at Bennett Jones Toronto

Wittington Investments has launched a C$100 million fund to support Canadian food producers with equity or debt financing. Success depends on legal readiness, from IP protection to governance, ensuring businesses are prepared to attract and secure investment.

Legal Readiness for Food Producers Navigating Wittington Investments C100M Fund

Legal Readiness for Food Producers: Navigating Wittington Investments’ C$100M Fund

American Bar Association Women in Litigation Joint Conference

From the Same Authors