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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

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

Emrys Davis

Competition & Antitrust Litigation Lawyer

Michael A. Eizenga L.S.M.

Leading Canadian Class Action Litigator

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

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

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

Suzie Suliman

Commercial Transactions Lawyer at Bennett Jones Toronto

Associate, Trademark Agent

The 2025 GPEN Sweep highlights growing global scrutiny of how digital platforms handle children&rsquo;s personal information, revealing increased data collection alongside limited safeguards. While improvements have been made in areas such as account deletion, significant gaps remain in effective age assurance, transparency, and protective design. The findings signal that regulators are likely to intensify guidance and enforcement efforts to better protect children&rsquo;s privacy online.

Global Privacy Sweep Highlights Growing Expectations for Childrens Privacy Online

Global Privacy Sweep Highlights Growing Expectations for Children's Privacy Online

Nina Butz

Jackson Spencer

This article highlights recent decisions demonstrating courts&rsquo; strict approach to certifying privacy class actions in Canada. It shows how failures to establish an identifiable class, viable claims, or compensable harm can be fatal at certification. The rulings reaffirm courts&rsquo; gatekeeping role and signal continued challenges for plaintiffs advancing privacy-based claims.

Courts show Continued Commitment to Closely Scrutinizing Proposed Privacy Class Actions

Recent Decisions Reinforce Certification Challenges

Courts Continue Close Scrutiny of Privacy Class Actions

Ana Nizharadze

This article examines the growing wave of drip pricing class actions following recent amendments to the Competition Act. It analyzes key Federal Court decisions that clarify how courts assess &ldquo;unattainable prices,&rdquo; fixed and obligatory fees, and damages at the certification stage. With several appeals and new cases underway, these rulings offer early guidance on how disclosure obligations may evolve in 2026 and beyond.

The CCF's 2015 Law and Freedom Conference

From the Same Authors