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Ethan Z. Schiff

Commercial Litigation Lawyer at Bennett Jones Toronto

Partner

Gina Azer

Associate

In Morrison v. Hatts Off Inc. et al., <a href="https://www.canlii.org/en/on/onsc/doc/2025/2025onsc4320/2025onsc4320.html?resultId=8760cfe00fe74ba295dbd14a85eefd84&searchId=2025-08-07T10:20:54:326/6e00332474ec4055bfefdf0fc1a88e76&searchUrlHash=AAAAAQBTImNsYXNzIHByb2NlZWRpbmdzIiBPUiAiY2xhc3MgYWN0aW9uIiBPUiAiYWN0aW9uIGNvbGxlY3RpdmUiIE9SICJyZWNvdXJzIGNvbGxlY3RpZiIAAAAAAQ">2025 ONSC 4320</a>, the Ontario Superior Court of Justice declined to order pre-certification discovery of sensitive Children’s Aid Society records in a proposed class action alleging systemic negligence and fiduciary breaches in children’s group homes

Ontario Superior Court Rejects Pre Certification Discovery

Ontario Superior Court Rejects Pre-Certification Discovery in Children's Homes Class Action

Mehak Kawatra

In Voltage Pictures v Robert Salna, <a href="https://canlii.ca/t/kd8qd">2025 FCA 131</a>, the Federal Court of Appeal addressed the preferable procedure criterion in the context of a defendants’ class proceeding. The plaintiffs sought to certify an action against a class of defendants and, despite objection, impose the burden on Mr. Salna to represent the interests of the defendant group (the representative defendant).

Federal Court of Appeal Dismisses

Federal Court of Appeal Dismisses Class Action Certification Due To Unavoidable Individualized Inquiries

Maisah Syed

The Ontario Court of Appeal has concluded that a client's influence over a service provider's processes does not establish an employment relationship between the client and the service provider's employees. The plaintiffs in Davis v. Amazon Canada Fulfillment Services, 2025 ONCA 421

No Common Employer Means No Class Action Ontario Court of Appeal

No Common Employer Means No Class Action—Ontario Court of Appeal

In Tokio Marine & Nichido Fire Insurance v Honda Canada, <a rel="noopener noreferrer" rel="noopener noreferrer" href="https://www.canlii.org/en/on/onsc/doc/2025/2025onsc2856/2025onsc2856.html" target="_blank">2025 ONSC 2856</a>, the Ontario Superior Court upheld an arbitral panel's conclusion that an umbrella insurance policy covered settled class counsel fees, but not settlement administration costs related to an enhanced recall. The underlying class action alleged airbag defects and the settlement provided certain benefits to reimburse class members. The decision reminds defendants that insurance may not cover a recall program within a settlement if the recall program does not respond to a risk that could actually result from litigation of a consumer claim.

What Class Action Settlement Costs Will A Defendants Insurer Cover

What Class Action Settlement Costs Will A Defendant's Insurer Cover? The Ontario Superior Court of Justice Provides Some Answers

Katelyn Weller

Counsel at Bennett Jones Toronto

Counsel

Carl Cunningham

Management-side Employment Lawyer at Bennett Jones Toronto

The 2025 Federal Budget proposes significant employment law changes, including restrictions on non-compete agreements and new measures to address worker misclassification and wage theft. Federally regulated employers should prepare for upcoming consultations in early 2026.

Federal Budget Proposals Affecting Employers

Andrew Bozzato

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

Simon Grant

Banking & Finance Lawyer, Fintech Lawyer at Bennett Jones Toronto

Partner 

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

Canada's federal budget was released on November 4, 2025 and included some much-anticipated news for fintech. In this latest edition of our Fintech in Canada quarterly update, we look at the key announcements in Budget 2025 for the sector, including the unleashing of stablecoins, fintech-focused changes to financial legislation and momentum for open banking and how fintechs can navigate the evolving landscape.&nbsp;

Fintech in Canada Q3 2025

Ahmed Elmallah

Intellectual Property Lawyer at Bennett Jones Edmonton

Counsel, Patent Agent, Trademark Agent

Lorelei Graham

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

Edward (Ted) Yoo

Intellectual Property Lawyer and Canada/US Patent and Trademark Agent at Bennett Jones Edmonton

Partner, Patent Agent, Trademark Agent

Recent disputes involving xAI, OpenAI and a former engineer highlight how quickly job transitions can escalate into trade-secret and IP risks. This article explains why every business needs a clear confidential information and intellectual property (CI&amp;IP) governance policy&mdash;and how such policies help prevent disputes, protect proprietary assets and ensure compliance with third-party obligations.

Why Every Business and StartUp Needs an Employee Governance Policy

X.AI Corp. v. OpenAI—Why Every Business (and Start-Up) Needs an Employee Governance Policy for Managing Confidential Business Information and IP Risk

Martin Ignasiak KC

Regulatory Lawyer at Bennett Jones Calgary

Ashley M. White

Corporate, Commercial Transactions, Power & Energy Lawyer at Bennett Jones Calgary

Jessica Kennedy

Budget 2025 sets out Canada&rsquo;s Climate Competitiveness Strategy, reaffirming goals to attract clean investment, strengthen carbon pricing systems and position the country as an emerging energy superpower. The Strategy details updates to emissions regulations, clean technology tax credits, critical mineral programs and major project approvals, offering new signals for investors and industry.

Canadas Budget 2025 Canadas Climate Competitiveness Strategy

Canada's Budget 2025: Canada's Climate Competitiveness Strategy

J. Sébastien A. Gittens

Intellectual Property and Technology Commercialization Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

AI is rapidly integrating into enterprise workflows, yet vendor agreements often lag behind in safeguarding organizational risk. This article highlights the hidden hazards in standard AI terms and conditions, including data usage, IP ownership, liability limits and regulatory compliance gaps and outlines strategies to strengthen contractual oversight.

Sakina Babwani	OBA Council, Toronto Regional Member
Jordan Fremont	Pensions and Benefits Law – Member at Large
Ethan Schiff	Class Actions Law – Member at Large
Kathleen Wang	International Law – Member at Large
Venetia Whiting	Environmental Law – Vice-Chair

Five Bennett Jones Lawyers Elected or Elevated to the Ontario Bar Association

From the Same Authors