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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

Katherine Booth

Litigation Lawyer at Bennett Jones Vancouver

This edition of Class Actions: Looking Forward examines key legal and procedural developments shaping class action litigation in Canada heading into 2026. It highlights emerging trends across areas such as drip pricing, securities law, privacy, and competition, while exploring how courts are refining certification standards and evidentiary requirements. Together, these insights provide practical guidance on the evolving litigation landscape and what defendants can expect in the year ahead.

Class Actions Looking Forward 2026

Class Actions: Looking Forward 2026

Michael A. Eizenga L.S.M.

Leading Canadian Class Action Litigator

Partner 

Pascale Dionne-Bourassa

Commercial Litigation & Trial Lawyer

Montréal Managing Partner

Bennett Jones partners <a href="/People/E/Eizenga-Michael">Michael Eizenga</a>, <a href="/People/D/Dionne-Bourassa-Pascale">Pascale Dionne-Bourassa</a>&nbsp;and <a href="/People/B/Booth-Katherine">Katherine Booth</a>&nbsp;have co-authored The Canadian Class Actions Handbook, published by LexisNexis. Building on The Class Actions Handbook released in 2022, this new edition brings together the core principles of class proceedings law and provides essential coverage of recent developments across Ontario, Quebec, British Columbia and the Federal Court.

The Canadian Class Actions Handbook

Nina Butz

In RateMDs Inc. v. Bleuler, 2025 BCCA 329, the BC Court of Appeal overturned certification of a proposed privacy class action, finding that the plaintiff's novel claims that use of health professionals' names violated their privacy and amounted to commercial exploitation under provincial privacy statutes were bound to fail.

BC Court of Appeal dismisses proposed privacy class action

BC Court of Appeal Dismisses Proposed Privacy Class Action; Finds Use of Professionals' Names Was Not Commercial Exploitation 

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

Ruth E. Promislow

Privacy, Cybersecurity & AI Lawyer

Caroline Poirier

IT, Privacy & Data Protection Lawyer

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

Jackson Spencer

Commercial Litigation Lawyer at Bennett Jones Vancouver

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

Emrys Davis

Competition & Antitrust Litigation Lawyer

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.

From First Price to Final Cost Drip Pricing Cases on the Rise

"Drip Pricing" Cases on the Rise

From First Price to Final Cost

Lukas VanDusen

Competition & Antitrust Lawyer | Foreign Investment

This article reviews the Competition Tribunal&rsquo;s first decision interpreting the new public interest standing provisions under the Competition Act. It establishes a three-part test for leave and emphasizes the need for a strong evidentiary record, including a viable litigation plan and demonstrated capacity to pursue complex claims. The decision underscores the Tribunal&rsquo;s gatekeeping role while providing guidance for future applicants and respondents.

Four Bennett Jones Lawyers Honoured in Benchmark 40 & Under Hot List 2024

From the Same Authors