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Katherine Booth

Litigation Lawyer at Bennett Jones Vancouver

Partner

Jackson Spencer

Commercial Litigation Lawyer at Bennett Jones Vancouver

Associate

The BC Court of Appeal&rsquo;s decision in Syngenta AG v. Van Wijngaarden reaffirms that the rules of evidence are not relaxed at certification. The Court held that plaintiffs must rely on properly admissible, authenticated evidence and cannot use broad hearsay or unsourced documents to meet the &ldquo;some basis in fact&rdquo; standard.

BC Court of Appeal The Rules of Evidence Are Not Relaxed at Certification

BC Court of Appeal: The Rules of Evidence Are Not Relaxed at Certification 

Emma Arnold-Fyfe

Securities-related regulatory action regarding “AI washing” has been increasing in the United States, serving as a warning of potential future developments in Canada. AI washing, as defined by the Canadian Securities Administrators (the CSA), refers to an issuer making false, misleading or exaggerated claims about its use of AI systems in its products or services to capitalize on the growing use of and investor interest in AI systems. The CSA reported that it identified disclosure and promotional campaigns that included AI washing during its most recent continuous disclosure review program. We are also seeing securities class actions alleging AI washing being filed in the United States.

It All Comes Out in the Wash Regulatory Action on AI Washing Ramps Up

It All Comes Out in the Wash: Regulatory Action on AI Washing Ramps Up

Edward W. Hulshof

While applications for certification of class proceedings are commonplace, trials to decide certified common issues on their merits are comparatively rare. The decision in one such common issues trial was recently released in <a rel="noopener noreferrer" href="https://canlii.ca/t/k6hdk" target="_blank">Escobar v Ocean Pacific Hotels Ltd.</a>, 2024 BCSC 1575, in a class action brought on behalf of hourly employees of a Vancouver hotel who stopped receiving regular shifts after the outbreak of COVID-19. Success was split between class members and the defendant.

Mixed Success at The BC Supreme Court in Rare Common Issues Trial in Employment Class Action

Mixed Success at the B.C. Supreme Court in Rare Common Issues Trial in Employment Class Action 

British Columbia is often referred to as a "no costs" jurisdiction for class proceedings because section <a rel="noopener noreferrer" href="https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96050_01#section37" target="_blank">37</a> of the B.C. <a rel="noopener noreferrer" href="https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/96050_01" target="_blank">Class Proceedings Act</a> creates a presumptive no-costs regime in British Columbia for certification applications and after actions have been certified as class proceedings. This is in contrast to some other provinces, such as Ontario, where there is no such rule. However, two recent decisions from the British Columbia Supreme Court confirm that the normal cost rules still apply in British Columbia prior to certification, including to pre-certification applications that are heard concurrently with certification.

BC Supreme Court confirms that British Columbias no costs rule does not apply to precertification

B.C. Supreme Court Confirms that British Columbia's No-Costs Rule Does Not Apply to Pre-Certification Applications 

Ashley L. Paterson

Commercial Litigation Lawyer at Bennett Jones Toronto

Morgan Sutherland

Lawyer at Bennett Jones Toronto

Associate 

Health Canada has proposed amendments to the Medical Devices Regulations focused on modernizing the MDEL framework. The changes would affect importer&ndash;distributor relationships, mandatory supplier disclosures, and safety documentation requirements. This update summarizes the key proposals and their potential impacts on MDEL holders and applicants.

Health Canada Proposes Amendments to MDEL Holders and Applicants

Benjamin K. Reingold

Intellectual Property Litigation Lawyer at Bennett Jones Calgary

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

This article explores how Ad Standards Canada&rsquo;s Code applies to influencer marketing and AI-generated content, focusing on accuracy, disclosure and testimonial rules, along with best practices for compliance.

Canadian Code of Advertising Standards for Influencer Marketing

Canadian Code of Advertising Standards for Influencer Marketing: Key Clauses and Application to AI-Generated Content and Influencers 

Geoffrey P. Stenger

Project Development, Energy, Infrastructure and Construction Lawyer at Bennett Jones Calgary

Partner 

Patrick T. Maguire KC

Leading Canadian and International Energy and Commercial Transaction Lawyer at Bennett Jones Calgary

Vice Chair and Partner

Hon. John R. Baird P.C.

Senior Advisor at Bennett Jones, Former Canadian Foreign Minister

Senior Business Advisor

The 10th annual National Energy Roundtable brought industry leaders, policymakers and innovators together to discuss how Canada can strengthen its global energy competitiveness. Key themes included reducing regulatory uncertainty to accelerate major projects, leveraging LNG to enhance economic prosperity, and positioning Canada&rsquo;s energy resources as strategic assets in an uncertain geopolitical landscape. Bennett Jones partners moderated panels exploring these opportunities and shared insights on how Canada can execute a winning strategy for long-term energy leadership.

Making Canadas Energy Sector More Competitive

Making Canada's Energy Sector More Competitive: Key Takeaways From the National Energy Roundtable

Kristopher R. Hanc

M&A and Capital Markets Lawyer at Bennett Jones Toronto

John Lawless

Private Equity, M&A, Corporate and Securities Lawyer at Bennett Jones Calgary

James D. Beeby

Corporate Finance, M&A, Private Equity and Venture Capital Lawyer

The Supreme Court of Canada has released its much-anticipated decision in Lundin Mining Corp. v. Markowich, 2025 SCC 39, clarifying the definition of a "material change" under securities law and providing guidance on when a public company must disclose information to the market. The decision will have broad implications for public companies, their directors, officers, shareholders and other market participants.

Supreme Court of Canada Clarifies Scope of Securities Disclosure Obligations for Material Changes

Shifting Grounds: Supreme Court of Canada Clarifies Scope of Securities Disclosure Obligations for "Material Changes"

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Lamont Bartlett and Katherine Booth Named to Benchmark 40 and Under Hot List 2025

Lamont Bartlett and Katherine Booth Ranked in 2025 Benchmark Litigation 40 & Under Hot List

From the Same Authors

BC Court of Appeal: The Rules of Evidence Are Not Relaxed at Certification

It All Comes Out in the Wash: Regulatory Action on AI Washing Ramps Up

Mixed Success at the B.C. Supreme Court in Rare Common Issues Trial in Employment Class Action

Latest Insights

Health Canada Proposes Amendments to MDEL Holders and Applicants

Canadian Code of Advertising Standards for Influencer Marketing: Key Clauses and Application to AI-Generated Content and Influencers

BC Court of Appeal: The Rules of Evidence Are Not Relaxed at Certification

Making Canada's Energy Sector More Competitive: Key Takeaways From the National Energy Roundtable

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