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Ethan Z. Schiff

Commercial Litigation Lawyer at Bennett Jones Toronto

Partner

Maisah Syed

Associate

In David v. Loblaw Companies Limited, the Ontario Court of Appeal confirms that a certification denial for failure to plead a cause of action is final and barred by res judicata. Absent narrow exceptions, plaintiffs cannot amend pleadings to relitigate certification and must pursue an appeal.

Ontario Court of Appeal Says that Plaintiffs Cannot Amend Instead of Appeal

Morgan Sutherland

Lawyer at Bennett Jones Toronto

Associate 

Health Canada has released a Notice of Intent proposing new safety requirements for certain lithium-ion battery consumer products under the CCPSA. The proposed framework would introduce mandatory safety standards, with exemptions for specific regulated products, and is now open for stakeholder consultation until February 14, 2026.

Incoming Lithium Ion Battery Regulations Health Canada Wants to Hear from You

Incoming Lithium-Ion Battery Regulations—Health Canada Wants to Hear from You 

Gina Azer

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

Leanne C. Krawchuk KC

Corporate, Mining & Construction Lawyer | Capital Markets

Partner, Corporate

James T. McClary

Private Equity and M&A Lawyer at Bennett Jones Calgary

Private equity investment in mining has grown over the past decade, driven largely by opportunities in mining sub-industries such as materials, software and industrial machinery despite persistent risk and scalability concerns. The article analyzes global and Canadian deal trends, structures and strategies, offering insights on where PE capital is being deployed and the outlook for investors and mining companies.

Private Equity Investment in Mining

Robert W. Staley

Securities & Commercial Litigation Lawyer | Shareholder Disputes

Vice Chair and Partner

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

Sophia DiNicolo

The Ontario Superior Court in Dziedziejko v Canopy Growth held that materiality may be inferred from a significant share price drop following corrective disclosure, granting leave to pursue secondary market misrepresentation claims. The decision signals a potential shift from contextual materiality analysis and raises challenges for issuers with volatile share prices. 
<div>&nbsp;</div>

Inferring Materiality from Share Price Movement Dziedziejko v Canopy Growth

Inferring Materiality from Share Price Movement: Dziedziejko v Canopy Growth

Jonathan Hillson

Commercial Litigation Lawyer at Bennett Jones Edmonton

Alex Payne

Prompt payment and dispute resolution reforms are changing how construction project participants are to be paid, their disputes determined and when liens are to be filed and holdbacks released.

Updates to Prompt Payment Legislation

An At-a-Glance Comparison: Have You Been Keeping Up with All the Changes?

Updates to Prompt Payment Legislation in Ontario, British Columbia and Alberta

Natalia E. Iamundo

Commercial Real Estate Lawyer at Bennett Jones Toronto

Canada&rsquo;s proptech sector is entering a new phase marked by disciplined growth, scaled AI implementation and deeper public-private collaboration. The 2026 Proptech in Canada report highlights a funding reset, a shift from AI experimentation to real-world deployment and significant government investment aimed at addressing housing affordability.

Building the Future Canadas 2026 Proptech Evolution

Building the Future: Canada's 2026 Proptech Evolution

Mark V. Lewis

Commercial Real Estate Lawyer at Bennett Jones Vancouver

Melanie Teetaert

Commercial Litigation Lawyer at Bennett Jones Vancouver

Harpreet Sidhu

Commercial Real Estate Lawyer | Property Transactions & Leasing

In Culos Development (1996) Inc. v. Baytalan, 2025 BCCA 265, the British Columbia Court of Appeal ordered specific performance for breach of an option to purchase, overturning the trial decision. The Court held that substantial pre-development work and limited market substitutes can establish a property&rsquo;s uniqueness, confirming that there is no presumption of replaceability in real estate disputes.

British Columbia Court of Appeal Awards Specific

British Columbia Court of Appeal Awards Specific Performance in Culos Development (1996) Inc. v. Baytalan, 2025 BCCA 265

Canada: Arbitration

From the Same Authors