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Emrys Davis

Competition & Antitrust Litigation Lawyer

Partner

Ana Nizharadze

Commercial Litigation Lawyer at Bennett Jones Toronto

Associate

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.

Quasi Class Actions at the Competition Tribunal

Tribunal Provides First Guidance on Requirements for Public Interest Standing  

Quasi-Class Actions at the Competition Tribunal

Ethan Z. Schiff

Class Actions & Commercial Litigation Lawyer

Jackson Spencer

Commercial Litigation Lawyer at Bennett Jones Vancouver

This article surveys significant procedural developments influencing class action litigation across Canada. Recent decisions address certification standards, delay dismissals, evidentiary rules and the management of multijurisdictional claims, reinforcing courts&rsquo; gatekeeping role. Together, these rulings provide practical guidance for defendants navigating evolving procedural challenges in 2026 and beyond.

Notable Procedural Developments Shaping Class Actions in 2026 and Beyond

What's Shaping Class Actions in 2026 and Beyond

Notable Procedural Developments 

In <em>Pedersen v. Advanced Bionics LLC</em>, the Ontario Superior Court of Justice certified a medical device class action but restricted damages to direct medical consequences to satisfy Ontario&rsquo;s predominance requirement. The decision reflects the court&rsquo;s willingness to narrow claims and class definitions to align with the province&rsquo;s stricter certification framework. It also signals potential limits on broader damages&mdash;such as socio-economic losses&mdash;where individualized issues would otherwise outweigh common ones.

Ontario Superior Court Limits Damages Claims

Ontario Superior Court Limits Damages Claims in Certifying Personal Injury Medical Device Class Action

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

Nina Butz

Litigation Lawyer at Bennett Jones Toronto

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

Privilege and Waiver: Disclosure Requirements for Parties in the Canadian Competition Bureau's Immunity and Leniency Programs

From the Same Authors

From First Price to Final Cost

Quasi-Class Actions at the Competition Tribunal

Notable Procedural Developments

Latest Insights

Restricting Covenants in Federal Workplaces

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

Courts Continue Close Scrutiny of Privacy Class Actions

From First Price to Final Cost

Stay Informed. Stay Ahead.