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Christine A. Viney

Commercial Litigation Lawyer at Bennett Jones Calgary

Partner

Kristos J. Iatridis

Corporate & Private Equity Lawyer | Oil Sands Projects

Captive insurance is gaining traction as organizations look for smarter, more resilient ways to finance risk. This overview explores how Alberta captives work, their benefits, and whether they may be a fit for your business.

Curious about Captives Youre Not Alone

Curious about Captives? You're Not Alone!

Margaret (Meg) Bennett

Commercial Litigation Lawyer at Bennett Jones Toronto

Kaamil Khalfan

Associate

The Supreme Court of Canada&rsquo;s decision in Emond v Trillium Mutual Insurance Co clarifies how insurance policies are interpreted when endorsements enhancing coverage conflict with policy exclusions. The Court confirmed that a guaranteed rebuilding cost endorsement does not extend coverage to costs expressly excluded, highlighting potential gaps for homeowners and the importance of reviewing policies holistically.

Emond Rebuilding Dreams or Interpreting Realities The Supreme Court Weighs In

Emond: Rebuilding Dreams or Interpreting Realities? The Supreme Court Weighs In

Ethan Z. Schiff

Class Actions & Commercial Litigation Lawyer

A plaintiff’s obligation to establish “some basis in fact” for a common issue is acknowledged as a low bar. Several Canadian appellate courts have, however, confirmed a “two-step test” as the standard analytical framework. Under the two-step test, plaintiffs must not only show that the proposed common issues can be answered across the class, but must also establish, as a matter of fact, that the proposed issues exist. The two-step test stands in contrast to a one-step test that considers only if the proposed common issue can be answered across the class.
The added requirement of proving the existence of proposed common issues means plaintiffs need sufficient factual evidence at the certification stage. Looking forward, representative plaintiffs may pursue innovative strategies to gather the evidence needed to meet their evidentiary burden. One such avenue, considered below, involves requesting pre-certification discovery.

Raising the Low Bar Plaintiffs Seek New Strategies to Prove Common Issues for Certification

Raising the “Low Bar”: Plaintiffs Seek New Strategies to Prove Common Issues for Certification 

Emrys Davis

 Partner and Class Actions National Practice Group Leader

Michael A. Eizenga L.S.M.

Leading Canadian Class Action Litigator

Partner 

Gannon Beaulne

Litigation Lawyer at Bennett Jones Toronto

In our 2025 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead.

Class Actions Looking Forward 2025

Class Actions: Looking Forward 2025

Carl Cunningham

Management-side Employment Lawyer

David Cassin

Employment Lawyer at Bennett Jones Toronto

Julia Horowitz

Lawyer at Bennett Jones Toronto

In Wigdor v. Facebook Canada Ltd., 2026 ONCA 572, the Ontario Court of Appeal clarified that equity-based compensation, including RSUs, may constitute a term or condition of employment that must be preserved during the statutory notice period under the Employment Standards Act, 2000. The decision highlights the need for employers to carefully review RSU forfeiture provisions and saving language to ensure compliance with employment standards legislation, while confirming that the threshold for punitive damages remains high.

RSU Forfeiture Revisited Ontario Court of Appeal Provides Important Guidance for Employers

RSU Forfeiture Revisited: Ontario Court of Appeal Provides Important Guidance for Employers

Alison G. FitzGerald

International Arbitration Lawyer

George W. H. Reid

International Trade, Investment and Public Procurement Lawyer at Bennett Jones Toronto

Sabrina A. Bandali

International Trade, Regulatory and Investment Lawyer

Canada has introduced a new round of retaliatory tariffs on $27.6 billion worth of US goods in response to the Trump administration's 50% tariffs on Canadian exports. The measures, effective September 8, 2026, include surtaxes ranging from 15% to 50% on a wide range of products, alongside remission programs and duty relief mechanisms for affected businesses.

Canadas Response to Trump Tariffs and Relief Measures

Canada's Response to Trump: Tariffs and Relief Measures

Simon Grant

Financial Services & Regulatory Lawyer

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

Lucas Stevens-Hall

Corporate Lawyer at Bennett Jones Toronto

The Bank of Canada has published its first enforcement decisions under the Retail Payment Activities Act (RPAA), all involving unregistered payment service providers and $0 administrative monetary penalties. The decisions provide early insight into the Bank&rsquo;s enforcement approach and highlight the importance of registration, proactive remediation and ongoing RPAA compliance.

Bank Of Canada Publishes First RPAApaa Enforcement Decisions Against Payment Service Providers

Bank Of Canada Publishes First RPAA Enforcement Decisions Against Payment Service Providers

Talia K. Bregman

Employment Services, National Practice Group Leader

After a series of conflicting decisions, the Court of Appeal for Ontario has clarified the enforceability of termination clauses in Ontario employment agreements through its recent decision in the dual appeals in Baker v Van Dolder&rsquo;s Home Team Inc. and Li v Wayfair Canada ULC.

At Any Time and for Any Reason is Here to Stay

Ontario Court of Appeal Restores Common Sense to Termination Clauses in Ontario Employment Agreements

"At Any Time" and "For Any Reason" is Here to Stay

Michelle F. Yung

Real Estate Lawyer at Bennett Jones Vancouver

Andrew L. Jeanrie

Real Estate & Municipal Law Lawyer | Development & Approvals

Nathalie Hunter Heighington

Associate at Bennett Jones Vancouver

Part II of this three-part series examines Build Canada Homes&rsquo; Investment Policy Framework, including its priorities, eligible housing projects and partnership models. It explores how project readiness, affordability, scale, modular construction and cross-sector collaboration may position commercial real estate proponents to participate in BCH initiatives.

Part II How Build Canada Homes

Part II How Build Canada Homes Works: Investment Framework, Eligibility and Partnerships

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Christine Viney on CBC's Calgary Eyeopener

From the Same Authors