People

Services

Industries

Firm

About

Knowledge

Careers

News

Events

Contact

Connect

Privacy Policy

Manage Cookies

Disclaimer

Terms of Use

Accessibility

Payments

Legal

Calgary

Toronto

Edmonton

Ottawa

Vancouver

New York

Montréal

Emrys Davis

 Partner and Class Actions National Practice Group Leader

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

Cheryl M. Woodin

Commercial Litigation & Trial Lawyer

Kolding Larson

Commercial Transactions Lawyer

The Federal Court dismissed a proposed C$5B class action alleging a nationwide conspiracy to fix generic drug prices, finding no basis in fact and denying certification. The decision underscores the Court&rsquo;s gatekeeping role and confirms that US enforcement actions and generalized market theories are insufficient to support competition claims in Canada without clear, particularized evidence.

Federal Court Dismisses 5 Billion Generic Drug Price Fixing Class Action

Federal Court Dismisses C$5 Billion Generic Drug Price-Fixing Class Action 

Melanie L. Aitken

Antitrust & Competition Law Advisor

Managing Principal, Bennett Jones (US) LLP

In Martin v. Alphabet, the Competition Tribunal issued its first decision interpreting the new public-interest pathway for private access under section 103.1(7) of the Competition Act. While affirming an intention to broaden access, the Tribunal articulated a flexible but rigorous three-part framework that places real weight on evidence, genuine interest and the applicant&rsquo;s capacity to prosecute complex competition cases. The decision underscores that public interest alone is insufficient without a coherent, Canada-focused evidentiary record and a credible litigation plan.

Martin v Alphabet Tribunal Sets

Martin v. Alphabet: Tribunal Sets the Public Interest Leave Framework—Evidence and Capacity Now the Gatekeepers

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

Partner 

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

Title Alphabetical

Title

normal

Emrys Davis in the Financial Post on Expert Evidence in Class Actions

From the Same Authors