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Robert W. Staley

Securities & Commercial Litigation Lawyer | Shareholder Disputes

Vice Chair and Partner

Doug Fenton

Litigation Lawyer at Bennett Jones Toronto

Partner

Sophia DiNicolo

Lawyer at Bennett Jones Toronto

Associate 

The Ontario Superior Court in <em>Dziedziejko v Canopy Growth</em> 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.<br />
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Inferring Materiality from Share Price Movement Dziedziejko v Canopy Growth

Inferring Materiality from Share Price Movement: Dziedziejko v Canopy Growth

Kristopher R. Hanc

M&A and Capital Markets Lawyer

John Lawless

Corporate & Securities Lawyer | Private Equity

James D. Beeby

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

<p>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.</p>

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"

Amanda C. McLachlan

Corporate & Regulatory Lawyer | Disputes, Investigations & Compliance

The Ontario Court of Appeal&rsquo;s decision in <em>Binance v. OSC</em> clarifies the limits of the OSC&rsquo;s investigative powers and the Charter protections available in securities investigations. While the Court rejected a constitutional right to challenge a summons before compliance, it found the summons issued to Binance overbroad and unconstitutional. The ruling offers important guidance for market participants on regulatory scrutiny, the scope of document production, and the viability of judicial review.

Court of Appeal Addresses Scope of Charter Review in Securities Investigations

Binance v. OSC: Court of Appeal Addresses Scope of Charter Review in Securities Investigations 

David Cassin

Employment Lawyer at Bennett Jones Toronto

In McPherson v Global Growth Assets Inc., the Ontario Superior Court interpreted the no-reprisal provisions of the Securities Act for the first time, awarding more than $5.3 million to a CEO who was terminated after raising compliance concerns. The decision underscores the strength of the Act&rsquo;s protections for employees who engage in protected activities and highlights the significant risk to employers of taking disciplinary action without clear, documented justification.

Ontario Securities Act No Reprisal Provisions Results in 53 Million Award to CEO

Ontario Securities Act No-Reprisal Provisions Results in C$5.3 Million Award to CEO: A Warning to Regulated Employers

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

Emrys Davis

Competition & Antitrust Litigation Lawyer

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

Gannon Beaulne

Thomas Feore

This article explores how courts continue to apply and refine the &ldquo;some basis in fact&rdquo; test for certifying common issues in class actions. Recent decisions illustrate that while expert evidence is not always required, plaintiffs must provide sufficient admissible evidence to support both the existence of common issues and their class-wide resolution. The rulings reinforce certification as a meaningful screening tool and provide guidance on evidentiary expectations going forward.

Some Basis in Fact for the Common Issues

Courts Continue to Apply and Refine the Test

Ashley L. Paterson

Nicholas Heinrich

This blog reviews Zanin v. Ooma, Inc., where the Federal Court upheld arbitration clauses and class action waivers in a proposed federal class proceeding. It confirms that provincial consumer protection laws generally do not apply to federal statutory claims unless mirrored in federal legislation. The decision highlights ongoing uncertainty following the Federal Court of Appeal&rsquo;s narrower approach and leaves room for future challenges.

Robert Staley on Home Capital Group in National Post

From the Same Authors