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Sara G. Parchello

Employment Lawyer at Bennett Jones Toronto

Partner

David Cassin

Brendan J. Weiler

Employment Services Lawyer at Bennett Jones Toronto

Associate

Two recent Ontario Superior Court decisions&mdash;Li v Wayfair Canada Inc. and Jones v Strides Toronto&mdash;clarify that the phrase &ldquo;at any time&rdquo; in a termination clause does not automatically invalidate an employment agreement under the ESA. While both cases distinguish earlier restrictive rulings, ongoing inconsistencies, including the Chan decision, highlight the need for appellate guidance. Employers should continue to review contracts carefully to ensure ESA compliance.

Termination At Any Time A Review of Recent Developments

Termination “At Any Time”? A Review of Recent Developments from Li v Wayfair Canada Inc. and Jones v Strides Toronto

Carl Cunningham

Management-side Employment Lawyer

Bill 27, introduced in October 2021, has now passed and received royal assent. Employers should review the employee-friendly legislation changes, including a ban on non-competes and a "Disconnect from Work" policy.

Ontario Bill 27 Working for Workers Act 2021 is Now the Law

Ontario Bill 27: Working for Workers Act, 2021 is Now the Law

There are now three recent Ontario arbitration decisions that address whether an employer may require its unionized employees to be vaccinated. While directly relevant to unionized employers, given the lack of case law considering the issue, these decisions may have further-reaching impacts on all employers in Ontario.

Challenging Mandatory Vaccination Policies in Ontario

Challenging Mandatory Vaccination Policies in Ontario: Arbitrators Take a First Look and Reach Differing Conclusions

Bill C-5, An Act to amend the Bills of Exchange Act, the Interpretation Act and the Canada Labour Code (National Day for Truth and Reconciliation) came into force on August 3, 2021. The Bill creates a new statutory holiday for federally-regulated employees that will take place on September 30 of each year. The holiday is named the National Day for Truth and Reconciliation (the Truth and Reconciliation Day).

Parliament Enacts New Statutory Federal Holiday Truth and Reconciliation Day

Parliament Enacts New Statutory Federal Holiday—Truth and Reconciliation Day

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

Jackson Spencer

Commercial Litigation Lawyer at Bennett Jones Vancouver

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

Recent Decisions Reinforce Certification Challenges

Courts Continue Close Scrutiny of Privacy Class Actions

Emrys Davis

Competition & Antitrust Litigation Lawyer

Ana Nizharadze

Commercial Litigation Lawyer at Bennett Jones Toronto

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.

2018 Academy Series Presentation

From the Same Authors