• Bennett Jones Spring 2022 Economic Outlook
    June 16, 2022
    A global economy still adjusting to COVID is now facing added stresses posed by the war in Ukraine, sanctions against Russia, supply disruptions, fragmentation of the trade environment, inflation, and financial market vulnerability. After years of shortage of demand, policy authorities and businesses in Canada and globally have to deal with a supply-constrained world. In this presentation of the Bennett Jones Economic Outlook, senior advisors David Dodge and Serge Dupont will review how the economic outlook will be shaped by the interaction of many global factors. They will discuss the challenge of central banks and governments to bring demand and supply into better balance, and the challenge of businesses to capitalize on opportunity and to invest in the future while preparing for potential adverse economic scenarios. 
  • Bennett Jones Spring 2022 Economic Outlook: Planning in an Uncertain, Supply-Constrained World
    June 16, 2022
    We present this Bennett Jones Spring 2022 Economic Outlook in a period of great uncertainty. A war in Europe and the ongoing COVID-19 pandemic, in addition to exerting a devastating human toll, have reverberated through the global and Canadian economies. How these and other external forces will evolve, and how policy authorities worldwide will respond, are unknowns that make the development of economic projections and business plans unusually hazardous.
  • Geopolitics and Geoeconomics: Trade and Investment Disruptions and Implications
    June 16, 2022
    International trade and investment is a crucial channel through which economies and individual businesses specialize, innovate, become more productive, and grow incomes, output and employment while also containing input costs and inflationary pressures through competitive supply.
  • Commodity Markets: Immediate and Longer-Term Perspectives for Canada
    June 16, 2022
    The invasion of Ukraine and sanctions against Russia have disrupted global energy and other commodity markets and exacerbated tensions in global supply chains.
  • The Labour Market: Shortages, Uncertainty and Transitions
    June 16, 2022
    Two underlying themes for the Spring 2022 Bennett Jones Economic Outlook are supply shortages and economic uncertainty. These themes also resonate in analyzing developments and prospects in the Canadian labour market more than two years after the outbreak of COVID.
  • Deciding on a Digital Dollar: The Necessary Steps for Canada
    June 16, 2022
    On April 26, 2022, the Centre for International Governance Innovation and Bennett Jones LLP hosted a virtual workshop with international and Canadian experts, from the public and private sectors as well as academia, on the steps required for Canada to keep pace with global developments in the digitalization of money.
  • An Update on COVID-19 Class Actions in Canada
    April 22, 2022
    Nearly 2 years after the launch of more than 30 proposed class actions arising from the COVID-19 pandemic upended the Canadian class action landscape, pandemic-related class actions risk, and ongoing litigation appear to have entered a new phase.
  • Diverging Approaches to the Certification of Class Actions
    April 22, 2022
    Last year, we reported on the amendments to Ontario’s Class Proceedings Act, 1992 (CPA) that took effect on October 1, 2020. One of the most significant amendments to the CPA was the introduction of a higher standard for class certification in Ontario, requiring that a proposed class action be a superior way to determine the rights or entitlement to relief of class members, and that questions of fact or law common to the class members predominate over the individual issues. We predicted this would make Ontario a less attractive forum for class action plaintiffs.
  • Navigating Multijurisdictional Class Actions
    April 22, 2022
    Parallel class actions, filed in different Canadian jurisdictions under different provincial class action statutes, erode the efficiency that class actions are meant to facilitate, and risk duplicative proceedings and conflicting judicial decisions.
  • Ontario and British Columbia Lead a Sequencing Culture Shift
    April 22, 2022
    For the past two decades, how best to achieve the fair and efficient management of class actions in Canada was routinely resolved by a one-size-fits-all approach: a presumption that certification should be the first motion heard in the case. Defendants seeking an exception to this general rule faced a heavy burden. As a result, defendants with strong positions on the merits were often locked into procedurally complex, financially burdensome litigation that, in many cases, took years to get through the certification stage.
  • The Expansion and Contraction of Product Liability Causes of Action
    April 22, 2022
    Product liability case law in 2021 brought clarity to certain causes of action that often form the basis of product liability claims. In particular, Ontario courts considered new duty of care categories arising within the commonly pleaded negligence cause of action, and within claims for breach of express warranty and breach of the implied warranties that underlie consumer protection legislation. These decisions provide updated guidance in the context of both motions to strike and motions for certification. Manufacturers carrying on business in Canada should be aware of these developments.
  • The Need to Prove Compensable Losses in Privacy Class Actions
    April 22, 2022
    Recent developments in the privacy class actions space favour businesses facing ongoing risks in maintaining the privacy of individuals’ information collected for business use. While businesses must continue to adhere to statutory and common law privacy laws and policies, privacy breach class action decisions in 2021 show that institutional defendants have the upper hand if class members cannot prove compensable losses. Barring new developments in the appellate courts that permit the extended application of the tort of intrusion upon seclusion, which does not require proof of loss, privacy breaches must yield a quantifiable loss or harm beyond everyday inconveniences for plaintiffs to succeed.
  • Class Actions: Looking Forward 2022
    April 19, 2022
    If 2020 was a year of seismic shifts affecting Canada’s class actions landscape, 2021 was a year of reverberations and aftershocks. The instability and uncertainty created by the COVID-19 pandemic did not disappear. Canadian businesses adjusted to the new normal, pandemic-related class actions entered into a new phase, and judges reacted to landmark decisions and legislative changes from the year before in key substantive and procedural areas. The result was some new, and some familiar, fault lines.
  • Bennett Jones Fall 2021 Economic Outlook
    December 08, 2021
    The Canadian economy is entering 2022 with solid progress in recovering from the pandemic. In September, employment returned to its pre-COVID level. GDP should recover its losses before the end of 2021. In the Bennett Jones Fall 2021 Economic Outlook, we look at how growing our economy sustainably over the long term will require exceptional collaboration between the public and private sectors, within the frame of a growth strategy. Growth will also require an accelerated response to the structural challenges of population ageing, the digitalization of the economy and climate change.
  • Bennett Jones Fall 2021 Economic Outlook: Closing the Investment Gap
    December 08, 2021
    Economic activity and employment in Canada and in advanced economies continue to show a rapid, vigorous recovery. In a normal business cycle, businesses would now be stepping up plans to hire, to invest and to take advantage of the rebound of demand globally and domestically. To some extent, this is happening. In fact, employment in Canada has already regained its-pre-pandemic level. However, there are near-term uncertainties and pressures. The greatest uncertainty is the future evolution of the pandemic and its potential impact on the economy. There is public fatigue in continually adapting public health measures, the activity of daily life and the workplace to counter COVID and its variants. Yet, businesses have no choice but to be prepared for different scenarios in conducting and planning their activities.
  • The Labour Market: Recovery, Gaps and Strategies
    December 08, 2021
    This companion paper to the Fall 2021 Economic Outlook focuses on the Canadian labour market. Specifically, the key attributes of the current labour market; the main gaps in the labour market and their root causes; and strategies that could be adopted by both business and governments to address these gaps. There is an opportunity for Canada, after a strong recovery, to redress longstanding labour market fault lines and to take steps toward delivering good jobs, good wages and economic prosperity.
  • Climate and Energy: Accelerating a Necessary Transformation
    December 08, 2021
    This companion paper to the Fall 2021 Economic Outlook focuses on Canadian and global climate targets and policies, commitments to emissions reduction and ambitions to transform energy systems. 
  • The Trade Environment: Evolving Context and Canadian Priorities
    December 08, 2021
    This companion paper to the Fall 2021 Economic Outlook focuses on major trade challenges that Canada faces. Many of these challenges pose specific threats or opportunities that could seriously impact Canadian trade and prosperity. These challenges are important enough that in our view, the Government should immediately engage in senior-level dialogue with public and private sector partners to assess the situation and determine how to proceed.
  • Bennett Jones Spring 2021 Economic Outlook: Beyond COVID
    June 22, 2021
    While economic recovery from the pandemic to date, internationally and in Canada, has been uneven and bumpy, a large share of output and jobs have been regained, and the prospects for advanced economies are strong. If immediate attention must still be focused on overcoming the pandemic durably, the time is right for Canada to look beyond COVID, and to articulate and execute a strategy for investment and long-term improvement in our competitiveness, productivity, and standard of living.
  • Supplement to the Spring 2021 Economic Outlook: Beyond COVID
    June 10, 2021
    The planned levels of deficits and debt in the latest budgets of the federal and four provincial governments are reasonable projections for the years to FY 2023-24, if governments actually adhere to the spending and revenue plans laid out in those budgets.
  • Crisis and Risk Management Survey 2020
    April 29, 2021
    To learn more about the current state of crisis and risk management, Bennett Jones commissioned an independent survey by Environics to understand what corporate concerns are most pressing for Canadian general counsel and senior executives at a wide range of organizations. Ironically, the survey was interrupted by the biggest crisis of our lifetime―COVID-19. 
  • Defining and Driving ESG Within Your Organization
    March 17, 2021
    In January and February 2021, Bennett Jones hosted a three-part webinar series focusing on why ESG matters and how business leaders can drive ESG within their organization. This paper takes those conversations one-step further by providing a practical and high-level overview of the legal, operational and reputational tenants of an effective ESG strategy.
  • Looking Forward: Class Actions in 2021
    January 25, 2021
    The Class Action Practice Group at Bennett Jones continued its tradition of involvement in the year's most significant cases, focusing on practical solutions where they are possible and seeking clarity from the courts where it is needed. In the latest edition of our Looking Forward report, we review some notable recent developments and comment on some critical areas of importance we expect to see evolve in the year ahead. 
  • Updates to Canada’s Top 10 Sources of Emergency Capital for Businesses
    January 13, 2021
    The Canadian government continues to launch new measures to provide access to capital to businesses and industry sectors during the COVID-19 pandemic. Members of Bennett Jones Public Policy group provide an update on the programs and their details, as well as strategic considerations to keep in mind when accessing emergency funding.
  • Bennett Jones Fall 2020 Economic Outlook
    December 08, 2020
    Nine months into the pandemic, the short-term economic outlook for Canada entering 2021 is strikingly different than one year ago. Yet structural trends—such as the digital transformation of the economy—remain and in some cases have been accelerated. Canada, its governments and its businesses, have to address the impacts of the COVID-19 crisis while developing strategies and building momentum for longer-term prosperity, all against the backdrop of a challenging global geo-political environment. The Outlook sets a context for businesses to plan by reviewing economic scenarios for the next two years and analyzing global and domestic policy factors that could shape the business environment in the years ahead.

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