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Ethan Z. Schiff

Class Actions & Commercial Litigation Lawyer

Partner

Bobbie Alvernaz

Associate

The Ontario Court of Appeal upheld the denial of certification in a proposed class action alleging childhood sexual abuse within Canadian Jehovah&rsquo;s Witness congregations. The Court found insufficient commonality among the proposed class members&rsquo; claims, which involved different perpetrators, congregations and circumstances, and agreed that individual or joinder actions would be the preferable procedure. The decision also distinguishes Gutierrez from other institutional abuse class actions where defendants had a more direct and common relationship with the alleged abuse.

Ontario Court of Appeal Refuses to Certify Institutional Abuse

Ontario Court of Appeal Refuses to Certify Institutional Abuse Class Action With No Common Perpetrator, Activity or Location 

Michael P. Theroux KC

Commercial Litigation, Arbitration & Energy Litigation Lawyer

Partner 

Jenna Vivian

Commercial Litigation Lawyer at Bennett Jones Edmonton

The Supreme Court of Canada&rsquo;s decision in SS&amp;C Technologies Canada Corporation v. Bank of New York Mellon Corporation, 2026 SCC 29, revisits the doctrine of spoliation and confirms that courts must draw an adverse inference when intentional destruction of relevant evidence is established. The decision provides guidance on the test for spoliation, the scope of mandatory adverse inferences and the importance of preserving evidence during litigation.

The Supreme Court of Canada Affirms Mandatory Adverse Inference in Cases of Spoliation

The Supreme Court of Canada Affirms Mandatory Adverse Inference for Spoliation

Ontario court denies a late class action opt-out request, reinforcing settlement finality and confirming prejudice can arise before court approval.

Ontario Court Reinforces Finality of Class Proceedings in Rejecting Late Opt Out Request

Ontario Court Reinforces Finality of Class Proceedings in Rejecting Late Opt-Out Request

Jackson Spencer

Commercial Litigation Lawyer at Bennett Jones Vancouver

This article surveys significant procedural developments influencing class action litigation across Canada. Recent decisions address certification standards, delay dismissals, evidentiary rules and the management of multijurisdictional claims, reinforcing courts&rsquo; gatekeeping role. Together, these rulings provide practical guidance for defendants navigating evolving procedural challenges in 2026 and beyond.

Notable Procedural Developments Shaping Class Actions in 2026 and Beyond

What's Shaping Class Actions in 2026 and Beyond

Notable Procedural Developments 

Steven L. Major KC

Commercial Litigation Lawyer | Energy

Audrix Arce

At the 75th Canadian Energy Executive Association (CEEA) conference, industry leaders, government officials and Indigenous partners explored the opportunities and challenges shaping Canada's energy future. Discussions focused on regulatory certainty, interprovincial cooperation, AI and data centre growth, value-added energy development, and the importance of early Indigenous and landowner engagement. The key takeaway was clear: Canada has a strategic window to advance energy infrastructure and attract investment, but success will depend on timely action, collaboration and execution.

Key Takeaways from the Energy Business Forum at CEEA 75

Key Takeaways from the Energy Business Forum at CEEA '75

Simon Grant

Financial Services & Regulatory Lawyer

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

Kwang Lim

Corporate and Securities Lawyer

Vancouver Managing Partner

Canada is taking a category-by-category approach to regulating prediction markets, with the CSA and CIRO permitting certain event contracts while directing others outside the securities and derivatives framework. This article examines Canada's emerging regulatory landscape and the key considerations for platforms, dealers, financial institutions and investors participating in these evolving markets.

Prediction Markets in Canada A Category-by-Category Regulatory Framework

Prediction Markets in Canada: A Category-by-Category Regulatory Framework

Christopher J. Doucet

Corporate & Mining Lawyer | M&A & Corporate Finance

Zirjan (Zee) J. Derwa

Competition and Foreign Investment Review Lawyer

In the September edition of Canadian Mining Journal, Christopher Doucet and Zirjan Derwa explore how the Canada-China Economic and Trade Cooperation Roadmap may reshape the investment landscape for Chinese participation in Canada's mining sector. They discuss whether greater regulatory clarity could encourage investment in base and precious metals while maintaining Canada's national security protections for critical mineral assets.

Canadian Mining Journal New policy roadmap

Canadian Mining Journal: New policy roadmap may help miners navigate Chinese investment landscape

Larissa D. Lees

Regulatory Lawyer at Bennett Jones Calgary

Jessica Kennedy

Bennett Jones attended the Data Centre West 2026 Conference in Calgary earlier this month, hosted by the Western Canada Data Centre Alliance, and engaged with representatives from industry, government and regulatory agencies on the issues facing Alberta's rapidly growing digital infrastructure sector. This year, discussions spanned the hyperscale and AI demand outlook, power procurement and grid access challenges, Alberta's regulatory framework, supply chain constraints and labour availability, and sustainability and community engagement, reflecting a sector that has moved well beyond early-stage interest and into active development and investment.

Product Safety Regulation in Canada

From the Same Authors

Ontario Court of Appeal Refuses to Certify Institutional Abuse Class Action With No Common Perpetrator, Activity or Location

The Supreme Court of Canada Affirms Mandatory Adverse Inference for Spoliation

Ontario Court Reinforces Finality of Class Proceedings in Rejecting Late Opt-Out Request

Latest Insights

Key Takeaways from the Energy Business Forum at CEEA '75

Prediction Markets in Canada: A Category-by-Category Regulatory Framework

Canadian Mining Journal: New policy roadmap may help miners navigate Chinese investment landscape

Ontario Court of Appeal Refuses to Certify Institutional Abuse Class Action With No Common Perpetrator, Activity or Location

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