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Christine Plante

Employment Lawyer | HR Legal Counsel

Partner

Justin R. Lambert

Securities & Commercial Litigator | Fraud & Energy Disputes

Michael A. Eizenga L.S.M.

Leading Canadian Class Action Litigator

Partner 

Workplace class proceedings are on the rise in Canada. Recent class actions have involved employee claims for <a rel="noopener noreferrer" href="https://www.canlii.org/en/on/onca/doc/2022/2022onca115/2022onca115.html" target="_blank">overtime</a>, <a rel="noopener noreferrer" href="https://www.canlii.org/en/on/onsc/doc/2020/2020onsc5368/2020onsc5368.html" target="_blank">vacation time</a>, <a rel="noopener noreferrer" href="https://www.canlii.org/en/bc/bcsc/doc/2021/2021bcsc2414/2021bcsc2414.html?searchUrlHash=AAAAAQAgImVzY29iYXIiIEFORCAiY2xhc3MgcHJvY2VlZGluZyIAAAAAAQ&resultIndex=1#_Toc89857824" target="_blank">damages for COVID-19 pandemic terminations</a>, <a rel="noopener noreferrer" href="https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc1608/2022bcsc1608.html?searchUrlHash=AAAAAQAgImVzY29iYXIiIEFORCAiY2xhc3MgcHJvY2VlZGluZyIAAAAAAQ&resultIndex=2#_Toc113546909" target="_blank">extended healthcare benefits</a>, <a rel="noopener noreferrer" href="https://www.canlii.org/en/on/onsc/doc/2021/2021onsc5518/2021onsc5518.html" target="_blank">misclassification of workers</a> and <a rel="noopener noreferrer" href="https://www.canlii.org/en/ca/fct/doc/2017/2017fc51/2017fc51.html?searchUrlHash=AAAAAQAKaGFyYXNzbWVudAAAAAAB&offset=0" target="_blank">systemic discrimination and harassment</a>. The Alberta Court of Appeal decision in <a rel="noopener noreferrer" href="https://www.canlii.org/en/ab/abca/doc/2022/2022abca374/2022abca374.html?searchUrlHash=AAAAAQBTImNsYXNzIHByb2NlZWRpbmdzIiBPUiAiY2xhc3MgYWN0aW9uIiBPUiAiYWN0aW9uIGNvbGxlY3RpdmUiIE9SICJyZWNvdXJzIGNvbGxlY3RpZiIAAAAAAQ&resultIndex=3" target="_blank">Flesch v Apache Corporation, 2022 ABCA 374</a> now adds claims for long-term incentive compensation to this growing list. This decision also revisits the "gatekeeping" role the court has in certifying such class proceedings.

Tis the Reason ABCA Considers Expanding Gatekeeping Role of Courts

'Tis the Reason: ABCA Considers Expanding Gatekeeping Role of Courts in Certification of Workplace Class Proceeding

Martin Ignasiak KC

Energy & Industrial Projects Lawyer

Head of Energy Regulatory Services

A majority of the Supreme Court of Canada recently clarified that any public “advantage” that government obtains through land regulations that deprives a property owner of all reasonable or economic uses of their property is sufficient to establish a de facto expropriation claim. <a rel="noopener noreferrer" href="https://scc-csc.lexum.com/scc-csc/scc-csc/en/item/19534/index.do" target="_blank">Annapolis Group Inc v. Halifax Regional Municipality</a>, 2022 SCC 36 is a welcome development for land and resource developers.

Government Advantage and Reasonable Land Use Supreme Court of Canada Clarifies Law

Government Advantage and Reasonable Land Use

Supreme Court of Canada Clarifies Law In de facto Expropriation Cases

Munaf Mohamed KC

Commercial Litigation & Economic Crimes Lawyer | Trials & Appeals

Michael D. Mysak KC

Corporate & Commercial Litigation Lawyer

In Henenghaixin Corp v Deng, 2022 ABCA 271, the Alberta Court of Appeal sent a clear warning that counsel applying for extraordinary remedies must be careful when relying on hearsay evidence to ground their claims. In this case, the applicants relied on hearsay evidence without explaining why they were required to do so. The result was that the order was set aside on appeal.

Is it Getting Harder to Get a Worldwide Freezing Injunction in Alberta

Is It Getting Harder to Get a Worldwide Freezing Injunction In Alberta?

Keely Cameron

Litigation Lawyer at Bennett Jones Calgary

Belal Zaher

Commercial Litigation Lawyer at Bennett Jones Calgary

Associate

In Perez-Nana v Cargill Limited, 2022 ABQB 283, the Alberta Court of Queen's Bench considered a sequencing application. Guided by efficiency and fairness, the Court refused to hear the motion to strike the claim or portions thereof prior to the certification application, and ordered the applications be heard concurrently.

Alberta Court Denies Application to Hear Motion to Strike Prior to Class Action

Alberta Court Denies Application to Hear Motion to Strike Prior to Class Action Certification Hearing

Sara G. Parchello

Employment Lawyer at Bennett Jones Toronto

Tami Oguntona

Articling Student at Bennett Jones in Calgary 

Articling Student 

Bill C-31 proposes significant amendments to the Canada Labour Code that would prohibit most post-employment non-compete clauses and potentially other employment-related restrictions in federally regulated workplaces. While the legislation has not yet been enacted, employers should begin assessing the potential impact of the proposed changes, including the limited exemptions available for certain business transactions and senior executive roles.

Restricting Covenants in Federal Workplaces

Proposed Updates to Canada Labour Code Expected To Prohibit Post-Employment Restrictive Covenants

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.

Justin Lambert in Lawyer's Daily on Alberta Securities Commission Whistleblower Office

From the Same Authors