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Emrys Davis

Commercial Litigation, Competition and Class Action Lawyer at Bennett Jones Toronto

Partner

Michael A. Eizenga L.S.M.

Leading Canadian Class Action Litigator at Bennett Jones Toronto

Partner 

Gannon Beaulne

Litigation Lawyer at Bennett Jones Toronto

In our 2025 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead.

Class Actions Looking Forward 2025

Class Actions: Looking Forward 2025

Ashley L. Paterson

Commercial Litigation Lawyer at Bennett Jones Toronto

The evidentiary burden on plaintiffs to have a case certified­—i.e., the “some basis in fact” standard—has been described as a “low bar” in countless cases. Plaintiffs cite the “low bar” in trying to certify their cases, and defendants respond with their own favourable quotes from the case law, noting that this evidentiary burden is not “merely a speed bump” and that the evidence required to support certification must be subject to something more than “superficial scrutiny”.

British Columbia Grapples With Evidentiary Issues and the Requirement for a Workable Methodology

Health Canada is proposing to amend the Food and Drug Regulations, <a rel="noopener noreferrer" href="https://laws.justice.gc.ca/eng/regulations/C.R.C.,_c._870/index.html" target="_blank">C.R.C., c.870</a> (the FDRs) and the Medical Device Regulations, <a rel="noopener noreferrer" href="https://laws-lois.justice.gc.ca/eng/regulations/sor-98-282/" target="_blank">SOR/98-282</a> (the MDRs) in an effort to avoid pharmaceutical and medical device shortages and discontinuances. Through a consultation process, Health Canada is seeking input on the proposed amendments and draft guides from manufacturers, distributors, wholesalers and other industry stakeholders.

Health Canada Consultation on Proposed Amendments to Address Drug and Medical Device

Health Canada Consultation on Proposed Amendments to Address Drug and Medical Device Shortages in Canada

In Bosco v Mentor Worldwide LLC, 2024 BCSC 1931, the plaintiffs alleged that Mentor's silicone gel-filled breast implants, MemoryGel, caused adverse health effects, including connective tissue disorders and autoimmune symptoms. They argued that Mentor did not adequately warn patients and surgeons about these risks and that Mentor breached consumer protection and competition legislation. Mentor consented to certain proposed common issues. The court agreed with Mentor that the remaining common issues should not be certified.

BC Supreme Court Denies Certification of Contested Common Issues in Mentor Breast Implant Litigation

B.C. Supreme Court Denies Certification of Contested Common Issues in Mentor Breast Implant Litigation

Martin Ignasiak KC

Regulatory Lawyer at Bennett Jones Calgary

Ashley M. White

Corporate, Commercial Transactions, Power & Energy Lawyer at Bennett Jones Calgary

Jessica Kennedy

Budget 2025 sets out Canada&rsquo;s Climate Competitiveness Strategy, reaffirming goals to attract clean investment, strengthen carbon pricing systems and position the country as an emerging energy superpower. The Strategy details updates to emissions regulations, clean technology tax credits, critical mineral programs and major project approvals, offering new signals for investors and industry.

Canadas Budget 2025 Canadas Climate Competitiveness Strategy

Canada's Budget 2025: Canada's Climate Competitiveness Strategy

J. Sébastien A. Gittens

Intellectual Property and Technology Commercialization Lawyer at Bennett Jones Calgary

Partner, Trademark Agent

Stephen D. Burns

Technology Lawyer, Intellectual Property Lawyer at Bennett Jones Calgary

Matthew Flynn

Technology Transaction Lawyer at Bennett Jones Toronto

AI is rapidly integrating into enterprise workflows, yet vendor agreements often lag behind in safeguarding organizational risk. This article highlights the hidden hazards in standard AI terms and conditions, including data usage, IP ownership, liability limits and regulatory compliance gaps and outlines strategies to strengthen contractual oversight.

The Hidden Hazards of Vendor AI Terms and Conditions

"We signed what?!": The Hidden Hazards of Vendor AI Terms and Conditions

Luke Morrison

Energy Project Development, M&A, and Commercial Transaction Lawyer at Bennett Jones Calgary

Pamela Clark

Lawyer at Bennett Jones Calgary 

Associate 

The federal government has released a second wave of major projects recommended for expedited review by the Major Projects Office, with a focused shift toward critical minerals and energy development. The list includes strategic clean power, LNG, nickel, graphite, tungsten, and hydro initiatives across multiple provinces and territories. While the anticipated Alberta&ndash;BC pipeline was not included, the selected projects underscore Canada&rsquo;s intent to strengthen energy security, support Indigenous-led development, and accelerate investment in key resource sectors.

Second Wave of Fast Tracked Projects Unveiled including Critical Minerals and Energy Projects

Second Wave of Fast-Tracked Projects Unveiled including Critical Minerals and Energy Projects

Oliver Loxley

Corporate Lawyer at Bennett Jones Vancouver

Dom Sorbara

Banking & Financial Services Lawyer at Bennett Jones Toronto

In the context of corporate debt, 'liability management' refers to a company taking steps to manage its existing debt obligations. This often involves a combination of one or more open market repurchases, redemptions/repayments, consent solicitations, tender offers or exchange offers and may involve other transactions. A repurchase of debt from a holder is one of the most straight-forward examples of liability management.

Liability Management in Canada

Andrew Bozzato

Corporate, M&A, Securities Lawyer at Bennett Jones Toronto

Bishoy Attia

Articling Student at Bennett Jones in Toronto

Articling Student

Private investment in the defence sector is accelerating as governments realign policy priorities and expand support for dual-use and DefTech innovation. Canada&rsquo;s 2025 Budget and long-term spending commitments are reshaping the industry, driving new opportunities across AI, cyber, space, advanced manufacturing and critical infrastructure. With global capital flowing into defence technology and structural reforms underway to modernize procurement, the sector is rapidly transitioning from fragmented to fully investable.

Ashley Paterson Moderates OBA Public Law Class Actions Panel

From the Same Authors