On August 11, 2025, the Court of Appeal for Saskatchewan (SKCA) released a major decision about section 33 of the Canadian Charter of Rights and Freedoms (Charter), which is colloquially referred to as the “notwithstanding”...more
In Opsis Airport Services Inc. v. Quebec (Attorney General), 2025 SCC 17 (Opsis), the Supreme Court of Canada (SCC) held that a statute can be declared constitutionally inapplicable to an enterprise carrying on activities...more
The inclusion of limitation and exclusion of liability clauses in contracts entered into in Quebec requires an understanding of civil law and public order restrictions. Since the Supreme Court of Canada (SCC) ruling in...more
Dans l’affaire Opsis Services aéroportuaires inc. c. Québec (Procureur général) (l’« affaire Opsis »), la Cour suprême du Canada (la « CSC ») a statué que la doctrine de l’exclusivité des compétences demeure une composante...more
In Opsis Airport Services Inc. v. Quebec (Attorney General) (Opsis), the Supreme Court of Canada (SCC) affirmed that the doctrine of interjurisdictional immunity (IJI) remains an essential feature of Canada’s federal...more
We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to...more
In the recent case of Sandhu v Mangat, 2025 BCCA 34, the BC Supreme Court shed some light on the scope of parenting coordinators’ (PC) jurisdiction and section 7 expenses relating to ‘special or extraordinary expenses’ under...more
The Supreme Court of Canada (SCC) has endorsed the constitutionality of British Columbia (BC) legislation empowering the province to seek recovery of opioid epidemic healthcare costs in a proposed class action brought on...more
Recent Canadian case law is reshaping how legal drafters should approach contractual clauses. Key decisions, including rulings from the Supreme Court of Canada and appellate courts in British Columbia, Alberta, Ontario and...more
Les tiers qui exercent des activités de publicité politique en Ontario devraient s’attendre à des changements dans l’avenir, la Cour suprême du Canada (la « CSC ») ayant rendu sa décision dans le cadre de la contestation...more
More changes are coming for third parties looking to engage in Ontario elections, after the Supreme Court of Canada (SCC) settled the constitutional challenge to the province’s third-party pre-election political advertising...more
Despite current trade and geopolitical developments and uncertainties, Bennett Jones discusses opportunities for Canada’s mining industry in 2025 and beyond, including optimism driven by policy shifts and heightened demand in...more
The latest edition of Davies’ Governance Insights is now available. In this issue, we review 10 developments that general counsel and directors of Canadian public companies, and their investors, should know for 2025 and...more
On October 11, 2024, the Supreme Court of Canada (the SCC) rendered a decision clarifying the corporate attribution doctrine in the bankruptcy and insolvency context. Aquino v. Bondfield Construction Co.1 involved a dispute...more
A national class action on behalf of multiple Canadian governments to recover opioid epidemic healthcare costs simplifies the aggregation, prosecution, and determination of claims that span geographic boundaries. That is what...more
There are multiple ongoing class actions in Canada against pharmaceutical companies related to Opioid Use Disorder (OUD) and its effects. While these proceedings are all currently in their early stages, decisions have...more
The Federal Court of Appeal (FCA) recently dismissed the Bank of Nova Scotia’s (BNS) appeal and upheld the Canada Revenue Agency’s (CRA) practice of charging arrears interest on a non-existent tax debt where audit adjustments...more
The Supreme Court of Canada (“SCC”) in two recent companion decisions, Auer v. Auer (“Auer”) and TransAlta Generation Partnership v. Alberta (“TransAlta”), has clarified that the reasonableness standard as set out in Canada...more
Last week, the Ontario Court of Appeal released its decision Lochan v Binance Holdings Limited, 2024 ONCA 784 [Binance], in which it refused to stay a class action proceeding in favour of arbitration. In doing so, the Court...more
In the unrelated companion cases of Aquino v Bondfield Construction Co, 2024 SCC 31 (Aquino) and Scott v Golden Oaks Enterprises Inc, 2024 SCC 32 (Golden Oaks), the Supreme Court of Canada (the SCC or the Court) applied the...more
The Potential Impact of the Supreme Court of Canada's Decision in Lundin Mining Corporation v. Markowich - As the Supreme Court of Canada (the SCC) prepares to deliver its decision in Lundin Mining Corporation v Dov...more
Le 19 juillet 2024, la Cour suprême du Canada (la « CSC ») a rendu un arrêt dans l’affaire Canada (Procureur général) c. Power (l’« affaire Power ») portant sur la possibilité de réclamer des dommages-intérêts contre l’État...more
On July 19, 2024, the Supreme Court of Canada (SCC) rendered judgment in Canada (Attorney General) v. Power (Power) on the availability of damages against the federal or provincial governments for enacting legislation...more
On September 19, 2024, the Supreme Court of Canada granted Pharmascience leave to appeal a Federal Court of Appeal decision affirming a trial decision that upheld the validity of Janssen’s patent relating to paliperidone...more
In our 2024 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....more