Skip to main content
Andrew Borrell, Partner | Litigation and Dispute Resolution

Andrew Borrell *

Partner Fasken
The evolution of Class Action Law in Canada is ever-changing as is the creativity of litigants.
Jurisdiction British Columbia, 1993
Language(s) English
Office(s) Vancouver
Contact
*Law Corporation
Share
  • LinkedIn

Overview

Andrew Borrell is a litigation and dispute resolution Partner in Fasken's Vancouver office. As an internationally-recognized leader in the defence of class actions, he represents defendants in matters in the Superior Courts and Courts of Appeal, as well as the Supreme Court of Canada. Andrew also advises defendants who anticipate defending class actions or seek to limit their exposure to class actions.

Expert in class action defence

Named in 2017 as “Class Action Litigator of the Year” by Benchmark Canada, and by Chambers Canada 2016-2020 for Dispute Resolution: Class Action (Defence), Andrew defends claims across a broad range of fields including securities, competition, consumer protection, contract, misrepresentation, medical products, pharmaceuticals, and product liability.

Companies also seek him out for advice on prospectus misrepresentation, corporate reorganization, commercial conduct and various other consumer claims.

Andrew acts for clients including Royal Bank of Canada, Telus Communications, and Microsoft.

Achievements

Client Work

  • Intact Insurance Company et al. defeats appeal from success at common issues trial relating to business interruption insurance arising from the COVID-19 pandemic, [Case - Intact Insurance Company, Novex Insurance Company and Royal & Sun Alliance], The largest provider of property and casualty insurance in Canada has defeated an appeal from a successful class action common issues trial relating to business interruption insurance and COVID-19.
  • Cermaq settles price fixing class action, [Case - Cermaq], Settlement of price fixing class action in the market for farmed Atlantic salmon.
  • Google LLC defends claims for breach of privacy and breach of consumer protection legislation related to Google Photos, [Case - Google, LLC], Plaintiff seeks to certify claims for breach of privacy related to Google Photos.
  • Google LLC confronts trio of class proceedings over privacy breach and misrepresentation claims, [Case - Google, LLC], Court agrees that putative class members cannot pursue Google LLC in three separate class proceedings with overlapping claims.
  • Royal Mutual Funds responds to class action relating to enhanced compensation that was paid to a category of RBC financial advisors for a period of time, [Case - Royal Mutual Funds Inc.], Class action which sought to re-define the duties owed by financial advisors in Canada.
  • Representing Allergan in class actions and mass tort individual lawsuits relating to breast implants, [Case - Allergan]
  • TELUS Communications Inc. v. Wellman, 2019 SCC 19, [Case - TELUS Communications Inc.]
  • Proposed paint delamination class actions discontinued, [Case - Confidential Client]
  • Google in a putative price-fixing class action brought by Spark Event Rentals, [Case - Google, LLC], Google defendants in a putative price-fixing class action brought by Spark Event Rentals, who alleges that Google engaged in anti-competitive practices with Apple to artificially maintain the price of Google search ads above a competitive market rate. Google brought an application to stay the proceedings in favour of the arbitration process mandated in its agreement with Spark Event Rentals. The British Columbia Supreme Court granted Google’s application for a stay, which decision was upheld by the British Columbia Court of Appeal. Spark Event Rentals is now seeking leave to appeal to the Supreme Court of Canada.

Career & Education

Education

  • LLB University of Victoria

Memberships & Affiliations

  • Founder and first Chair, Class Action Section, Canadian Bar Association (BC Branch) (2000-2003)
  • Class Action; Civil Litigation; and Securities Sections; Canadian Bar Association, (BC Branch)

Knowledge

Events

News

Publications

  • Class Actions and Arbitration Provisions, 4/1/2008
  • Cross-Border Class Actions: Opportunities and Challenges, 1/2/2008
  • Multi-Defendant Class Actions in Canada, 1/20/2007
Class Actions and Arbitration Provisions
Article Multi-Defendant Class Actions in Canada Class Action Defence Quarterly, Vol. 1, No. 3

Speaking Engagements

  • 9th Annual Forum on Litigating Class Actions, 9/22/2008
  • Pre-Emptive Business and Legal Strategies, 10/2/2007
  • 8th Annual National Forum on Class Actions Litigation, 9/17/2007
Pre-Emptive Business and Legal Strategies Class Action Forum, The Conference Board of Canada location location Toronto
8th Annual National Forum on Class Actions Litigation The Canadian Institute  location location Toronto

    Subscribe

    Receive email updates from our team

    Subscribe