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Anatomy of a Class Action

A Five-Part Video Series on Canadian Class Actions
Fasken
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Overview

Designed to offer an overview of class actions in Canada, this five-part video series provides a short introduction to Canadian class proceedings, focusing on strategic moments in class action procedure and comparisons to the U.S. experience. Each episode takes viewers through a major phase of class action litigation, starting with the procedural “maze” created by multijurisdictional class actions and ending with the “hard fought end” of settlement or trial.

Watch episode 1 : The Multijurisdictional Maze

Most class actions in Canada have a multijurisdictional or national component. Unlike the U.S., however, Canada does not have a federal court system of generalized jurisdiction to coordinate such proceedings. In our first episode, we explain what is needed for defendants to succeed when navigating this “multijurisdictional maze”.

  

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All episodes

  • Episode 2 - The Rarity of Pre-Certification Discovery, In our second episode, we explain the limits of pre-certification discovery, as well as related procedural differences between different Canadian jurisdictions. In contrast to U.S. practices, pre-certification discovery is rare in Canadian class actions — and procedural differences across Canada further highlight the benefit of a legal team with national expertise.
  • Episode 3 | The Knockout Punch of Pre-Certification Motions, Some pre-certification motions are available in Canada that can put an end to, or significantly narrow, a proposed class action. In our third episode, we highlight different approaches across Canadian jurisdictions to such motions — including recent legislative changes and trends in the case law.
  • Episode 4 | The Contrasting Criteria for Certification Motions, Our fourth episode goes through the five-part test for certification applicable in Canadian jurisdictions except Quebec. We explain what elements of this test are common battlegrounds, how they fit together, and recent legislative changes and case law developments across Canada affecting defence strategy. We also explain the test for class action authorization in Quebec.
  • Episode 5 | The Hard-Fought End of Settlement or Trial, The Canadian experience with class action resolution is very similar to the U.S. — most cases settle and very few proceed to trial. In our fifth and final episode, we highlight key decision-points in the resolution of class proceedings, the challenges associated with coordinating settlements on a national scale, and the importance of case assessment in evaluating options available to defendants.

Team

Primary Contacts
  • Laura F. Cooper, Partner | LEADER, LITIGATION AND DISPUTE RESOLUTION, Toronto, ON, +1 416 865 5471, lcooper@fasken.com
  • Paul J. Martin, Partner, Toronto, ON, +1 416 865 4439, pmartin@fasken.com
  • Mirna Kaddis, Associate, Montréal, QC, +1 514 397 7484, mkaddis@fasken.com
  • Gulu Punia, Partner, Calgary, AB, +1 403 261 5509, gpunia@fasken.com
  • Andrew Borrell, Partner, Vancouver, BC, +1 604 631 3195, aborrell@fasken.com
  • Michael Parrish, Partner, Vancouver, BC, +1 604 631 4863, mparrish@fasken.com
  • Sarah J. Armstrong, Partner, Toronto, ON, +1 416 868 3452, sarmstrong@fasken.com
  • Tracey M. Cohen, KC, FCIArb, Partner, Vancouver, BC, +1 604 631 3149, tcohen@fasken.com
  • Zohaib I. Maladwala, Partner, Toronto, ON, +1 416 868 3453, zmaladwala@fasken.com
  • Peter J. Pliszka, Partner | CHAIR, LIFE SCIENCES LITIGATION | CHAIR, PRODUCT LIABILITY & INSURANCE GROUP, Toronto, ON, +1 416 868 3336, ppliszka@fasken.com
  • Noah Boudreau, Partner, Montréal, QC, +1 514 394 4521, nboudreau@fasken.com

Authors

  • Sarah J. Armstrong, Partner, Toronto, ON, +1 416 868 3452, sarmstrong@fasken.com
  • Laura F. Cooper, Partner | LEADER, LITIGATION AND DISPUTE RESOLUTION, Toronto, ON, +1 416 865 5471, lcooper@fasken.com
  • Noah Boudreau, Partner, Montréal, QC, +1 514 394 4521, nboudreau@fasken.com
  • Vera Toppings, Partner, Toronto, ON, +1 416 865 5136, vtoppings@fasken.com

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