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Class Actions


Our underlying objective is to bring the simplest possible case to court. To do this, we use our pre-existing knowledge of class action rules and procedures, and acquire the knowledge of the facts that puts us in control of the issues.
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Overview

We approach class action litigation to win, either in court, or through strategically negotiated settlements. It is critical to have an experienced legal team who can advocate for you and develop a strong tactical response. 

Our Fasken team is known in Canada and internationally for our class action expertise, strategic ability and excellent client service. We have been counsel on many of Canada’s most closely watched class action lawsuits in recent years and have acted for world class clients on precedent-setting matters. Our lawyers specialize in providing seamless representation in multiple jurisdictions across Canada, and work with our clients’ counsel in other countries to ensure effective coordination of parallel cross-border cases.   

Developing an appropriate strategy to mitigate risk and manage the defence of a class action matter is critical, and a deep understanding of our clients’ business and industry areas allows us to provide practical advice. We use creative approaches that go “outside the box” to reduce the impacts on our clients of lengthy litigation, often in multiple jurisdictions, through early substantive and procedural challenges.

Significantly, our team has recognized leaders in the law relating to key class action battlegrounds today, including Securities, Insurance, Privacy, Product Liability, Indigenous and Competition Law. Simply put, Fasken stands apart.

Looking for an overview of class actions in Canada?

Our video series, Anatomy of a Class Action, provides a short introduction to Canadian class actions, 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 the video series

Achievements

Team

Primary Contacts
  • Laura F. Cooper, Partner | LEADER, LITIGATION AND DISPUTE RESOLUTION, Toronto, ON, +1 416 865 5471, lcooper@fasken.com
  • Andrew Borrell, Partner, Vancouver, BC, +1 604 631 3195, aborrell@fasken.com
  • Eric Simard, Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION, Montréal, QC, +1 514 397 5147, esimard@fasken.com
  • Karen Wyke, Partner, Calgary, AB, +1 403 261 5357, kwyke@fasken.com

Client Work

  • Gatos Silver, Inc. resolves securities class action regarding its dual initial public offering, [Case - Gatos Silver, Inc.], Silver mining company defends securities class action.
  • 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.
  • Cook companies resolve class action concerning inferior vena cava filter products, [Case - The Defendants, Cook (Canada) Inc., Cook Incorporated, and William Cook Europe APS (collectively, “Cook”)], Canadian medical device company resolves product liability class action lawsuit.
  • Represented BMW in first appellate case in Canada about European data protection requirements and Ontario discovery obligations, [Case - BMW AG and BMW Canada Inc.], Represented a German multinational car manufacturer in foreign data protection requirements and Ontario discovery obligations case.
  • 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.
  • Air Canada in a proposed class action on behalf of Air Canada retirees, [Case - Air Canada], Walter Edward Davies v. Air Canada

Knowledge

Events

News

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