OVERVIEW & EXPERTISE

 

 

"Class Action Firm of the Year"
Benchmark Canada Awards: Recognizing the Leading
Litigators and Litigation Firms in Canada (2015)

 

Class actions remain top of mind for most businesses with operations and interests in Canada. The high number of Canadian class actions is a reflection of standards favouring easier access. Class Action activity spans industry sectors and includes product liability, competition (antitrust), securities, pension and employee benefits, privacy/data breach class actions, among other areas.
 
Blakes remains at the forefront of class action defence with one of the most experienced teams in Canada. Spanning more than 35 years, we have defended clients in more than 300 class actions across the country, including precedent-setting cases with industry-wide implications. We are also among a select few Canadian firms with notable class action success at trial and on dispositive applications and motions.
 
Developing an appropriate strategy to mitigate risk and manage the defence of a class action claim is vital. Understanding our clients’ businesses and industry sectors allows us to be pragmatic in the advice we give.
 
Our trial lawyers aggressively defend clients at all levels of courts and are also skilled in preparedness, strategic planning, mediations, arbitrations and negotiated settlements. A key advantage is the experience, strength and depth of our integrated national team. This platform ensures that we are able to expertly advise on class actions across the country with leading senior litigators who have deep knowledge and experience within each Canadian jurisdiction.
 
Our Class Actions team draws on the strength of other leading practices within our Firm, including Competition, Environmental, Pensions & Benefits, Financial Services, Insurance, Employment & Labour, Life Sciences and Capital Markets, among others. We are also supported by a dedicated e-discovery and document management team and advanced technologies that significantly reduce the time and cost associated with large document cases. Additionally, as needed, our team works with a broad range of independent experts, including doctors, scientists, economists, epidemiologists, biostatisticians and others, to assist in the presentation of a case and to provide evidence at trial.
 
We work alongside U.S. and international law firms, advisers and experts to ensure effective coordination of claims that are international in scope and extend into Canada. Through our cross-border experience, strong communication and collaboration, we help ensure the best representation for our clients.
 
As recognized leaders in this area, our litigators regularly participate in initiatives seeking to improve class action procedures across Canada, such as the Canadian Bar Association National Class Action Task Force, and we are often invited to speak on class-action-related topics.
 

Representative Matters

  • Successfully defended one of the world's leading manufacturers of cardiac devices in a national class action claiming more than a billion dollars in damages; the first medical products class action/common issues trial tried to verdict in Canada.
  • Co-counsel to Microsoft Corporation and Microsoft Canada in class actions that claim Microsoft breached various competition laws in the sale of software products throughout Canada.
  • Counsel to Coca-Cola Ltd. in successfully opposing certification of class actions concerning alleged misleading advertising and labelling of vitaminwater® in B.C. and Quebec.
  • Counsel to Appleby Services (Bermuda) Limited in a class action, involving multiple parties, including hundreds of third parties, seeking the return of a substantial amount contributed by the Class to the Parklane’s Donations Canada Gift Program and various Canadian charities.
  • Def​ence counsel to Celestica Inc. and two of its former officers against a secondary market securities class action in Ontario. At the leave stage we were successful in narrowing the case by having a number of claims dismissed. We were also successful in opposing the certification of common law misrepresentation claims. In early 2015, Blakes argued an appeal before the Supreme Court of Canada over questions relating to the expiry of the statutory limitation period.
  • Counsel to Nestlé Canada Inc. at summary trial, trial and appeal in a proposed class action that was dismissed after each stage, including leave to appeal being refused by the Supreme Court of Canada.
  • Counsel to a major federally chartered bank, at trial and appeal, in a landmark class action brought against nine federally chartered banks alleging that the banks had breached the Quebec Consumer Protection Act in relation to foreign exchange conversion fees on credit card transactions.
  • Counsel to a multinational credit card provider in seven multimillion-dollar class actions involving conspiracy claims with respect to the setting of merchant discount fees.
  • Counsel to a leading trust company, one of two defendants named in a proposed class action, in which the plaintiff seeks damages in connection with the defendants’ role as trustee of a fund established to pay health and welfare benefits for employees.
  • Counsel to a multinational manufacturer of pharmaceutical, medical and consumer products, successfully opposing certification of class actions in Canada (Quebec and B.C.) alleging false and misleading representations regarding children's cough and cold medicines. The Supreme Court of Canada denied the plaintiffs’ application for leave to appeal in both the Quebec and B.C. cases.
  • Counsel to the Province of British Columbia in a class action alleging that the Province’s regulation of fish farms had harmed the aboriginal fishery. The class certification was overturned at the British Columbia Court of Appeal and leave to appeal to the Supreme Court of Canada was dismissed.
  • Counsel to Crelogix and other defendants in a class action relating to promissory notes purchased by Crelogix from a timeshare company that subsequently went bankrupt. The suit made a number of allegations relating to the Fair Trading Act, the Bills of Exchange Act and the contract documents.
  • Counsel to a plan sponsor successfully defending a class action challenging the addition of employees from two of the company’s wholly owned subsidiaries to an existing plan that enjoyed a significant surplus, the first pension-related class action in Canada to proceed to a common issues trial.
  • Co-counsel to a major consumer appliance manufacturer in a national class action in Ontario alleging a design defect in front-loading washing machines. The certification motion and ultimately the action itself were dismissed with costs. The decision was upheld on an appeal to the Ontario Court of Appeal and the Supreme Court of Canada denied the plaintiff’s request for leave to appeal.
  • Counsel to a corporation in a class action related to the loss of data tapes containing the personal and financial information of its customers.
  • Counsel to a former officer of The Cash Store Financial Services Inc. in a national securities class action alleging improper disclosure in Cash Store’s public findings. This claim relates to actions that have been commenced in the Ontario, Quebec and Alberta as well as parallel proceedings in the United States District Court (Southern District of New York).
  • Trial counsel to one of the world's leading manufacturers of fire protection systems in 20 claims and cross-claims resulting from a large factory fire, including a product liability/environmental class action claiming C$80-million in damages. The class action was settled mid-trial, and subrogation claims against our client were dismissed after the trial concluded.
  • Counsel to a number of leading multinational pharmaceutical and medical device companies in multi-provincial class proceedings, alleging product liability (negligence in design, manufacture or warnings) and claiming hundreds of millions of dollars for personal injuries and medical monitoring and disgorgement remedies. Active class actions that Blakes is currently handling relate to pelvic repair systems with transvaginal mesh, hip replacement products, medications for severe acne, pain medications, antipsychotics and other medicines, and medical devices.
 

 INDUSTRY RECOGNITION

 

Blakes Class Actions lawyers have been recognized as leaders in their field in the current editions of the following publications:

  • Chambers Global: The World's Leading Lawyers for Business – In the Dispute Resolution: Class Action (Defence) category, two Blakes litigators and the Class Actions group are ranked in Band 1.
  • The Canadian Legal Lexpert Directory – Six of our lawyers are recognized as leaders in the Class Action practice area, and our firm is “Most Frequently Recommended” in this category.
  • The Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada – A Blakes lawyer is identified as a leader in Class Actions.
  • The Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada – Three Blakes litigators are recognized as leading cross-border litigation lawyers in the area of Class Actions.
  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys –Twelve lawyers were recognized as leading litigators. Blakes was also awarded “Class Action Firm of the Year” at the Benchmark Canada Awards in 2015.
  • The Best Lawyers in Canada – Twelve Blakes lawyers are recognized as leading lawyers in the area of Class Action Litigation, with one named Calgary’s Class Action Litigation “Lawyer of the Year.”
 

 PEOPLE

 
Page: 1 of 2       1 2        Items per page: 25 | 50 | ALL
Associate | Toronto
Toronto: 416-863-2678
Areas of Expertise: Litigation & Dispute Resolution, Securities Litigation, Corporate Litigation, Business Crimes, Investigations & Compliance, Class Actions, Cybersecurity and Data Breach Response & Litigation, Cybersecurity
Partner | Toronto
Toronto: 416-863-2269
Areas of Expertise: Class Actions, Constitutional & Charter of Rights, Product Liability, Privacy, Communications, Life Sciences, Infrastructure, Competition Litigation, Freedom of Information, Cybersecurity and Data Breach Response & Litigation, Cybersecurity, Government & Public Sector
Partner | Toronto
Toronto: 416-863-4316
Areas of Expertise: International Dispute Resolution, Corporate Litigation, Securities Litigation, Class Actions, Litigation & Dispute Resolution, Constitutional & Charter of Rights, Mining
Partner | Vancouver
Vancouver: 604-631-3344
Areas of Expertise: Litigation & Dispute Resolution, Corporate Litigation, Securities Litigation, Class Actions, Business Crimes, Investigations & Compliance, Anti-Corruption & Bribery, Construction, Construction Dispute Resolution, Mining Litigation & Dispute Resolution
Partner | Toronto
Toronto: 416-863-2429
Areas of Expertise: Securities Litigation, Class Actions, Business Crimes, Investigations & Compliance, Corporate Litigation
Partner | Vancouver
Vancouver: 604-631-4177
Areas of Expertise: Litigation & Dispute Resolution, Corporate Litigation, Securities Litigation, Construction Dispute Resolution, Class Actions, International Dispute Resolution, Mining Litigation & Dispute Resolution, Aboriginal Law, Environmental & Aboriginal
Counsel | Toronto
Toronto: 416-863-2426
Areas of Expertise: Construction Dispute Resolution, Class Actions, Product Liability, Corporate Litigation, Securities Litigation, Cybersecurity and Data Breach Response & Litigation
Senior Staff Lawyer | Toronto
Toronto: 416-863-2459
Areas of Expertise: Cybersecurity and Data Breach Response & Litigation, E-Discovery & Document Management, inSource, Competition & Antitrust, Litigation & Dispute Resolution, Class Actions
Partner | Toronto
Toronto: 416-863-3859
Areas of Expertise: Class Actions, Corporate Litigation, Securities Litigation, Competition Litigation, Pension Litigation, Constitutional & Charter of Rights
Partner | Toronto
Toronto: 416-863-5849
Areas of Expertise: Corporate Litigation, Tax Controversy & Litigation, Class Actions, Privacy, Freedom of Information, Media & Defamation, Constitutional & Charter of Rights, Business Crimes, Investigations & Compliance, Cybersecurity and Data Breach Response & Litigation, Construction Dispute Resolution, Cybersecurity
Partner | Toronto
Toronto: 416-863-3266
Areas of Expertise: inSource, Class Actions, Corporate Litigation, Competition Litigation, Merger Review & Control, E-Discovery/SIRs, Securities Litigation, E-Discovery & Document Management, Cybersecurity and Data Breach Response & Litigation, Cybersecurity
Partner | Toronto
Toronto: 416-863-4009
Areas of Expertise: Class Actions, Constitutional & Charter of Rights, Securities Litigation, Corporate Litigation, Mining, International Dispute Resolution, Banking
Associate | Vancouver
Vancouver: 604-631-4282
Areas of Expertise: Litigation & Dispute Resolution, Class Actions, Corporate Litigation, Product Liability, International Dispute Resolution
Partner | Montréal
Montréal: 514-982-4020
Areas of Expertise: Corporate Litigation, Product Liability, Restructuring & Insolvency, Aviation/Aerospace, Manufacturing, Banking, Class Actions, Business Crimes, Investigations & Compliance
Associate | Montréal
Montréal: 514-982-4023
Areas of Expertise: Class Actions
Associate | Toronto
Toronto: 416-863-2399
Areas of Expertise: Class Actions, Product Liability, Constitutional & Charter of Rights, Freedom of Information, Litigation & Dispute Resolution, Life Sciences, Government & Public Sector
Partner | Toronto
Toronto: 416-863-2938
Areas of Expertise: Class Actions, Constitutional & Charter of Rights, Corporate Litigation, Tax Controversy & Litigation, Aboriginal Law, Brownfields Redevelopment, Chemical & Waste Regulation, Environmental Assessment & Approvals, Environmental Litigation & Enforcement, Communications, Food, Beverage & Agribusiness, Manufacturing, Mining, Mining Streaming & Royalties, Environmental Litigation & Enforcement, Litigation & Dispute Resolution, Class Actions, Constitutional & Charter of Rights, Corporate Litigation
Staff Lawyer | Toronto
Toronto: 416-863-4276
Areas of Expertise: Litigation & Dispute Resolution, E-Discovery & Document Management, E-Discovery/SIRs, Class Actions, inSource
Partner | Montréal
Montréal: 514-982-5032
Areas of Expertise: Litigation & Dispute Resolution, Class Actions, Corporate Litigation, Securities Litigation, Restructuring & Insolvency, Intellectual Property, IP Licensing & Agreements, IP Litigation
Partner | Toronto
Toronto: 416-863-3283
Areas of Expertise: Competition & Antitrust, Marketing & Health Regulatory, Life Sciences, Class Actions, Foreign Investment, Competition Litigation, Abuse of Dominance & Reviewable Matters, Cartels & Criminal Investigations, Competition Law Compliance, Merger Review & Control, Misleading Advertising, E-Discovery/SIRs
Articling Student | Montréal
Montréal: 514-982-4293
Areas of Expertise: Litigation & Dispute Resolution, Class Actions, Product Liability
Partner | Toronto
Toronto: 416-863-4159
Areas of Expertise: Litigation & Dispute Resolution, Corporate Litigation, Securities Litigation, Product Liability, Pension Litigation, Class Actions, Equity Capital Markets, Enterprise Risk & Crisis Response
Associate | Montréal
Montréal: 514-982-4105
Areas of Expertise: Litigation & Dispute Resolution, Class Actions, Construction Dispute Resolution, Energy Litigation, Environmental & Aboriginal, Construction, Oil & Gas
Partner | Toronto
Toronto: 416-863-3082
Areas of Expertise: Class Actions, Product Liability, Life Sciences, Marketing & Health Regulatory, Litigation & Dispute Resolution, Retail & Consumer Products, Food, Beverage & Agribusiness
Partner | Toronto
Toronto: 416-863-3047
Areas of Expertise: Product Liability, Aboriginal Law, Class Actions, Drugs & Medical Devices, Mining Litigation & Dispute Resolution, Procurement
Page: 1 of 2       1 2        Items per page: 25 | 50 | ALL