There has been a dramatic increase in the number of class actions filed in Canada over the past five years and that trend is continuing in all Canadian jurisdictions.
Blakes is recognized as one of the leading Canadian law firms in defending class action suits across the country. Our Class Action Group has substantial expertise defending domestic and multinational companies facing class actions both provincially and nationally.
Having represented clients in more than 150 class actions, our group defends claims of all types, including, among others:
We have considerable experience working with in-house, U.S. and foreign national outside counsel, co-ordinating the defence of class actions that have global implications.
Blakes brings considerable strength to the table:
- We have more than 550 lawyers in offices in Montréal, Ottawa, Toronto, Calgary, Vancouver, New York, Chicago, London, Bahrain, Beijing and associated offices in Al-Khobar and Shanghai.
- Our experience and our national presence enable us to effectively co-ordinate a team to defend clients facing class actions in multiple Canadian jurisdictions.
- Our group is complemented by the expertise of specialty lawyers in all departments of the Firm and is supported by a strong paralegal team.
- We have the technology needed to handle large document cases. Blakes is the first Canadian law firm to offer the Clearwell E-Discovery Platform in-house, a resource that significantly reduces the time and cost associated with electronic discovery.
Blakes litigators are regularly invited to speak on class action topics for continuing legal education and industry seminars. Our Class Action Group includes three partners who are editor-in-chief and contributing editors, respectively, of the Federated Press Class Action Journal.
Recent Representative Experience
Antitrust and Competition Act
Counsel to a leading multinational computer software developer in antitrust class actions in British Columbia, Ontario and Quebec; counsel to major manufacturers in the defence of five separate class actions alleging conspiracy to fix prices of food additives in violation of the Competition Act; and counsel to an art dealer and a metals producer in the defence of separate class actions alleging conspiracy to fix prices in violation of the Competition Act.
Consumer
Counsel to a major multinational software developer, restaurant chain, professional sports organization, sports team and major gas supplier in a wide variety of class actions involving consumer claims; counsel to a major owner and operator of hotels and vacation resorts around the world in the defence and settlement of a class action brought against it by resort guests; and counsel to a major beverage manufacturer in successfully defending a claim for all funds obtained from bottle recycling across Canada.
Financial Services and Insurance
Counsel to a major Canadian trust company in defence of a class action relating to loan transactions; counsel to a major Canadian bank in defence of a class action relating to foreign currency transactions; and counsel to a trust company in defence of a class action brought on behalf of a group of investors in syndicated mortgages.
Other recent experience includes claims involving credit card interest and failed investments.
Employment
Counsel to two companies in the successful defence of two separate class actions involving claims under the Employment Standards Act. Blakes also advises clients on the risk of exposure to overtime litigation and strategies for managing obligations.
Environmental
Counsel to defendants and third parties in several actions involving groundwater contamination from neighbouring industrial sites.
Pensions and Employee Benefits
Counsel in one of the first cases in which a plaintiff moved for certification of a defendant group; and counsel to other organizations in actions involving sharing of pension plan surpluses and retiree benefits. Also counsel to a major retailer in successfully defending allegations that it breached its obligations to members of a contributory defined benefit plan.
Product Liability (Drug and Medical Device)
Counsel to multinational manufacturers of pharmaceuticals and medical devices in defence of class actions across Canada. Blakes has represented major medical device and dental product manufacturers in class actions brought on behalf of patients. Blakes also acts for leading international pharmaceutical companies in the defence of proposed product liability class actions brought in Ontario, British Columbia and Quebec on behalf of Canadian patients.
Product Liability (General)
Counsel to a manufacturer in the negotiation and settlement of a case where the court later issued the first "bar order" in an Ontario class action suit, which precludes non-settling defendants from continuing claims against certain settling defendants for contribution and indemnity; and counsel to a multinational fire protection systems manufacturer in the successful defence of a class action arising out of a fire at a plastics manufacturing facility.
Securities and Shareholder Rights
Counsel to defendants in class actions arising from the collapse of a publicly traded company and opposed class certification in another action involving a company "going private." Blakes also successfully defended a Canadian securities commission named as a third party in a class action.
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Industry Recognition
Blakes class action lawyers have been recognized as leaders in their field by various surveys, including:
- The Best Lawyers in Canada 2010
Six Blakes litigators are recognized as leaders in the area of class action litigation.
- Chambers Global: The World's Leading Lawyers for Business 2010
In the category of dispute resolution - class action, three Blakes litigators are recognized. Comments include "a well-regarded and seasoned litigator" and "a very smart lawyer with a sophisticated practice."
- The Canadian Legal Lexpert Directory 2010
Since 2004, the Blakes Litigation & Dispute Resolution Group and a number of our lawyers have been recommended in multiple litigation and dispute resolution practice areas, including Class Actions.
- The 2009 Lexpert Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada
Three Blakes litigators are nominated as leading cross-border litigation lawyers in the area of Corporate Commercial, Class Action & Securities and two litigators are nominated as "Canadian Litigation Lawyers to Watch."
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