In the last ten years, the advocates of Fraser Milner Casgrain and its predecessor firms have taken no fewer than 26 cases to the Supreme Court of Canada. Click here to see the list of cases.
Luc Giroux and J.L. McDougall are featured in 2007 Lexpert Guide to the US/Canada Cross-border Litigation Lawyers in Canada.


Class Actions

Class actions, which used to be primarily a U.S. phenomenon, are on the rise in Canada, since most Canadian provinces enacted legislation permitting class action certification in the 1990s, with the exception of Quebec, which has had such legislation since 1978 and has since eased the rules of certification. Class actions can be enterprise-threatening. They demand prompt response from an experienced legal team that strategizes with the client, respects the client’s business objectives and acts quickly to achieve the best possible result for the client.

The Class Actions Group at Fraser Milner Casgrain LLP has some of the lengthiest class action experience in Canada, especially in Quebec, where we are successful in defeating certifications in an increasingly class action-friendly jurisdiction. We were involved in Ontario's first class action proceeding, and in almost all of those in Alberta. Our clients include financial institutions, multinational pharmaceutical companies, pension funds, transportation carriers, automotive manufacturers, insurance companies and accounting firms. We can quickly mobilize our offices across Canada, whether for a product recall or a securities disclosure, whether for litigation or prevention. With our national strength in litigation, ADR, and competition law, we find the shortest, most cost-effective path to a lasting solution.


REPRESENTATIVE WORK
Nortel I & II: Assisting with implementation of global settlement of US securities class actions through courts in Ontario, Quebec and British Columbia

Denis v. Lafarge Canada Inc. et al. [2000] O.J. Nos. 4154 and 5783; and [2001] O.J. No. 1583: Opposed a class action against Lafarge for damages in the amount of approximately $25 million for product liability

Keewatin v. Ministry of Natural Resources and Abitibi Consolidated Inc.(now AbitibiBowater Inc.): Acting for AbitibiBowater in a claim brought by representatives of the Grassy Narrows First Nation, who claim that the provincial government has no authority to issue forestry licences in parts of northwestern Ontario covered by Treaty 3

Canadian Alliance of Pipeline Landowners’ Association v. TransCanada Pipelines Limited et al., Court File No. CP34306: Action based on s. 75 of National Energy Board Act and the easement agreements between landowners and TransCanada: Successfully represented TransCanada before the Ontario Superior Court of Justice and Ontario Court of Appeal in a $500M class action

Sandra Nette et al vs. Gregory John Stiles et al, with respect to the $500M class action lawsuit filed on behalf of Alberta’s chiropractic patients and their estates

Westport Motorcars et al v. Mercedes-Benz Canada Inc. et al, in the Victoria Registry of the Supreme Court of British Columbia, No. 080821, counsel to two automobile manufacturer defendants in a class action against seven manufacturers under the Competition Act in relation to the issue of U.S. v. Canada price differentials and warranties






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