Class Actions

A class action can have devastating economic consequences for a business. Fraser Milner Casgrain LLP (FMC) has the expertise and experience to formulate and execute the most effective responses to class litigation. Our national platform enables us to deliver comprehensive and seamless support to deal with multi-jurisdictional issues that increasingly arise in today’s global economy, both within Canada and internationally. Our litigators have appeared in courts across the country and they have contributed to some of Canada’s leading class action jurisprudence in the common law provinces and Quebec. We employ a range of defence strategies to reduce or eliminate the exposure of our clients including:

  • Risk managing a potential class claim even before litigation is commenced
  • Opposing motions for class action certification in a focused and strategic manner, including initial challenges to jurisdiction, preliminary attacks on unfounded claims, narrowing the proposed class composition and limiting the scope of common issues
  • Developing defendant-sponsored preferable procedures that enable a defendant to both control the process and tailor it to the operations of its particular business 
  • Devising and implementing innovative settlement strategies

FMC has specialized proficiency in the practice areas that are frequently the subject of class actions and regularly represents clients in all of these areas, including Professional Liability, Product Liability and Consumer Protection, Competition, Securities and Investments, Employment and Pensions, Tax, and Environmental and Aboriginal. Members of our class action team have spoken and written extensively on class actions and are highly ranked by legal directories such as Lexpert, Practical Law Company, Chambers Global and Martindale-Hubbell.

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Representative Work
Contat v. GMCL et al., C.A. Montréal, 2009 CanLII 1699 (QCCA): representing eight automotive companies in the successful dismissal of a multibillion-dollar class petition concerning the alleged false credit rate advertising and contractual violations of the Québec Consumer Protection Act
Nortel I & II Class Actions: Nortel I & II, 2009 CanLII 2407 (QCCS), 2008 CanLII 1132 (QCCA), 2007 CanLII 1208 (QCCA), 2007 CanLII 696 (ON S.C.), 2007 CanLII 266 (QCCS): Assisting U.S. Counsel in obtaining Canadian court approval to implement global settlement of U.S. securities class actions through courts in Ontario, Quebec and British Columbia and challenges to Canadian class counsel fees
Acted as defence counsel in a precedent-setting class action case involving CV Technologies Inc. under s. 138 of the Ontario Securities Act regarding secondary market liability. Ainslie v. CV Technologies Inc., (2008), 304 D.L.R. (4th) 713 Ont. S.C.J.).
Pichette v. Toronto Hydro, 2010 ONSC 4060 (CanLII). Settled a major class action against Toronto Hydro and all municipal electrical utilities in Ontario for restitution of late payment penalties they charged. The class action involved both a plaintiff and defendant class and the settlement terms were novel with respect to the defendant class opt out rights etc. Defendant class actions are rare and certified and settled defendant class actions are even rarer.
Delf v. Merit Energy et al., 2001 CanLII 138 (ABCA): acted for six underwriters including RBC Dominion Securities and BMO Nesbitt Burns in the defence of a prospectus misrepresentation class action claim and multiple individual claims in three provinces brought against the underwriters, directors and officers, and auditors of an energy company that failed shortly after the closing of a $15 million offering
Corless v. KPMG LLP, 2008 CanLII 39784 (ON S.C.): Represented KPMG LLP in the defence of a national class action commenced in Ontario on behalf of current and former employees of KPMG with respect to unpaid overtime
Publications
Did you know?
Brian Foster, Q.C. is a member of the Steering Committee of the Canadian Bar Association Class Action Group.
The Canadian Legal LEXPERT Directory 2011 ranks Laurent Nahmiash as a leading class action lawyer and John Lorn McDougall Q.C. is ranked as a leading class action lawyer in The Canadian Legal LEXPERT Directory 2011 and The Best Lawyers in Canada 2012.
In the last decade, the advocates of Fraser Milner Casgrain and its predecessor firms have taken no fewer than  31 cases to the Supreme Court of Canada including some class actions. Click here to see the list of cases.
Key Contacts