Find Lawyers in Canada for Class Action Litigation
Practice Area Overview
In most Canadian provinces, the certification process for a proposed class action involves a similar test that uses the following criteria: (a) the statement of claim discloses a reasonable cause of action (i.e. one not plainly and obviously doomed to fail), (b) there is an identifiable class of two or more persons, (c) the claim raises common issues (the questions of law common to the class must predominate over questions affecting individual members), (d) a class proceeding is the preferable procedure for the resolution of the common issues (it supersedes other available methods to resolve the issue in dispute); and (e) the representative plaintiff will fairly and adequately represent the class.
Unlike in other Canadian provinces, Quebec’s class action screening phase is referred to as the “authorization” rather than “certification” stage. The authorization of a class action in Quebec is subject to meeting the following criteria: (a) the class members’ claims raise identical, similar or related questions of law or fact (common issues need not predominate), (b) the facts alleged seem to justify the conclusions sought, (c) it is difficult for the class members to join in the same suit or appoint a representative to act on their behalf, and (d) the representative plaintiff is in a position to adequately represent the class.
Once a class action is certified or authorized, the merits of the case will be assessed in a trial of the common issues, as in any other conventional lawsuit.
Each Canadian province provides for rights of appeal at the various stages of a class action and various regimes for the filing of evidence, preliminary motions, discoveries, and other procedural steps.
Class action lawyers must have a thorough understanding of the intricacies of class action proceedings and keep abreast of developments in this constantly changing area of the law. Clients facing a proposed class action should seek out firms and attorneys with recognized class action expertise, in addition to knowledge and experience regarding the substance of the claim.
Select a location from the list below to find the best legal talent for your needs.
Province
Rahool's practice focuses on complex commercial and civil litigation, including contractual disputes, shareholder disputes, proxy fights, director and officer liability, complex fraud cases and class actions. He has also acted in a broad range of constitutional and public law matters, including cases involving the constitutionality of a safe injection site, the application of state immunity to claims of torture and the discretion of physicians to unilaterally withdraw life support. Rahool has...
Sarah Armstrong is the Chair of Fasken’s Ontario Litigation and Dispute Resolution Practice Group. An experienced and strategic litigator with broad litigation, arbitration and dispute resolution experience, she has developed a robust practice focused on commercial and contractual disputes and class action defence. Sarah is also a member of Fasken’s Ontario Professional Development Committee and is Co-Chair of the firm’s Ontario Pro Bono Committee. Working with clients acros...
Éric Azran is a partner in the Litigation & Dispute Resolution Group. His practice extends to all aspects of civil and commercial litigation, ranging from providing clients with legal opinions and strategic advice to representing clients in Québec courts of first instance and appeal, as well as administrative tribunals. He also chaired the Montréal office’s Pro Bono Committee from 2010 to 2012. He is currently Co-Chair of the National Diversity Committee, and a ...
Matthew is a partner in the Class Actions group at McKenzie Lake Lawyers in London, Ontario, Canada. His practice focuses on Plaintiff side class actions and mass torts, particularly product liability and consumer protections claims. Matthew offers his clients a depth of experience and track record of success in many types of class actions. Since 2003, he has worked on some of the leading Canadian class actions.
Kirk is a partner at Koskie Minsky LLP and is head of the firm’s class action group. He has been repeatedly recognized by Lexpert, Chambers Canada and Benchmark Canada as a leading Canadian practitioner in the field of class action litigation. Mr. Baert has appeared in courts across the country, including the Ontario Court of Appeal, Quebec Court of Appeal, Newfoundland Court of Appeal and the Supreme Court of Canada, on matters dealing with all aspects of class action litigation. Mr. B...
Known for her strategic counsel and trial skills, Sandra Barton is a leading civil and commercial litigation lawyer based in the Toronto office. Sandra is recognized as one of the top corporate commercial litigators in Canada by the Canadian Legal Lexpert Directory , and was featured among the country’s leading class actions lawyers in the 2015 edition of The Best Lawyers in Canada . Working seamlessly with clients and counsel across Canada and the U.S., Sandra brings extensive expertis...
Seasoned litigator Marc Beauchemin is a key player on Montréal’s municipal and legal scene. As Chair of De Grandpré Chait's Board of Directors and Executive Committee, Marc Beauchemin plays a central role within the firm. His legal practice has two foci. In his first area of practice, municipal law, he represents the private interests of his clients, particularly major property owners, in the context of real estate developments throughout Québec. He and his speciali...
Jean Bertrand focuses on commercial and corporate litigation, including class actions and arbitration, and on administrative law, with emphasis on regulated activity such as competition, transportation, international trade and energy. He has appeared frequently before Quebec and federal courts, including the Supreme Court of Canada, as well as before regulatory boards such as the Commission des transports du Québec, the Régie de l’énergie, the Competition Tribunal, ...
Laurence Bich-Carrière practises in the Litigation Group. A member of the Quebec Bar and of the Law Society of Ontario, her practice is wide-ranging, and she provides services in areas that include class actions, municipal affairs, consumer protection, construction law, administrative law, and infrastructure. She represents a variety of clients before the court, particularly in appeal cases, and also advises clients on drafting and negotiating contracts and settlements and on risk mana...
A litigator since 1992, Caroline Biron advises the firm’s clients in the resolution of high-stakes disputes in a variety of areas, ranging from commercial law, corporate law, employment law, civil litigation (including defamation issues), privacy and professional liability law. https://woods.qc.ca/en/team/caroline-biron
David Bishop is a partner at Gowlings and head of Calgary's Advocacy Group. David’s practice involves all aspects of corporate/commercial litigation with an emphasis on directors' and officers' defence, product liability, professional liability disputes, shareholder disputes, class actions, large property and industrial claims, and environmental litigation. He is familiar with all aspects of dispute resolution, including private mediations, judicial dispute resolution conferences and ar...
Joëlle Boisvert is the Managing Partner of the firm's Montréal office and a member of the firm’s national executive team. As an experienced commercial litigator, Joëlle counsels large national and international companies with regards to a variety of complex dispute matters. During her 25-year career, she has developed extensive experience in class actions and litigation pertaining to commercial and real estate law, including in the areas of franchising, as well as manuf...
Andrew Borrell is a litigation and dispute resolution Partner in Fasken's Vancouver office. As an internationally-recognized leader in the defence of class actions, he represents defendants in matters in the Superior Courts and Courts of Appeal, as well as the Supreme Court of Canada. Andrew also advises defendants who anticipate defending class actions or seek to limit their exposure to class actions.
Jean-Michel's practice focuses on commercial litigation, class actions, product liability, insurance law and securities litigation. He is currently involved in a number of ongoing class actions where he defends major corporations and company directors and officers. Before joining IMK, Jean-Michel served as a clerk at the Supreme Court of Canada for the Honourable Ian Binnie and practiced commercial litigation at Sullivan & Cromwell LLP in New York City. Jean-Michel is the co-author of thr...
Noah Boudreau is a member of the Litigation & Dispute Resolution group. His practice is primarily focused on class action, product liability, cybersecurity, consumer protection and transportation litigation matters. Noah acts regularly for internationally known corporations in the defence of significant private and class actions. Many of his cases have cross-border and international implications and Noah works closely with counsel in the U.S. and other jurisdictions to ensure strategic co...
Guillaume Boudreau-Simard is a partner in the Litigation & Dispute Resolution Group. Over the years, Guillaume has developed a specific expertise in class actions primarily defending manufacturers and banking institutions. His practice focuses on all aspects of litigation, including advising, drafting procedures and representing clients before the courts. Guillaume also possesses a vast experience in other various types of litigation, including matters related to commercial or contractual...
Myriam Brixi practises in civil and commercial litigation, primarily in the areas of class actions, product liability and insurance law. She has participated in complex class actions raising important legal issues, including a wide range of multi-jurisdictional class actions. The experience she has gained in these major cases has enabled her to develop a comprehensive knowledge of the procedural and strategic aspects of class actions in Canada. Me Brixi is ranked as a Future Star by Benchmark...
David Byers is senior counsel and former Co-Chair of the National Litigation & Dispute Resolution Group. David is highly experienced in complex commercial litigation, including product liability, securities, insolvency and insurance, as well as in domestic and international arbitration. David has extensive advocacy experience appearing before both the Trial and Appellate levels of courts in Ontario. His representations reflect a practice of extraordinary depth and scope, including acting ...
Mr. Caron is a founding partner of LCM and is the managing partner of the firm. He focuses his practice on litigation and commercial law. Business communities turn to him for his proven ability to find solutions to complex problems. He has been involved in a number of major class actions and has extensive experience in arbitration and alternative dispute resolution. He regularly acts on behalf of financial institutions, including securities brokers and advisors, whom he counsels on the drafti...
Maddy’s practice involves representing plaintiffs in class actions involving institutional abuse, environmental issues, pharmaceutical and product liability, Crown liability, privacy breaches, and a variety of other systemic issues. Maddy has a law degree from the Schulich School of Law (2010) and a Master of Law from Cambridge University (2014). She is a recipient of the Right Honourable Paul Martin Sr. Scholarship and was recognized by Cambridge University for her academic achievement...
Tracey Cohen, KC is a leading commercial litigation and dispute resolution Partner in the Vancouver office. Tracey has been recognized for expertise in Corporate and Commercial Litigation, Securities Litigation and International and Commercial Arbitration and has repeatedly been recognized as one of Canada’s top 25 female litigators. Tracey was appointed as King’s Counsel in 2015 and was admitted as a Fellow of the American College of Trial Lawyers in March 2019. Tracey has been n...
Laura Cooper is Leader of Fasken’s Litigation and Dispute Resolution Practice Group and Co-Chair of the firm’s Class Actions practice group. She has extensive experience in class action litigation, with particular emphasis on securities, competition, consumer and privacy class actions. Laura acts regularly for internationally known corporations in the defence of significant class actions. Many of her cases have cross-border and international implications and Laura works closely wi...
Bob Cooper is a trial lawyer practicing with a focus on corporate, commercial, class action and securities litigation. Beginning his practice as criminal defense counsel, Bob has helped clients navigate their most difficult circumstances for more than 30 years. His work encompasses a broad range of legal issues and a diverse base of Canadian and international clients. In addition to representing clients at every level of court, he appears as counsel before regulatory tribunals and in domestic...
Marc-André Coulombe is a partner in the Litigation & Dispute Resolution Group and a member of the firm’s Partnership Board. He joined the firm as a student in 1991, and became a member of the Quebec Bar in 1993. His practice covers all facets of litigation, ranging from providing strategic advice to clients on litigious or potentially litigious issues to representing clients at trial and in appeal before the Quebec courts and the Federal Court of Canada. He has broad experien...
Geoff Cowper, KC is a leading general litigator and a leader of the Firm's Litigation & Dispute Resolution group. Geoff has served as counsel in leading private and public cases in Canada and internationally. These have included leading decisions with national and international dimensions respecting commercial law, public law and human rights.
Vincent de l’Étoile is a partner of the litigation group and he is a member of the firm’s Board of Directors. He has specialized mainly in the fields of civil and commercial litigation, class actions, product liability, consumer law and competition law. Vincent is a creative and dedicated lawyer combining pragmatism and depth to satisfy clients’ needs. He is leading cases, advises and assists his clients in various fields. His practice is mainly characterized by the d...
For 30 years, Craig Dennis, Q.C. has represented clients in significant litigation matters at the trial and appellate levels. Craig is a partner at Dennis James Aitken LLP. His practice has a business focus with an emphasis on the effective resolution of complex commercial disputes. His litigation expertise includes the defense of class actions, professional liability, shareholder and related corporate disputes, product liability, land-related disputes, as well as administrative and constitut...
Jeremy Devereux acts as an advocate and negotiator in a wide range of complex commercial and regulatory matters. His experience includes securities and financial services disputes, regulatory investigations and prosecutions, corporate and commercial litigation, class actions, employment law, estates litigation, mining law and administrative law. He has appeared as counsel before the Ontario courts, the Federal Court of Canada, and numerous tribunals and arbitration panels. Mr. Devereux freque...
Tony is a Partner and Co-Leader of the firm’s Competition, Marketing and Foreign Investment Group. As former counsel to Canada’s Commissioner of Competition (Department of Justice Canada) and having served as counsel in many of Canada’s most significant competition matters, Tony is widely recognized as one of Canada’s leading practitioners in competition law and litigation. Tony represents and counsels clients in domestic and multi-jurisdictional competition matters, i...
Alex Dobrota is a partner at Woods LLP whose practice focuses on complex commercial cases, cross-border disputes, insolvency matters (domestic and international) and international arbitration. He has extensive experience pleading before all levels of Quebec courts and participating in commercial arbitrations with strategic and/or reputational risks for Canadian and foreign companies in the province of Quebec. He has successfully represented clients in the context of litigations arising from s...
Alan D’Silva is a partner in the Litigation & Dispute Resolution Group. He is considered a leading litigation lawyer in Canada with expertise in a number of areas of law, including defence of class actions, corporate/commercial disputes, securities litigation, shareholder/oppression cases, large insurance litigation, accountants’ and auditors’ negligence, professional negligence, sports law and directors’ and officers’ claims. Alan has served on the Managemen...
Co-Chair, Product Liability Teresa Dufort is a partner in McMillan's Litigation Group and Co-Leader of the firm's Product Liability Defence and Regulatory Group. She is also active in the Class Action Group, a member of the firm's Board of Partners and the firm's Knowledge Management Partner. Teresa's practice is heavily focused on product liability defence and products related regulatory issues. She acts as the prime Canadian counsel to numerous Canadian, American, European and Asian manufac...
Éric Dunberry is an experienced jurist, strategist and negotiator concentrating on risk management and dispute resolution for companies in the public and private sectors, most notably in connection with national class actions, particularly in matters relating to energy, manufacturer’s liability, and infrastructure and transportation projects. He represents an extensive institutional clientele before the courts of original jurisdiction and courts of appeal and regulated companies ...
Jim’s knowledge and expertise are focused on construction, insurance, energy and resources, professional liability, and civil disputes in business and other contexts, from a problem solving and litigation perspective. He has experience before all levels of court in Saskatchewan, courts in Ontario, Manitoba, Alberta and the Supreme Court of Canada, as well as before various administrative tribunals and regulatory bodies. He has also appeared before arbitral tribunals and served as an arb...
As a partner at JSS Barristers, Kajal’s practice primarily involves large and complex file management, organization, and analysis. Kajal has experience advocating claims on behalf of individuals, corporations, and groups of litigants. In her practice she works closely with her clients including individuals, in-house counsel and business groups. Kajal practices in most areas of civil litigation with a focus on oil and gas litigation, securities litigation, construction disputes, includin...
Craig Ferris, QC is a litigator and acts for clients in commercial and business disputes. His particular areas of specialization include shareholder remedies, trust, pension and fiduciary disputes, securities and transactional litigation, product liability, mining disputes and real estate litigation. Craig has appeared in all levels of court in British Columbia as well as the Supreme Court of Canada. He has also acted in private arbitrations and in administrative settings including before the...
Bryan Finlay KC is recognized as one of the top litigation lawyers in Canada. Bryan's counsel practice is broad and has engaged the most complex commercial, constitutional, tort and public law issues. These have included issues of corporate espionage, spoliation, fraud, shareholder rights, directors' and officers' responsibilities, financial reporting obligations, responsibilities and obligations of government and its various agencies, securities regulation, fiduciary obligations, defamation,...
François Fontaine has a wealth of experience as a litigator in civil, corporate and commercial litigation and penal procedure, including white collar crime and regulatory investigations, before all Quebec courts and the Supreme Court of Canada. Mr. Fontaine devotes a significant portion of his practice to representing clients before the courts and tribunals in administrative litigation (including injunctions and judicial review). Mr. Fontaine has a great deal of experience in fraud and...
Linda Fuerst's litigation practice covers a broad range of commercial and professional liability matters, with a particular focus on securities litigation, class proceedings and regulatory issues. She has litigated civil, criminal and regulatory matters and has appeared before all levels of court in Ontario, the Supreme Court of British Columbia, the Supreme Court of Nova Scotia and the Nova Scotia Court of Appeal, and represented clients in connection with investigations and proceedings by t...
Craig practices exclusively in the area of serious personal injury and medical malpractice. He has represented clients all over western Canada and across the entire province of Alberta. He has appeared at all levels of court in Alberta and obtained successful trial verdicts on a wide range of personal injury claims. Collectively, he has recovered tens of millions of dollars for his clients and has represented individuals in many multi-million dollar settlements. Craig has been recognized for ...
Sean Griffin is a partner in the litigation group in Langlois lawyers’ Montréal office and a member of the firm’s Board of Directors. His practice focuses on complex litigation involving constitutional, administrative and commercial law issues, as well as corporate and securities matters. With recognized expertise in defending public and private corporations, financial institutions and various entities active in the financial markets, including their directors and officers,...
David takes a holistic approach to his cases in order to find efficient and practical real-world solutions for his clients. He represents clients in a diverse group of practice areas, with a focus on contractual claims and civil liability. He has particular expertise managing complex and multi-party disputes, and has pleaded before all levels of court in Canada, including the Supreme Court. David is also a director of the Raoul Wallenberg Centre for Human Rights, where he works, among other p...
Paule Hamelin is a partner in the firm's Montréal office, practising primarily in civil and commercial litigation, including product liability, contractual commercial disputes (contract of services, franchises or leases) and bank litigation. Paule is also involved in the areas of regulatory and compliance law, energy, consumer protection law, marketing and advertising law and privacy law. A portion of her practice is also devoted to extraordinary recourses and class actions. She has ap...
Douglas Harrison is an independent commercial arbitrator and mediator, handling both international and domestic Canadian business disputes. He also acts as legal counsel in select matters, including designing arbitral procedures and enforcing arbitral awards, as well as doing opinion work. Mr. Harrison is a Fellow of the Chartered Institute of Arbitrators, a member of the CPR Panels of Distinguished Neutrals as both an arbitrator and mediator (Global Panel, Product Liability Panel and Pro Bon...
Robert has extensive experience in oil and gas litigation and arbitrations, construction litigation, contract breach cases, First Nations governance, pension litigation and defamation actions, and he has represented clients in professional disciplinary matters before the Alberta Securities Commission, APEGGA, CREB and the Professional Conduct Committee of the Canadian Institute of Actuaries. He acts for a range of clients, from large corporations, pension funds and public institutions to indi...
Mr. Hordo has over 35 years of litigation experience, including commercial and partnership disputes, securities and pension matters, professional negligence, class actions, aviation product liability, administrative law, and catastrophic personal injury. Mr. Hordo has appeared in all levels of Court in British Columbia. He has also been counsel at both the trial and appeal level of the Federal Court of Canada and in the Supreme Court of Canada. He has acted as counsel in numerous complex comm...
Samaneh Hosseini is a partner in the Litigation & Dispute Resolution Group. Her practice focuses on commercial litigation with an emphasis on complex contract disputes, class actions, securities litigation, shareholder disputes and product liability. Sam has significant experience defending a variety of domestic and multi-jurisdictional class actions including cases involving securities law, product liability, franchise law, competition law and consumer protection. Sam regularly advises c...
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