Best Lawyers for Class Action Litigation in Canada

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Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Corporate and Commercial Litigation Class Action Litigation
Lawyer
Joseph J. Arvay, Q.C. was awarded  "Lawyer of the Year" in

Joseph J. Arvay, Q.C.

Arvay Finlay
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Aboriginal Law Administrative and Public Law Corporate and Commercial Litigation Class Action Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Class Action Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Class Action Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Class Action Litigation Corporate and Commercial Litigation
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Class Action Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Director and Officer Liability Practice Securities Law Class Action Litigation
Lawyer
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Class Action Litigation Insurance Law Product Liability Law Director and Officer Liability Practice Corporate and Commercial Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Class Action Litigation Product Liability Law
Lawyer
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Class Action Litigation
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Class Action Litigation
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Class Action Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Director and Officer Liability Practice Insolvency and Financial Restructuring Law Corporate and Commercial Litigation Bet-the-Company Litigation Product Liability Law International Arbitration Class Action Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Class Action Litigation Corporate and Commercial Litigation
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Class Action Litigation Product Liability Law Insurance Law
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Class Action Litigation Competition / Antitrust Law
Lawyer
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Class Action Litigation Corporate and Commercial Litigation
Lawyer
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Securities Law Corporate and Commercial Litigation Legal Malpractice Law Appellate Practice Administrative and Public Law International Arbitration Class Action Litigation Director and Officer Liability Practice Bet-the-Company Litigation
Lawyer
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Personal Injury Litigation Class Action Litigation
Lawyer
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Product Liability Law Appellate Practice Class Action Litigation Administrative and Public Law Corporate and Commercial Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Class Action Litigation Competition / Antitrust Law
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Product Liability Law Environmental Law Class Action Litigation
Lawyer
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Class Action Litigation
Lawyer
  • Location:
    Regina, Saskatchewan
  • Practice Areas:
    Insurance Law Construction Law Corporate and Commercial Litigation Class Action Litigation
Lawyer
  • Location:
    Edmonton, Alberta
  • Practice Areas:
    Class Action Litigation Aboriginal Law
Lawyer
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Corporate and Commercial Litigation Alternative Dispute Resolution Class Action Litigation Employee Benefits Law
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Bet-the-Company Litigation Administrative and Public Law Director and Officer Liability Practice Corporate and Commercial Litigation Class Action Litigation Securities Law
Lawyer
  • Location:
    London, Ontario
  • Practice Areas:
    Class Action Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Corporate and Commercial Litigation Class Action Litigation
Lawyer
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Medical Negligence Class Action Litigation Personal Injury Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Class Action Litigation
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Personal Injury Litigation Director and Officer Liability Practice Product Liability Law Class Action Litigation Legal Malpractice Law Insurance Law
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Class Action Litigation Corporate and Commercial Litigation
Lawyer
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Defamation and Media Law Corporate and Commercial Litigation Director and Officer Liability Practice Class Action Litigation
Lawyer
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Corporate and Commercial Litigation Personal Injury Litigation Class Action Litigation Product Liability Law Aviation Law
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Securities Law Director and Officer Liability Practice Corporate and Commercial Litigation Class Action Litigation
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Class Action Litigation Product Liability Law
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Class Action Litigation Corporate and Commercial Litigation Securities Law
Lawyer
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Personal Injury Litigation Class Action Litigation Corporate and Commercial Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Class Action Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Securities Law Class Action Litigation Competition / Antitrust Law Corporate and Commercial Litigation Corporate Law
Lawyer
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Class Action Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Bet-the-Company Litigation Corporate and Commercial Litigation Class Action Litigation Competition / Antitrust Law Securities Law
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Class Action Litigation Corporate and Commercial Litigation
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Class Action Litigation Corporate and Commercial Litigation Product Liability Law
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Insurance Law Class Action Litigation Professional Malpractice Law
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Corporate and Commercial Litigation Class Action Litigation
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Labour and Employment Law Class Action Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Corporate and Commercial Litigation Class Action Litigation Real Estate Law Administrative and Public Law Securities Law
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Corporate and Commercial Litigation Class Action Litigation Franchise Law
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Corporate and Commercial Litigation Class Action Litigation
Lawyer
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Alternative Dispute Resolution Class Action Litigation Director and Officer Liability Practice Corporate and Commercial Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Class Action Litigation
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Corporate and Commercial Litigation Class Action Litigation Bet-the-Company Litigation Product Liability Law
Lawyer
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Class Action Litigation Appellate Practice Alternative Dispute Resolution Corporate and Commercial Litigation
Lawyer
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Class Action Litigation Appellate Practice Alternative Dispute Resolution Corporate and Commercial Litigation Bet-the-Company Litigation Securities Law
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Corporate and Commercial Litigation Class Action Litigation
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Corporate and Commercial Litigation Class Action Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Corporate and Commercial Litigation Class Action Litigation Personal Injury Litigation Director and Officer Liability Practice Product Liability Law
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Class Action Litigation
Lawyer
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Securities Law Director and Officer Liability Practice Class Action Litigation Labour and Employment Law Corporate and Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Director and Officer Liability Practice Class Action Litigation Product Liability Law Insurance Law Legal Malpractice Law
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Director and Officer Liability Practice Class Action Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Corporate and Commercial Litigation Securities Law Director and Officer Liability Practice Legal Malpractice Law Bet-the-Company Litigation Class Action Litigation
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Class Action Litigation Construction Law Corporate and Commercial Litigation Appellate Practice
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Bet-the-Company Litigation Class Action Litigation Administrative and Public Law Labour and Employment Law Corporate and Commercial Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Corporate and Commercial Litigation Class Action Litigation Legal Malpractice Law Appellate Practice Personal Injury Litigation
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Corporate and Commercial Litigation Product Liability Law Construction Law Class Action Litigation
Lawyer
  • Location:
    London, Ontario
  • Practice Areas:
    Class Action Litigation Product Liability Law
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Class Action Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Product Liability Law Insurance Law Class Action Litigation
Lawyer
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Class Action Litigation
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Corporate and Commercial Litigation Product Liability Law Class Action Litigation
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Class Action Litigation Corporate and Commercial Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Bet-the-Company Litigation Corporate and Commercial Litigation Administrative and Public Law Alternative Dispute Resolution Labour and Employment Law Class Action Litigation
Lawyer
  • Location:
    Vancouver, British Columbia
  • Practice Areas:
    Class Action Litigation Corporate and Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Securities Law Corporate and Commercial Litigation Class Action Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Personal Injury Litigation Medical Negligence Health Care Law Product Liability Law Class Action Litigation Professional Malpractice Law
Lawyer
  • Location:
    Calgary, Alberta
  • Practice Areas:
    Class Action Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Corporate and Commercial Litigation Class Action Litigation
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Class Action Litigation Corporate and Commercial Litigation
Lawyer
  • Location:
    Halifax, Nova Scotia
  • Practice Areas:
    Personal Injury Litigation Class Action Litigation Medical Negligence
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Corporate and Commercial Litigation Class Action Litigation Franchise Law Product Liability Law
Lawyer
  • Location:
    Toronto, Ontario
  • Practice Areas:
    Class Action Litigation Insurance Law
Lawyer
  • Location:
    Montréal, Quebec
  • Practice Areas:
    Defamation and Media Law Class Action Litigation International Arbitration Appellate Practice Director and Officer Liability Practice Alternative Dispute Resolution Securities Law Corporate and Commercial Litigation Labour and Employment Law Legal Malpractice Law Bet-the-Company Litigation
Lawyer
  • Location:
    London, Ontario
  • Practice Areas:
    Class Action Litigation

  • Location:
  • Practice Areas:

Practice Area Definition

Class Action Litigation Definition

Canadian class action activity has been steadily on the rise for the past few years and this trend is expected to continue in years to come. Unlike in the United States, the Canadian class action landscape features a low bar for the certification (or authorization) of a class action and our courts do not apply a rigorous scrutiny standard at that stage.

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.

Vincent de l’Étoile, Partner
Langlois Lawyers LLP

Langlois Lawyers LLP logo

Canadian class action activity has been steadily on the rise for the past few years and this trend is expected to continue in years to come. Unlike in the United States, the Canadian class action landscape features a low bar for the certification (or authorization) of a class action and our courts do not apply a rigorous scrutiny standard at that stage.

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.