Class Action Defence

Overview

Osler’s Class Actions Defence Practice Group has successfully defended clients in many of the leading and complex class action cases in Canada. We specialize in developing multi-faceted national class action defence strategies and, when necessary, co-ordinating with U.S. counsel to supplement and execute a cohesive, solution-focused North American defence strategy. We also have an excellent track record in opposing and defeating class certification and winning early dismissals in every major jurisdiction in Canada. This practice includes mandates across a wide range of areas including: product liability, consumer protection (Québec's Consumer Protection Act), privacy, securities, environmental, false or misleading advertising, pensions and benefits, employment and franchise.

Our class action team, ranked Band 1 in Chambers Canada — one of the leading legal directories in the world — is experienced in guiding clients through the most complex business-critical challenges. We offer:

  • Risk mitigation – We work proactively with clients to develop risk management strategies to avoid claims whenever possible and to be “litigation ready” when claims are commenced. Osler will rapidly mobilize the right team to assist in minimizing the impact of a class action through immediate management of processes and documents, aggressive early assessment and planning, probable risk assessment, budget controls and crisis communications.

  • National co-ordinating trial counsel – Our lawyers serve in the role of national counsel across Canada and are able to respond to cases simultaneously across the country, including in Québec, where civil rules apply. We have ongoing experience in leading and co-ordinating multijurisdictional, U.S. and international cases.

  • Unmatched research capabilities – The research requirements for effective defence of a class action can be complex and detailed. Osler’s Research Department provides sophisticated support leading to precedent-setting results.

  • Thought leadership – Our work has been instrumental in establishing leading principles of class action law, including the right of a defendant to defer the filing of a defence until after certification; the right to conduct examinations of representative plaintiffs in aid of certification; the nature of evidence to be filed on certification; the rules regarding solicitation of class members by plaintiff’s solicitors; and the necessity of considering the merits of the claim as part of the certification process.

  • Discovery management – Our discovery management specialists have extensive experience in delivering customized, cost-effective and efficient discovery solutions in complex multijurisdictional class actions.

DownloadDownload

Related Expertise

Sonia Bjorkquist

Partner, National Chair, Litigation
Toronto

Laura Fric

Partner, Litigation
Toronto

Deborah Glendinning

Partner, Litigation
Toronto

Tristram Mallett

Partner, Litigation
Calgary

Christopher Naudie

Partner, Litigation
Toronto

Éric Préfontaine

Partner, Litigation
Montréal
  • BP

    BP p.l.c. in a securities class action arising from the 2010 Deepwater Horizon explosion

  • GuestLogix Inc.

    GuestLogix Inc. in proposed securities class action alleging misrepresentations contained in company’s public disclosures relating to certain credit facilities

  • Manulife

    Manulife in a proposed class action commenced in British Columbia relating to the distribution of mortgage insurance products by Manulife’s wholly-owned subsidiary, Benesure Canada Inc.

  • Boston Scientific Ltd. and Boston Scientific Corporation

    Boston Scientific Ltd. and Boston Scientific Corporation in fifteen individual matters in three provinces, as well as a certified class action in Ontario and three proposed class actions in other provinces (Saskatchewan, Alberta, Quebec)

  • Facebook, Inc.

    The BC Court of Appeal stayed a privacy class action in Douez v. Facebook, Inc. by enforcing a forum selection clause in favour of the courts of California. In a narrow 4-3 judgment, the SCC overturned the decision.

  • Cadbury Adams Canada Inc.

    Cadbury Adams Canada Inc. in 14 class actions across Canada arising from a regulatory investigation into the pricing and sale of chocolate confectionary products in Canada.

  • Elpida Memory Inc.

    Elpida Memory Inc. in an indirect purchaser class action related to alleged price fixing regarding DRAM.

  • E.I. DuPont Canada Company

    E.I. DuPont Canada Company in a class action involving pricing and distribution arrangements with independent distributors.

  • Amex Bank of Canada

    Amex Bank of Canada in six class actions alleging various breaches of Québec’s Consumer Protection Act and constitutional challenges.

  • Toronto-Dominion Bank

    Toronto-Dominion Bank in certification appeals and settlement of a class action seeking damages for fees applied to foreign exchange transactions on TD Visa credit cards.

  • Find More

Chambers

  • Chambers Canada: Canada's Leading Business Lawyers, 2016-2019: Band 1, Class Action litigation.
    • One impressed source says the firm is "great at high-level strategy. I've been impressed with the way they've been able to advocate seriously but also have a respectful relationship with co-defendants or counsel."
  • Chambers Global: The World’s Leading Business Lawyers, 2016-2017: Band 1, Class Action litigation.
    • “They are team-focused, they know our business and they take long-term strategic positions.”
    • “The firm is a well-oiled machine and I wouldn't hesitate to recommend them for large country-wide litigation matters."

Lexpert

  • The Canadian Legal Lexpert Directory, 2017-2018: (Montreal, Quebec) Osler ranked in the area of Class Actions practice as Consistently Recommended.
  • The Canadian Legal Lexpert Directory, 2012-2018: (Toronto, Ontario) Osler ranked in the area of Class Actions practice as Most Frequently Recommended.

Benchmark

The Reign of the Customer

Practical approaches to preventing and dealing with consumer-driven disputes.

Access the resources

Canadian Class Action Defence
Providing timely, reliable & practical information about defending national & international class actions.

Read our blog