Print Increase Font Size

Expertise

Class Actions

Ogilvy Renault is at the forefront in defending class actions. We have one of Canada's largest and most experienced class action defence teams, recognized as "recommended" counsel in Ontario and Quebec according to The 2009 Canadian Legal Lexpert Directory.

Our litigators have successfully defended class actions throughout Canada. The breadth of our experience covers:

  • Competition
  • Employment
  • Environmental
  • Pension
  • Product liability
  • Professional liability
  • Securities

We have represented clients over a wide array of businesses including Archer Daniels Midland, Bell Canada International, BMO Nesbitt Burns, Continental Airlines, Dow Chemical, GlaxoSmithKline, Imperial Tobacco Limited, Hudson's Bay Company, Merck Frosst Canada, Nortel Networks, Pfizer, Royal Bank of Canada and ScotiaCapital.

We offer clients complete solutions, whether circumstances call for a negotiated settlement early in the proceeding or a vigorous defence through to trial. Because our team includes experienced counsel in multiple Canadian jurisdictions, we offer clients a single firm, national approach to defending multi-provincial class actions. We develop a national strategy that accommodates the substantive and procedural differences between provinces and offers clients greater efficiency and cost savings. Our "one team" approach extends to cross-border litigation as well. We have acted on numerous cross-border class actions working closely with internal and external U.S. defence counsel in formulating and pursuing a coordinated global defence strategy.

Our clients also benefit from our multidisciplinary approach to defending class actions.  We draw upon the expertise of Ogilvy Renault's other practice groups, such as members of our banking, competition, corporate and commercial, intellectual property, labour and employment, pension and securities teams.

Events
International Association of Lawyers: Class Actions, Mass Litigation and Collective Redress

Sylvie Rodrigue will be a speaker on class actions in Canada at this seminar.  More

Legal Matters Seminar Series - Prohibiting Comparative Advertising Under the Competition Act and The Canadian Landscape for Price-Fixing Class Action Certification

Partners Randy Sutton and Michael Brown are speakers at this Ogilvy Renault continuing education seminar.  More

Legal Matters Seminar Series - IMAX Decision: Class Action for Statutory Misrepresentation Claim to Proceed

In December 2009, an Ontario court certified Canada's first secondary market liability class action for misrepresentations under the Ontario Securities Act civil liability provisions.  More

The Canadian Institute's 10th Annual National Forum on Class Actions Litigation

Kelly Friedman is a panelist in the session discussing the practicalities of managing class actions litigation and conducting E-discovery.  More

Employment Class Actions: Breakfast Seminar

Mary Gleason and Lynne Poirier discuss recent, highly publicized employment class actions and how employers can protect themselves from the risks brought by this new trend of class action lawsuits.  More

Publications
IMAX Decision - Secondary Market Liability for Misrepresentations

On December 14, the Ontario Superior Court released its long-awaited reasons in IMAX. This is the first judicial interpretation of the leave requirements which must be met by a shareholder wishing to bring a civil secondary market liability claim...  More

Possible Change in the Canadian Landscape for Price-Fixing Class Action Certification

Two recent decisions in Ontario and British Columbia certifying class actions alleging price fixing indicate that the courts in Canada may be adopting a new approach to these types of claims, potentially opening the door to more litigation in this area.  More

First Class Action Win for the Pharmaceutical Industry in Quebec

On August 17, 2009, Justice Mark G. Peacock of the Quebec Superior Court ruled in favour of the respondent GlaxoSmithKline Inc., represented by Ogilvy Renault, dismissing a Motion for Authorization to Institute a Class Action made by the petitioner...  More

Canada Post Corporation v. Lépine - The Supreme Court of Canada Provides Limited Guidance on National Class Actions

At issue was whether the Quebec courts should recognize an Ontario Superior Court of Justice decision certifying a multi-jurisdictional class action against Canada Post Corporation and simultaneously approving a settlement of that action.  More

The Law of Nuisance in Quebec: Supreme Court of Canada Decides that Liability is No-Fault

On November 20, 2008, the Court rendered its long-awaited decision in St. Lawrence Cement Inc. v. Barrette.The question of whether liability for nuisance in Quebec law requires proof of fault has long divided the courts and commentators.  More

National Class Actions in Canada - The Supreme Court Grants Leave to Appeal in Canada Post Corporation v. Michel Lépine

The Supreme Court of Canada's decision to grant leave to appeal on this issue may lead to new guidance as to the role of Canadian courts in national class actions and the legal principles underlying national class actions in Canada.  More

Ontario Court of Appeal Overturns Denial of Certification in Foreign Exchange Class Action

On November 14, 2007 the Ontario Court of Appeal released its decision in Cassano v. The Toronto-Dominion Bank,[1] certifying a class action alleging that Toronto-Dominion Bank ("TD") breached its contract with credit card holders by failing to ...  More

Ontario Superior Court Certifies Class Action Against Health Canada

On September 5, 2007, the Ontario Superior Court of Justice released its decision in Taylor v. Canada (Health),[1] certifying a class action that alleges that Health Canada was negligent in that it failed to exercise its powers and responsibilities...  More

Ontario Superior Court Certifies Class Action Against Health Canada

On September 5, 2007, the Ontario Superior Court of Justice released its decision in Taylor v. Canada (Health), certifying a class action that alleges that Health Canada was negligent in that it failed to exercise its powers and responsibilities under ...  More

Supreme Court of Canada Considers the Right to Class Actions in the Context of an Arbitration Agreement

The Supreme Court of Canada recently rendered its much-anticipated decision in Dell Computer Corp. v. Union des consommateurs, an appeal in which Ogilvy Renault acted for the London Court of International Arbitration which was granted intervener status by  More

Quebec Court of Appeal Provides Guidance on Conditions for Authorization of Class Action

After almost nine months of deliberation, the Court of Appeal has just handed down its decision in the Agropur case.  More

A Rigorous Approach to Certification - The Saskatchewan Experience

While class action litigation has been a feature of the legal landscape in Quebec, Ontario and British Columbia for a number of years, Saskatchewan's class action legislation is relatively new.  More

Canadian Diet Drug Litigation Settled

The Supreme Court of Ontario has recently approved the settlement of the Canadian diet drug class action (Wilson et al. v. Servier et al.).  More

Authorization of Class Action Suits Accelerated Further under Quebec's New Procedure Code

The Act to reform the Code of Civil Procedure will come into force on January 1, 2003. The Act introduces some major changes concerning class action suits.  More

Media Highlights
Sylvie Rodrigue Named Chair of CBA's National Class Actions Task Force

Ogilvy Renault is pleased to announce that Sylvie Rodrigue, partner and co-chair of the firm's class actions team, has been named chair of the newly-created National Class Actions Task Force.  More

CBA Task Force Will Tackle Class Action Problems

The Lawyers Weekly reports on the new national class actions task force, chaired by Ogilvy Renault's Sylvie Rodrigue.  More

CBA Tackles National Class Actions

Sylvie Rodrigue talks to Law Times about the recently launched national class actions task force, which she chairs.  More

Securities Class Actions Growing In Canada: Report

Jeremy Devereux says in Canadian Lawyer InHouse the decision to grant leave for the class action in the Silver v. IMAX Corp. case and the common law claims for secondary market misrepresentation will drive securities class actions in 2010.  More

Copycat Class-action Bites Dust

Alan Mark, Randy Sutton and Katherine Smirle were noted in the Globe and Mail and National Post for their recent class action victory for Playtex.  More

Nouvelle Fellow du Litigation Counsel of America

Sylvie Rodrigue becomes the third Canadian woman to receive the title of Fellow of the Litigation Counsel of America, after a highly selective process based on excellence and accomplishment in litigation, reports Droit-inc.com.  More

A Piece Of The Action

The number of class actions in Canada has exploded over the past few years and the fallout has had a big impact on the business community. Sylvie Rodrigue comments in Lexpert.  More

The Renaissance of Competition Class Actions

Sylvie Rodrigue and Michael Brown, partners in the Litigation Group, comment in Lexpert on the rise of competition class actions in Canada.  More

A Piece of the Action

Class action cases are on the rise in Canada and Ogilvy Renault is making its mark. Featured in the National Post story "A piece of the action," the firm is recognized as having one of the top class actions teams in the country.  More

Class action "superwoman" Sylvie Rodrigue featured in National Post

When a rising star in the firm is told to slow down, it becomes easier for her to do the opposite. Sylvie Rodrigue, litigation partner and co-chair of Ogilvy Renault's class actions team, is featured in the Legal Post discussing her recent move from ...  More