Find Lawyers in Calgary, Alberta 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.
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...
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 Gillespie is a founding partner of Cuming & Gillespie LLP . He is a leading personal injury, class action, and medical malpractice lawyer with a proven track record of success. With decades of experience representing clients throughout Western Canada, he has secured multi-million dollar settlements and verdicts in complex cases. Craig has been consistently recognized for his exceptional work, including being named medical malpractice lawyer of the year. Beyond his legal practice, Cr...
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...
Carsten is a founding member and senior partner of JSS Barristers, the largest civil litigation boutique law firm in western Canada. His practice emphasizes complex and multi-party corporate and commercial litigation, commercial class actions, oil & gas litigation including royalty, environmental and CAPL issues, shareholder disputes, advising creditors and others in insolvency matters and professional negligence claims. During a leave of absence from JSS Barristers, he served as Senior L...
Steve Leitl's practice covers a broad range of commercial litigation matters, with an emphasis on securities, M&A, directors'/officers' liability, class actions and internal investigations. Mr. Leitl has conducted proceedings in the courts of Alberta, Ontario, Manitoba and Canada (Federal Court) and appeals in the Ontario Court of Appeal and Alberta Court of Appeal. He has conducted various regulatory proceedings before the Ontario, Alberta and Manitoba securities commissions and the Albe...
Lara Mason’s practice encompasses a wide range of commercial litigation matters, including commercial disputes, transnational and cross-border disputes, professional liability matters, insurance coverage disputes and class actions. Ms. Mason has appeared at all levels of court in Alberta, before the Supreme Court of Canada, and before the Alberta Utilities Commission. She has also participated in a variety of alternative dispute resolution processes.Ms. Mason joined our Calgary office a...
Gavin received his Bachelor of Science degree in Biology (Zoology) from the University of Calgary. He then attended the Faculty of Law at the University of Calgary, graduating in 2001. Upon graduation, Gavin clerked at the Court of Appeal and the Court of Queen’s Bench of Alberta. Following his clerkship, Gavin completed his articles at the Calgary offices of a large national law firm, practicing in securities and regulatory matters. He was called to the Alberta Bar in 2002. Gavin joine...
Grant is a corporate and commercial litigator with experience in a broad range of industries and disputes. He fiercely advocates for all of his clients. He has extensive experience in the Alberta Court of Queens Bench and the Alberta Court of Appeal. He has also appeared in the British Columbia, Saskatchewan and Ontario superior courts, the Federal Court of Canada, the Federal Court of Appeal and the Supreme Court of Canada. Grant is a problem solver who applies common sense to complex busine...
Andrew received his Bachelor of Arts degree in Economics from the University of Waterloo in 1998, where he achieved Dean's List standing. He then obtained his Bachelor of Laws degree from Dalhousie University in Halifax in 2001. He again achieved Dean's List standing and was the recipient of numerous scholarships and awards. Andrew was called to the Alberta bar in 2002. After completing his articles Andrew obtained his Master of Laws degree from Queens' College, Cambridge University, England ...
Cassandra Sutter has extensive experience in civil litigation across a broad range of practice areas and industries. Her practice areas include commercial disputes (domestic and international), contractual disputes, fraudulent conveyance & enforcement claims, property litigation, professional negligence, landlord-tenancy disputes, class actions, defamation and employment. Cassandra focuses on practical solutions to her clients’ needs and has significant courtroom experience. Educati...
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