Find Lawyers in London, Ontario 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.
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.
Mike’s 28 years of experience dealing exclusively with class actions, mass torts and complex multi-party litigation have given him an invaluable edge in this challenging field. Shortly after being called to the bar he was part of the team that certified the first class action in Ontario, and since that time he has been counsel on dozens of class actions representing both plaintiffs and defendants across all levels of court. He has appeared in the courts of many Canadian provinces, and h...
Charles is a Siskinds partner and leader of Siskinds' Price Fixing Class Action Group. He has been counsel to the class in numerous successful class actions, including the areas of price-fixing, securities, products liability, and consumer protection. Charles has repeatedly been recognized as one of Canada's leading class action lawyers, including being named by Lexpert/American Lawyer Guide as one of the Leading 500 Lawyers in Canada, by Chambers & Partners as a class actions leading pra...
Called to the Ontario bar in June 2017, Chelsea Smith practises as a bilingual (English and French) associate in the class actions group at McKenzie Lake Lawyers LLP in London, Ontario. Her practice focuses on representing plaintiffs across Canada in complex class action, mass tort, and multi-party litigation involving products liability, consumer protection, and social justice issues. Chelsea completed her Juris Doctor at Western University in 2015 and her LL.B. in Quebec Civil Law at Univer...
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