Find Lawyers in Toronto, 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.
Rahool's practice focuses on complex commercial and civil litigation, including contractual disputes, shareholder disputes, proxy fights, director and officer liability, complex fraud cases and class actions. He has also acted in a broad range of constitutional and public law matters, including cases involving the constitutionality of a safe injection site, the application of state immunity to claims of torture and the discretion of physicians to unilaterally withdraw life support. Rahool has...
Sarah Armstrong is the Chair of Fasken’s Ontario Litigation and Dispute Resolution Practice Group. An experienced and strategic litigator with broad litigation, arbitration and dispute resolution experience, she has developed a robust practice focused on commercial and contractual disputes and class action defence. Sarah is also a member of Fasken’s Ontario Professional Development Committee and is Co-Chair of the firm’s Ontario Pro Bono Committee. Working with clients acros...
Kirk is a partner at Koskie Minsky LLP and is head of the firm’s class action group. He has been repeatedly recognized by Lexpert, Chambers Canada and Benchmark Canada as a leading Canadian practitioner in the field of class action litigation. Mr. Baert has appeared in courts across the country, including the Ontario Court of Appeal, Quebec Court of Appeal, Newfoundland Court of Appeal and the Supreme Court of Canada, on matters dealing with all aspects of class action litigation. Mr. B...
Known for her strategic counsel and trial skills, Sandra Barton is a leading civil and commercial litigation lawyer based in the Toronto office. Sandra is recognized as one of the top corporate commercial litigators in Canada by the Canadian Legal Lexpert Directory , and was featured among the country’s leading class actions lawyers in the 2015 edition of The Best Lawyers in Canada . Working seamlessly with clients and counsel across Canada and the U.S., Sandra brings extensive expertis...
Michael Binetti, Managing Partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.” Michael represen...
David Byers is senior counsel and former Co-Chair of the National Litigation & Dispute Resolution Group. David is highly experienced in complex commercial litigation, including product liability, securities, insolvency and insurance, as well as in domestic and international arbitration. David has extensive advocacy experience appearing before both the Trial and Appellate levels of courts in Ontario. His representations reflect a practice of extraordinary depth and scope, including acting ...
Nadia Campion's practice focuses on complex commercial litigation including shareholder oppression applications, D&O liability, estates matters, class actions and professional liability. Nadia also has an active land development and real estate litigation practice. Nadia has extensive trial experience and appears regularly before the Superior Court of Justice, Ontario Court of Appeal and various regulatory and administration tribunals. She also has expertise in Toronto Commercial List pro...
Laura Cooper is Leader of Fasken’s Litigation and Dispute Resolution Practice Group and Co-Chair of the firm’s Class Actions practice group. She has extensive experience in class action litigation, with particular emphasis on securities, competition, consumer and privacy class actions. Laura acts regularly for internationally known corporations in the defence of significant class actions. Many of her cases have cross-border and international implications and Laura works closely wi...
Jeremy Devereux acts as an advocate and negotiator in a wide range of complex commercial and regulatory matters. His experience includes securities and financial services disputes, regulatory investigations and prosecutions, corporate and commercial litigation, class actions, employment law, estates litigation, mining law and administrative law. He has appeared as counsel before the Ontario courts, the Federal Court of Canada, and numerous tribunals and arbitration panels. Mr. Devereux freque...
Tony is a Partner and Co-Leader of the firm’s Competition, Marketing and Foreign Investment Group. As former counsel to Canada’s Commissioner of Competition (Department of Justice Canada) and having served as counsel in many of Canada’s most significant competition matters, Tony is widely recognized as one of Canada’s leading practitioners in competition law and litigation. Tony represents and counsels clients in domestic and multi-jurisdictional competition matters, i...
Alan D’Silva is a partner in the Litigation & Dispute Resolution Group. He is considered a leading litigation lawyer in Canada with expertise in a number of areas of law, including defence of class actions, corporate/commercial disputes, securities litigation, shareholder/oppression cases, large insurance litigation, accountants’ and auditors’ negligence, professional negligence, sports law and directors’ and officers’ claims. Alan has served on the Managemen...
Bryan Finlay KC is recognized as one of the top litigation lawyers in Canada. Bryan's counsel practice is broad and has engaged the most complex commercial, constitutional, tort and public law issues. These have included issues of corporate espionage, spoliation, fraud, shareholder rights, directors' and officers' responsibilities, financial reporting obligations, responsibilities and obligations of government and its various agencies, securities regulation, fiduciary obligations, defamation,...
Linda Fuerst is one of Canada’s leading securities and commercial litigators. Her litigation practice covers a broad range of commercial and professional liability matters, with a particular focus on securities litigation, class proceedings and regulatory issues. She has litigated civil, criminal and regulatory matters and has appeared before all levels of court in Ontario, the Supreme Court of British Columbia, the Supreme Court of Nova Scotia and the Nova Scotia Court of Appeal, and r...
Douglas Harrison is an independent commercial arbitrator and mediator, handling both international and domestic Canadian business disputes. He also acts as legal counsel in select matters, including designing arbitral procedures and enforcing arbitral awards, as well as doing opinion work. Mr. Harrison is a Fellow of the Chartered Institute of Arbitrators, a member of the CPR Panels of Distinguished Neutrals as both an arbitrator and mediator (Global Panel, Product Liability Panel and Pro Bon...
Sinziana Hennig is a partner in the Litigation & Dispute Resolution Group and a member of the Students Committee in the Toronto office. Her practice focuses on class actions and complex commercial litigation. Sinziana has defended class actions involving competition, securities, consumer protection, product liability, and franchise law claims. She has significant experience in defending multi-jurisdictional and cross-border class actions, as well as in obtaining dismissal of securities cl...
Samaneh (Sam) Hosseini is a partner in the Litigation & Dispute Resolution Group. Her practice focuses on commercial litigation and arbitration, with an emphasis on complex contract disputes, class actions, securities litigation, shareholder disputes, and product liability. Sam has extensive experience representing clients in a range of domestic and multi-jurisdictional class actions, including areas such as product liability, securities law, franchise law and consumer protection. She reg...
Katherine Kay is a partner in the Litigation & Dispute Resolution and Competition & Foreign Investment Groups. She has served on the Partnership Board and Executive Committee, as well as the Management Committee in the Toronto office. Katherine leads the competition litigation group and her practice is concentrated on complex commercial litigation, often involving the interplay between regulatory, civil and criminal law regimes, and across multiple jurisdictions. Chambers Global has d...
Eliot Kolers is the Head of the Litigation & Dispute Resolution Group and a member of the Management Committee and Diversity, Equity & Inclusion Committee in the Toronto office. Eliot is recognized by his peers as a leading litigator with vast expertise in the areas of corporate commercial litigation, class actions, securities litigation and competition litigation matters. He has represented clients in numerous complex and high-profile commercial cases involving oppression remedies, p...
Scott Kugler is a partner in the firm’s Toronto office and head of the firm’s National Class Actions Group. His practice emphasizes complex commercial matters, including class actions (securities and competition law/anti-trust), shareholder disputes, claims against directors/officers, broker/dealer disputes (civil and regulatory), product liability cases, franchise disputes, dealer/distributor disputes, and multi-faceted corporate litigation often involving the oppression remedy. ...
Dimitri Lascaris is a Siskinds partner and leader of Siskinds’ Securities Class Actions Group. Before joining Siskinds, Mr. Lascaris practiced securities law in the New York and Paris offices of a major Wall Street law firm. In August 2013, he was named by Canadian Business Magazine as one of the 50 most influential people in Canadian business, describing him as “the fiercest legal advocate for shareholder rights.” Mr. Lascaris is currently prosecuting numerous domestic and ...
Described by his peers as ‘the gold standard in this space, a phenomenal litigator’, for more than thirty years Jonathan has won landmark decisions across a broad variety of subject matter including competition law, constitutional law, liability of public authorities, professional liability, criminal law, financial services, franchise law and contract disputes. He has tried over 90 cases to judgment and argued over 55 appeals in provincial appellate courts and the Supreme Court of...
Peter Lukasiewicz is the chief executive officer (CEO) of the firm. He previously served as the firm’s external managing partner, with primary responsibility for client relationships. He also served as managing partner of the Toronto office for 15 years. Prior to becoming CEO, Peter practised as a senior commercial litigator, counselling and representing domestic and global clients in a wide range of complex commercial disputes. He has been repeatedly recognized as one of Canada’s...
Paul Martin is co-chair of the firm’s Class Actions practice group. With extensive experience in commercial, administrative and quasi-criminal litigation, Paul assists clients predominantly in the areas of class actions and complex cross-border litigation. His defence and trial practice primarily involves product liability, shareholder rights, employment, financial institutions, insurance, securities regulation, competition, pensions and benefits, consumer protection, and intellectual p...
Lesley Mercer is counsel practising in the Litigation & Dispute Resolution Group. Her practice focuses on complex commercial litigation including class actions, product liability, professional negligence, shareholder disputes and restructuring and insolvency proceedings. Lesley has significant experience defending corporations in complex class and non-class proceedings involving product liability, consumer protection and securities law. Lesley has appeared at both the trial and appellate ...
Paul Morrison is a partner in our litigation group. He has a national reputation as one of Canada’s leading counsel in complex corporate and commercial litigation, including class action litigation, securities litigation, competition litigation, insolvency litigation, professional liability, products liability and domestic and international arbitration. Paul regularly acts on behalf of leading companies and institutions, both foreign and domestic, and has appeared at all levels of trial...
Dan Murdoch is a partner in the Litigation & Dispute Resolution Group and a member of the Associates Committee in the Toronto office. He is also Chair of the Firm’s Claims & Risk Management Committee. His practice focuses on class actions, complex commercial litigation and insolvency and restructuring matters. His class action practice includes securities, product liability and professional negligence. Dan has been counsel on multiple securities class actions, frequently obtaini...
Paul co-founded Pape Chaudhury LLP with Shantona Chaudhury in 2018. Paul has over 45 years of experience as both trial and appellate counsel and has acted in many cases of significance. Paul’s litigation practice focuses on complex commercial, securities,class action, professional negligence, and administrative matters, with special emphasis on appeals in these and other areas. Paul is a senior and leading member of the Ontario Bar. Paul has been described as an “outstanding appel...
Peter Pliszka, a senior partner in Fasken’s Litigation Group, is regarded as one of Canada’s leading litigation lawyers. Peter’s practice is focused primarily on product liability, class action, commercial and insurance litigation matters, and it is national in scope. Peter manages litigation proceedings across Canada and has appeared at all levels of court in Ontario and other Canadian provinces as well as the Supreme Court of Canada. Peter is Co-Leader of Fasken’s Li...
Celeste Poltak focuses extensively on class proceedings litigation and is a partner in our class actions department. She regularly appears before a variety of courts throughout the province including the Court of Appeal, and the Supreme Court of Canada. She has developed a particular expertise in class proceedings, having worked on some of the most notable Canadian cases, including a variety of common issues trials, and is well published in the area.Celeste is often asked to lecture on the to...
Jonathan Ptak is a partner in the firm’s class action group. His practice focuses on class proceedings, professional liability defence and commercial litigation. He regularly appears before Courts at all levels in Ontario, including the Superior Court, Divisional Court and Court of Appeal. Jon is recognized by Lexpert, Chambers Canada and Best Lawyers as a leading practitioner in class proceedings. He has also been appointed to sit on the Ontario Class Action Bench-Bar Liaison Committee...
vid is a Partner in Koskie Minsky’s Class Action Department. David’s focus is on complex legal disputes involving large numbers of vulnerable people. He has experience in various areas including employment, pension, regulatory negligence, Charter , institutional abuse, securities misrepresentation, and environmental litigation. David currently represents a diverse group of class members including: employees seeking to enforce their basic employment rights; pensioners seeking to pr...
Danielle Royal is a partner in the Litigation & Dispute Resolution Group and a member of the Management Committee in the Toronto office. Her practice focuses on class actions, complex commercial litigation and competition litigation. Danielle has appeared before all levels of Court in Ontario, the Federal Court of Appeal and the Supreme Court of Canada. She has represented clients on several cross-border class actions involving claims of price-fixing and conspiracy, other commercial dispu...
Malcolm Ruby is a partner in Gowling WLG's Toronto office and former head of the firm's National Class Action Practice Group. Malcolm's practice focuses on class actions, securities litigation, and trans-border disputes. He has defended class proceedings — many of which are national or international in scope — relating to drug and medical device product liability, banking, consumer protection, and pensions. He has acted on behalf of the Ontario Securities Commission and the United...
Steven Sofer is a partner in Gowling WLG's Toronto office, practising in the area of advocacy. He has been actively involved in class actions for almost 20 years, acting primarily for defendants in product liability and securities matters. Achieving the best possible result on budget and in a timely manner is Steven’s prime directive. He provides unhedged practical advice, regular prompt and concise reporting, and is always available. Where a fair settlement is achievable and is the opt...
Randy Sutton practises dispute resolution and regulatory law. Mr. Sutton has represented clients in the provincial and federal courts across Canada, in arbitrations (both domestic and international) and in a variety of administrative proceedings. He is a member of the British Columbia, Saskatchewan and Ontario bars. His litigation practice includes the representation of clients in commercial, class action, competition, environmental, product liability, product recall, insurance, defamation an...
Roderick Winsor’s practice concentrates on commercial and insurance-related litigation including class actions. He has long held an Av peer-review rating by Martindale-Hubbell, its highest rating. He is recognized as a leading practitioner by Lexpert® Canadian Legal Directory and Best Lawyers® In Canada and is one of the 33 peer-selected Canadian lawyers listed in the World’s Guide to Leading Insurance and Reinsurance Lawyers (ExpertGuides: UK). In recent years Rod has con...
Tina Yang helps people leverage the legal system to seek justice when their rights have been violated, whether as workers, consumers, investors, or simply humans. This includes prosecuting class actions and mass torts to address collective wrongs, as well as a diverse range of other civil litigation. Tina’s class action experience is noteworthy for its breadth, as she has achieved successes for clients in cases relating to: Charter breaches & state accountability, institutional abus...
Caroline Youdan has a broad civil litigation and arbitration practice. With a focus on class actions, product liability, and international arbitrations, Caroline advocates for clients in a variety of industries including automotive, life sciences, mining, retail and manufacturing, construction, and banking and finance. Before joining the firm, Caroline worked as an associate editor for Toronto Life magazine. She also practiced as an Associate in the New York office of Paul, Weiss, Rifkind, Wh...
Rob Alfieri in a lawyer at Dickinson Wright's Toronto office, in its Commercial Litigation Group. Rob focuses his practice on commercial & business litigation and class action law. He maintains a general trial and appellate litigation practice, concentrating on contract disputes, shareholder disputes, professional liability, fraud cases, foreign judgment enforcements, injunctions, and private commercial arbitration disputes. Rob brings together passion with experience, intellect, and a th...
Ted Brook is a Toronto-based litigation lawyer who focuses on class actions, environmental litigation and commercial disputes. Ted provides strategic advice and representation to businesses and individuals faced with litigation or potential litigation. He has experience conducting trials and appeals, and has appeared as counsel in the Ontario Court of Justice, the Ontario Small Claims Court, the Ontario Superior Court of Justice, the Court of Appeal for Ontario, the Federal Court (Canada) and...
Michael has broad experience at the commercial bar that includes contractual, shareholder, franchise, real estate and competition disputes. Michael has appeared before all levels of court in Ontario, various administrative tribunals, and frequently represents clients in arbitrations. Clients choose Michael for his acute attention to detail and strategic counsel. After a recent successful trial outcome, the judge observed that Michael and his co-counsel were “extremely well prepared&rdqu...
Ruby Egit is a partner at Branch MacMaster LLP. She is located in Toronto, Ontario and manages the firm’s Toronto office. Ruby’s practice is focused on class actions and insurance law, including providing clients with advice on insurance coverage. She has trial and appeal experience and has argued many complex contested motions. She acts for clients across Canada. Ruby also has considerable health law experience. She has worked with physicians, chiropractors and hospitals in a wid...
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