Rochon Genova LLP

Overview

Rochon Genova LLP (“RG”) is a Toronto litigation boutique with a dedicated class actions group which has been described as among the “elite class action firms” in Canada (see comment by Mr. Justice Belobaba in Mancinelli v. Barrick Gold Corporation et al., 2014 ONSC 6516; aff’d 2015 ONSC 2717 (Div Ct) and 2016 ONCA 571 where RG was chosen as Class Counsel over other leading securities class actions firms). RG’s Class Actions group is comprised of seven lawyers practicing class action litigation full time, with a further 8 colleagues who assist on various class actions matters.

Securities Class Actions

Included among the securities class actions in which members of the RG team served as lead or co-lead counsel are: SNC-Lavalin Group Inc. (misrepresentations regarding compliance with anti-bribery laws, GAAP/IFRS and related misleading ICFR and DC&P certificates), Barrick Gold Corporation (failure to disclose regulatory and environmental risk in respect of South American gold and silver mine); CIBC (failure to disclose material risk of exposure to sub-prime risk during financial crisis), CI Mutual Funds, AIC Limited (mutual fund market timing); Valeant Pharmaceuticals (misrepresentations in offering documents and continuous disclosure of large Canadian pharmaceutical company listed on TSX and NYSE); Baffinland Iron Mines Corp. (circular misrepresentation in context of take-over bid); Zungui Haixi Corporation (misrepresentations regarding Chinese manufacturing operations of Ontario issuer in context of RTO); Donnybrook Energy Inc. (circular misrepresentation and oppression in context of oil patch asset spin-off plan of arrangement); Home Capital Group Inc. (misleading disclosure of large sub-prime lender regarding mortgage origination practices); Canadian Solar Inc. (misrepresentations regarding GAAP compliance of financial statements of Canadian manufacturer based in China and listed on NASDAQ); Danier Leather Inc. (misrepresentations in offering documents). In the course of prosecuting these complex securities class actions, members of the RG team have established leading appellate authority regarding the following issues and propositions of law: (i) compliance with continuous disclosure laws are not subject to the business judgment rule (Danier Leather, Supreme Court of Canada); (ii) the jurisdictional reach of OSA Part XXIII.1 (Canadian Solar, Ontario Court of Appeal); (iii) the election in an OSA section 131(1) circular misrepresentation class action (ArcelorMittal, Ontario Court of Appeal); (iv) the meaning of “preferable procedure” in the context of a coincident OSA section 127 regulatory proceeding and a private investor class action (CI Funds, Supreme Court of Canada); (v) the leave standard under OSA section 138.8 (CIBC, Supreme Court of Canada); (vi) the operation of the limitation period under OSA section 138.14 (CIBC, Supreme Court of Canada); and (vii) securities class actions under OSA Part XXIII.1 are brought in the public interest of ensuring compliance with continuous disclosure laws (Stewart, Ontario Court of Appeal; CIBC Ontario Court of Appeal).

Pharmaceutical Products and Medical Devices

RG is active in prosecuting class actions against the manufacturers of various pharmaceutical products and medical devices. RG has been involved in litigation related to Ponderal and Redux (diet drugs associated with pulmonary hypertension and valvular heart disease), Baycol (cholesterol-lowering agent associated with rhabdomyolysis), Serzone (anti-depressant associated with liver failure), Prepulsid (gastroprokinetic agent associated with heart arrhythmias), Vioxx, Bextra and Celebrex (cox-2 inhibiting NSAIDs associated with cardiovascular adverse events), Hydroxycut (natural health product associated with liver failure), Tylenol3 (associated with morphine intoxication in neonates breastfed by mothers taking Tylenol3), Oxycontin (opioid pain reliever associated with addiction), ACTOS and generic versions of pioglitazone (diabetes medication associated with bladder cancer), Abilify (atypical anti-psychotic/adjunctive anti-depressant associated with compulsive behaviour disorders), talcum powder associated with ovarian cancer, various defective pacemakers and defibrillators and their components, various defective hip and knee prostheses as well as transvaginal mesh products from several manufacturers. In addition, RG is regularly investigating and working up potential new pharmaceutical/medical device cases on an on-going basis. RG distinguishes itself in this field of class action practice through its years of experience, having been involved since the inception of pharmaceutical class action litigation in Ontario. These cases require not only a mastery of the legal standards and issues involved, but also the ability to identify and retain the necessary expertise in fields as varied as the products and the medical complications they allegedly cause, including regulatory, pharmaceutical, epidemiological, medical, engineering, etc. As a result, RG has developed a rich network of experts and consultants from which they can draw to best advance these cases. In addition, RG recognizes the unique experience and trauma of each client involved in these cases and retains a skilled clerical staff to attend to their needs with sensitivity and compassion.

Defective Consumer Products

RG has prosecuted cases related to defective consumer goods, including products manufactured by Carrier (defective high efficiency gas furnaces), Pella (defective aluminium-clad windows and doors), Dell (defective notebook computers), Maple Leaf Foods (contaminated meat), GM (defective ignition switch and power steering), Toyota (unintended acceleration), Takata (air bags), Navistar (defective MaxxForce truck engines), and Volkswagen (emissions), among others. Competition Class Actions Members of the RG team have extensive experience in prosecuting competition class actions including the Foreign Exchange Benchmark litigation, the LCBO litigation (allocation of market for the distribution of beer in Ontario), the Lithium Ion Batteries litigation, the Gold Price Manipulation litigation and the Silver Price Manipulation litigation. Industrial Accidents RG has prosecuted a number of class actions on behalf of victims of industrial accidents, including the victims of the Rana Plaza factory collapse in Bangladesh, and the victims of the Lac Megantic derailment and fire in Quebec.

Personal Injury and Sexual Abuse

RG has established a reputation as a leading plaintiff-side personal injury firm. RG lawyers have prosecuted claims arising out of: occupier's liability regarding slip-and-fall injuries, as well as sports injuries and other issues, accidents such as auto accidents, motorcycle accidents, pedestrian and bicycle accidents, and accidents involving commercial vehicles and public transportation, serious injuries such as back and spinal injuries, as well as head and brain injuries, chronic pain, catastrophic injuries, psychological damage such as depression and post-traumatic stress disorder (PTSD)

RG lawyers also prosecute insurance disputes such as disability claims and denial of injury claims, accident benefits and tort claims, as well as wrongful death cases.

RG has established a national reputation in acting for victims of sexual abuse.