Recent Experience
Atlantic Lottery Corporation, in a class action in Newfoundland seeking disgorgement of profits through waiver of tort and restitutionary claims, brought on behalf of everyone who has played an ALC video lottery gaming terminal.
SFC Litigation Trust, in a successful 15-week trial against the former CEO of Sino-Forest Corporation, resulting in a judgment in fraud and breach of fiduciary duty of US$2.6 billion.
ZF Friedrichshafen AG, in class actions commenced in Alberta and Ontario alleging the manufacture of defective gear shifts in selected automobiles.
Bureau Veritas SA, in a successful defence of the $1.85-billion class action commenced against it and Loblaw Co. Ltd. alleging that they neglected to warn workers of structural deficiencies in the Rana Plaza building in Bangladesh before it collapsed.
American Medical Systems Inc., in class proceedings
commenced in Ontario, which sought damages allegedly arising from the use of a
silicone-coated sling/mesh with InhibiZone device. The plaintiffs' action was
vigorously defended and, ultimately, the claim was dismissed without any
payment being made.
Exxon Mobil Chemical Company, in class proceedings
commenced in British Columbia, Ontario and Quebec, which alleged that the
defendants engaged in a price-fixing conspiracy. After Exxon brought
preliminary motions, the plaintiff ultimately agreed to discontinue the class
proceedings against Exxon without any payment of damages or costs.
Manulife Securities International Ltd., in a class action commenced by certain investors in Portus Alternative Asset Management. The action involved the failure of certain investment funds and sought recovery for investors against a major financial institution who had issued notes to the funds.
Primerica Financial Services Ltd., in class proceedings
commenced in Ontario by former trainees of Primerica for wages that allegedly
should have been paid during a pre-employment training period. The class
action was ultimately settled.
Sun-Times Media Group, in the class actions brought in Illinois, Ontario, Saskatchewan and Quebec
alleging misstatements and misrepresentations by Hollinger International Inc
and Hollinger Inc. in their public filings and disclosures. The plaintiffs
claimed that, inter alia, the defendants failed to disclose the
transfer of millions of dollars of funds to former CEO Conrad Black and his
colleagues, falsified financial results and materially misrepresented sales
of assets and dealings with related parties. The class action against our
client was successfully settled.
The Association of International
Automobile Manufacturers of Canada, in the class action,
Cathy-Ann Accomando et al. v. Nissan Canada Inc. et al., which was
commenced in the United States courts. This action involved extensive
proceedings in Canada seeking documentary disclosure and production from
certain automobile industry participants in Canada.
The Great Atlantic
& Pacific Company of Canada, in class proceedings commenced in Ontario
challenging A&P's pricing practices under the franchise agreements. The
action settled approximately two weeks prior to trial.
The Ontario
Medical Association, in a class action commenced in Ontario
relating to professional and technical fees paid to radiologists.
TVI Pacific Inc. and its directors, in a class action
commenced in Ontario and Quebec alleging misrepresentation in the Company's
public financial statements issued in 2005. The action was settled on an
economic basis without any admission of liability.
Unicash
Franchisees, in class proceedings commenced against the franchisor and
multiple franchisees by consumers alleging they had been charged usurious
interest rates. We successfully had the claim against our clients, two
Unicash franchisees, discontinued.
Warrantholders of Aurelian
Resources Inc. (now Kinross Gold Corporation), in securities
class action claims in Ontario and Alberta in relation to the public mining
company's failure to secure an extension of warrants granted to subscribers
of a 2003 private-placement financing. The class claim was settled following
certification.
Virgin Atlantic Airways, in class proceedings
commenced in British Columbia, Ontario and Quebec, which alleged that the
defendants conspired to fix the price of air cargo services. We were
successful in securing an agreement by which the plaintiff discontinued the
class claim without any payment of damages or costs.
Sumitomo
Corporation, in an Ontario class action alleging a world-wide
price-fixing conspiracy in the copper market. The action was resolved on a
nuisance basis prior to certification.
Bennett Jones