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Class Action Litigation

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  • Key Contacts
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events
  • Download PDF
  • Recent Experience
  • Recent Recognition
  • Insights, News & Events

Our Class Action Litigation Group helps companies resolve potentially high-stakes class action disputes so that they can get back to the business at hand. From product liability and price fixing to securities and corporate governance issues, we understand the financial, regulatory, reputational and other business impacts and uncertainties associated with these typically complex disputes.

Our clients rely on our unsurpassed depth and breadth of practical experience and litigation expertise, coupled with our unparalleled knowledge of procedure, to inform every aspect of the defence of a class action. Our team employs a pragmatic yet highly creative approach to narrowing (if not eliminating) the claim prior to certification. We then proceed to trial (or resolution, as appropriate) based on the broader business context of the dispute. In doing so, we help our clients achieve meaningful results that align with their business objectives.

What Clients Say

"They are very knowledgeable, upper-calibre legal assistance for sure,"

Key Contacts

  • Michael A. Eizenga L.S.M. Michael A. Eizenga L.S.M., Partner
  • Cheryl M. Woodin Cheryl M. Woodin, Partner
  • Ranjan K. Agarwal Ranjan K. Agarwal, Partner
  • Related Lawyers

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.

Recent Recognition

Chambers Canada
Ranked, Dispute Resolution: Class Action (Defence)

Chambers Global: The World's Leading Lawyers for Business
Ranked, Dispute Resolution: Class Action (Defence)
The Legal 500 Canada
Tier 1 Dispute Resolution: Alberta
Ranked Dispute Resolution: Ontario
The Canadian Legal Lexpert Directory
Most frequently recommended, Class Actions, Toronto
Benchmark Litigation Awards
Class Action Litigator of the Year, Mike Eizenga
Impact Case Award, Hughes et al v Liquor Control Board of Ontario et al (Bennett Jones et al)

Insights, News & Events

Speaking Engagements

Ranjan Agarwal: Fireside Chat With Class Actions Bench and Bar

March 10, 2021
       

Blog

Another Reminder of the Low Bar for Class Action Certification in British Columbia

March 01, 2021
       

Blog

Are Gun Manufacturers Liable for Mass Shootings?

March 01, 2021
       

Blog

Evidence of Harm Required To Advance Class Action Following Data Breach

February 24, 2021
       

Articles

Enforcing Standard-Form Arbitration Agreements in Class Actions: Lessons from the Uber Saga in Canada

February 23, 2021
       

Blog

The Latest on Pre-Certification Stays in Multijurisdictional Class Actions

February 08, 2021
       

Blog

Class Actions: Other Notable Cases and Developments in 2020

February 03, 2021
       

Blog

The First Contested Carriage Fight in Federal Court

February 02, 2021
       

Blog

A Clarified Approach to Pure Economic Loss Claims

February 01, 2021
       

Blog

Mandatory Arbitration Clauses Are No Longer Presumptively Enforceable

January 29, 2021
       

Blog

Ontario’s Revamped Class Proceedings Landscape to Begin Taking Shape

January 28, 2021
       

Speaking Engagements

Michael Smith on ABA Panel on Mass Torts and Product Liability

January 28, 2021
       

Blog

The Demise of Waiver of Tort as a Cause of Action

January 27, 2021
       

Blog

A Look at COVID-19 Class Actions in Canada

January 26, 2021
       

Updates

Looking Forward: Class Actions in 2021

January 25, 2021
       

Blog

Are Climate Change Claims Based on Charter Rights Justiciable? Canadian Courts Render Conflicting Decisions

December 17, 2020
       

Announcements

Twenty-Five Bennett Jones Lawyers in Lexpert/ALM 500 Directory

December 17, 2020
       

Speaking Engagements

Katrina Crocker on Ontario's Revamped Class Actions Legislation

December 09, 2020
       

Blog

Pre-Certification Stays in Multijurisdictional Class Actions: Ravvin v Canada Bread Company, Limited

December 04, 2020
       

Announcements

Bennett Jones in Lexpert's Top 10 Cases of 2019-2020

December 01, 2020
       

Articles

Nina Butz and Ranjan Agarwal on Privity of Contract

November 20, 2020
       

Blog

"Above and Beyond the Call of Duty": Honorarium Payments to Representative Plaintiffs in Class Proceedings

November 17, 2020
       

Blog

Supreme Court of Canada Clarifies Approach to Pure Economic Loss Claims

November 16, 2020
       

Blog

Supreme Court Reaffirms Low Bar for Authorizing Class Actions in Québec

November 09, 2020
       

Blog

Stay Here or There? Recent Direction from the Québec Court of Appeal on Stays in Proposed Parallel Class Proceedings

October 29, 2020
       

Announcements

Bennett Jones Acts for Gold Winner at Canadian Law Awards

October 07, 2020
       

Blog

Major Changes to Ontario’s Class Proceedings Act Come into Force

September 30, 2020
       

In the News

Mike Eizenga on Class Actions in Ontario & Beyond

September 18, 2020
       

Announcements

Bennett Jones is Recognized in Chambers Canada 2021

September 10, 2020
       

Articles

SCC’s Decision in the Uber Class Action Protects Access to Recourse in Standard-Form Arbitration Agreements

September 02, 2020
       

Announcements

Bennett Jones' Best Lawyers in Canada 2021

August 27, 2020
       

Speaking Engagements

Ranjan Agarwal on Uber Technologies Inc. v. Heller and Employment Contracts

August 27, 2020
       

Blog

Ontario Court of Appeal Opens the Door to ETF Securities Class Actions

June 09, 2020
       

Speaking Engagements

Ranjan Agarwal on Multijurisdictional Class Actions

June 09, 2020
       

In the News

Michael Smith in Canadian Press on Pandemic Lawsuits

June 07, 2020
       

Blog

Two Different Approaches to Class Action Carriage Motions

June 04, 2020
       

Speaking Engagements

Ranjan Agarwal on Class Actions and Alternative Dispute Resolution

June 04, 2020
       

Blog

COVID-19 Class Actions Weekly Round-Up

June 02, 2020
       

Announcements

Bennett Jones Sweeps Benchmark 2020 Awards

May 29, 2020
       

Blog

Nova Scotia Court of Appeal De-Certifies Adverse Health and Unjust Enrichment Claims against Licensed Cannabis Producer

May 28, 2020
       

Blog

The Long Road to Justice: Plaintiffs Win Common Issues Trial in Institutional Abuse Case

May 27, 2020
       

Blog

Ontario Superior Court Narrows Foreign Exchange Class Action

May 26, 2020
       

Blog

COVID-19 Class Actions Weekly Round-Up

May 25, 2020
       

Blog

COVID-19 Class Actions Weekly Round-Up

May 20, 2020
       

Blog

COVID-19 Class Actions Weekly Round-Up

May 11, 2020
       

Blog

COVID-19 Class Actions Weekly Round-Up

May 06, 2020
       

Blog

COVID-19 Class Actions Weekly Round-Up

April 27, 2020
       

Blog

COVID-19 Class Actions Weekly Round-Up

April 21, 2020
       

Blog

COVID-19 Class Actions Weekly Round-Up

April 14, 2020
       

Blog

COVID-19 Class Actions Weekly Round-Up

April 07, 2020
       

Blog

Canadian Companies May Now Be Sued in Canada for Alleged Human Rights Abuses Abroad, Rules Supreme Court of Canada

April 02, 2020
       

Blog

COVID-19 Class Actions Weekly Round-Up

March 30, 2020
       

Blog

Suspension of Limitations Periods in British Columbia in Response to COVID-19

March 28, 2020
       

Blog

Ontario Suspends Limitation Periods and Litigation Time Limits During COVID-19 Crisis

March 24, 2020
       

In the News

Bennett Jones in ABA Newsletter on Top Canadian Class Action Appellate Decisions

February 25, 2020
       

Blog

Climate Change Action Dismissed as Non-Justiciable

January 30, 2020
       

In the News

Law Times on Ontario's Bill 161

January 08, 2020
       

Blog

Bill 161's Predominance Test to Alter the Landscape on Class Proceedings in Ontario

December 23, 2019
       

Blog

Quebec Government Launches Public Consultations on Consumer Protection

December 13, 2019
       

Announcements

Twenty-three Bennett Jones Lawyers in Leading 500 in Canada

December 13, 2019
       

Announcements

Bennett Jones: Canada’s Leading Litigation Lawyers

November 29, 2019
       

In the News

Law Times on Michael Smith Joining Bennett Jones

September 19, 2019
       

Announcements

Michael Smith Joins Bennett Jones as Partner

September 18, 2019
       

Announcements

Cheryl Woodin One of Benchmark Litigation's Top Women Lawyers

August 26, 2019
       

Blog

What the Law Commission of Ontario’s New Report on Class Actions Could Mean for Litigants

July 24, 2019
       

Articles

LCO Class Actions Report

July 17, 2019
       

Blog

"New Stuff" in Climate Change Class Actions

June 18, 2019
       

Announcements

Ranjan Agarwal a 2019 Lexpert Zenith Award Winner

June 18, 2019
       

Articles

The Rana Plaza Class Action: Lessons for Class Action Lawyers

April 24, 2019
       

Blog

Supreme Court Enforces Arbitration Clauses for Business Customers in Consumer Class Action

April 08, 2019
       

Guides

Looking Forward: Class Actions in 2019

January 31, 2019
       

Blog

Uber Drivers Get Their Day in Court

January 28, 2019
       

In the News

Jeffrey Leon on Why Companies Should Draft Insurance Policies Carefully

January 07, 2019
       

Blog

Court of Appeal Affirms Decision to Dismiss the Rana Plaza Class Action

December 21, 2018
       

Blog

Climate Change Litigation Comes to Canada

December 14, 2018
       

Blog

Move Over Toronto Raccoons—Hungry Squirrels Are Taking Over the Streets...and Class Actions?

November 19, 2018
       

In the News

Ranjan Agarwal on Third-Party Funding Agreements

November 12, 2018
       

In the News

Ranjan Agarwal in Canadian Press: SCC Decision on Class Action Against Air Canada

October 25, 2018
       

In the News

The Lawyer's Daily on Jeffrey Leon Elected ACTL President

October 12, 2018
       

Blog

Ontario Court of Appeal Certifies Class Action Against Sun Life

September 13, 2018
       

Blog

Ontario Court of Appeal Affirms Limits on Auditor Liability

September 07, 2018
       

In the News

Litigation Daily on Dow Canada’s $1.3 Billion Win Against NOVA Chemicals

August 16, 2018
       

Announcements

Successful Judgement in Pro Bono #metoo Case

August 01, 2018
       

In the News

Blair Yorke-Slader in Canadian Lawyer on $1.3 Billion Judgement for Dow

June 29, 2018
       

Articles

Canadian Appeal Court Affirms “Thanks-But-No Thanks” Approach to Discovery of U.S. Residents in Canadian Class Action

June 28, 2018
       

In the News

Dow Canada Awarded $1.3 Billion Judgement: The Lawyer’s Daily

June 28, 2018
       

Blog

Supreme Court to Reconsider Fundamental Elements of Antitrust Class Actions

June 11, 2018
       

Speaking Engagements

2018 MedTech Summit

June 11-15, 2018
       

Articles

Cost Awards in Class Actions General Principles and Recent Trends

April 26-27, 2018
       

Announcements

Litigation Partner David Gruber Joins Bennett Jones in Vancouver

April 25, 2018
       

In the News

Ranjan Agarwal on Airia Brands Inc. v. Air Canada

April 16, 2018
       

In the News

Mike Eizenga in Canadian Lawyer: Beer Store Class Action Dismissed

March 20, 2018
       

Announcements

Bennett Jones Lead Counsel to Beer Store in Class Action Dismissal

March 19, 2018
       

Announcements

Bennett Jones: The Benchmark in Litigation

February 23, 2018
       

In the News

Ranjan Agarwal in Canadian Lawyer on a "Multi-Jurisdictional Mess"

February 20, 2018
       

Blog

Pumping the Procedural Brakes: Arbitration Clause Stays Potential Uber Class Action

February 14, 2018
       

Blog

Blockchain, Cryptocurrencies and ICOs: No Signs of Investors “HODL”ing Their Litigation Claims*

January 30, 2018
       

Articles

A Tale of Two (Mer)cedes

January 23, 2018
       

Blog

Court Refuses to Certify Canadian Price-Fixing Case

January 09, 2018
       

Blog

Common Defect Found in Multiple-Model Product Liability Class Action

December 20, 2017
       

Blog

Certification Denied in Proposed Class Action Against Hydro One Alleging Widespread Billing Problems

December 12, 2017
       

Blog

Certification Denied in the Latest Misclassification Overtime Class Action

December 04, 2017
       

Announcements

Bennett Jones Litigation Lawyers—Lexpert’s Canadian Leaders

November 24, 2017
       

Announcements

Bennett Jones US/Canada Cross-Border Litigation Lawyers—Canadian Leaders

November 24, 2017
       

Blog

Québec Court of Appeal Confirms Wide and Liberal Approach to Class Action Authorization

November 23, 2017
       

Guides

Looking Forward: Canadian Class Actions in 2018

November 23, 2017
       

Speaking Engagements

Looking Forward: Class Actions in 2018

November 23, 2017 and November 28, 2017
       

In the News

Ranjan Agarwal on Ontario's College Strike on CBC News

November 17, 2017
       

In the News

Ranjan Agarwal on Ontario’s College Strike on CBC News

November 17, 2017
       

Speaking Engagements

American Bar Association Women in Litigation Joint Conference

November 15-17, 2017
       

Blog

No Statutory Claim? No Certification for Securities Class Action

November 01, 2017
       

Blog

Security for Costs Decision Allows Significant Recognition and Enforcement Appeal to Proceed

November 01, 2017
       

Blog

Ontario Court of Appeal Grounds Class Action Jurisdiction Challenges

October 26, 2017
       

Blog

Ontario Court Refuses to Approve New Litigation Funding Model for Class Actions

October 25, 2017
       

Updates

Corporate Social Responsibility and the Rana Plaza Class Action

October 06, 2017
       

Blog

Class Action Stays in Saskatchewan—Should Defence Counsel Just Stay Away?

September 28, 2017
       

Blog

Plaintiffs Can’t Depose Competition Bureau Investigator in Price-Fixing Class Action

September 28, 2017
       

Blog

One Wrong Turn

September 19, 2017
       

Announcements

Five Bennett Jones Lawyers on the Benchmark Under 40 Hotlist

August 31, 2017
       

Blog

Certification an Even Lower Bar Against Lawyers

August 08, 2017
       

Blog

Defeating Proposed Common Issues—Lessons from Pro-Sys

July 12, 2017
       

Announcements

Michael Eizenga Honoured with Law Society Medal

May 29, 2017
       

Announcements

Bennett Jones: 102 Lawyers in Canadian Legal Lexpert Directory

May 05, 2017
       

Speaking Engagements

14th Annual Symposium on Class Actions

April 07, 2017
       

Blog

4 Business Cases to Follow in the Supreme Court's Spring Term

April 06, 2017
       

Speaking Engagements

Ashley Paterson Moderates OBA Public Law Class Actions Panel

March 27, 2017
       

Speaking Engagements

OBA Public Law Class Actions Program

March 27, 2017
       

Guides

Looking Forward: Canadian Class Actions in 2017

March 02, 2017
       

Speaking Engagements

Advocates Society Class Actions Advocacy

February 14, 2017
       

Speaking Engagements

Class Actions Advocacy

February 14, 2017
       

Speaking Engagements

Advocates Society Motions Advocacy

February 07, 2017
       

Blog

A Wise Decision: Recent Lessons on Evidence in Class Actions

December 15, 2016
       

Blog

Global Warming: Court of Appeal Shows Openness to Global Classes

December 13, 2016
       

Speaking Engagements

8th Annual Class Actions Colloquium

December 05, 2016
       

Blog

Association Alone Does Not Equal Causation in Product Liability Cases

December 02, 2016
       

Blog

Shoot to Kill: Expert Bias is an Issue of Admissibility – Wise v. Abbott Laboratories, Limited (Part 1)

December 01, 2016
       

Blog

Trumpian Logic Fails in Recent Pharma Class Action Decision

December 01, 2016
       

Blog

Pharmaceutical Product Liability Class Action Filed Relating to Olmetec Drug

November 25, 2016
       

In the News

Mike Eizenga on Trump University and Class Actions in National Post

November 25, 2016
       

Blog

Overtime Class Actions Gaining Traction in Canada: Is the Oil Patch Next?

November 21, 2016
       

Announcements

Blair Yorke-Slader Q.C. Admitted to American College of Trial Lawyers

September 22, 2016
       

In the News

Mike Eizenga in Lexpert Cover Story on Class Actions: New Order

September 07, 2016
       

In the News

Ranjan Agarwal in Law Times on Latest in Tainted-Blood Settlement

September 06, 2016
       

Articles

Current Construction Class Actions and American Trends Coming to a Courtroom Near You

June 2016
       

Articles

Jurisdictional "Whack-a-Mole": Overlapping Class Actions and Abuse of Process

May 2016
       

In the News

Mike Eizenga in Law Times Focus on Class Actions

April 18, 2016
       

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