Row of classical columns
Row of classical columns
Row of classical columns

The potential risks of a class action lawsuit extend far beyond damage to a company’s bottom line. Brands can be tarnished, employees may become demoralized and markets can punish share prices. McMillan’s class action litigators work tirelessly on our corporate clients’ behalf to defeat claims early to avoid these and other pitfalls.

Our lawyers have broad experience in major domestic, cross-border and international class actions. Our highly accomplished litigators have expertise in a broad range of class action specialties. These include antitrust and competition, fraud, product liability, consumer protection, securities, employment, pharmaceuticals and medical devices, automotive, intellectual property, environmental, and banking litigation. Our prime focus is to preserve shareholder value and public reputation by defeating claims early.

Our law firm has handled some of the biggest domestic, cross-border and international class actions. McMillan’s lawyers across Canada work as one team, in collaboration with trusted cross-border connections, to seamlessly and effectively handle multijurisdictional cases. Our litigators have worked with many of Canada’s leading corporations and defended claims of varying sizes and degrees of complexity.

As one of Canada’s most highly reputed class action law firms, McMillan helps corporate clients by counselling on early resolution options, including defeating class treatment, seeking dismissal or summary judgements, and negotiating settlements; defending against class actions in the courts; managing the discovery process; creating strategies that mitigate risk across multiple business areas, including public relations, finance and human resources; and advising on the Canadian implications of suits originating in the United States.

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Insights (32 Posts)

Featured Insight

Outlook 2022: Class Actions in Canada

Join members of McMillan’s national Class Action group on Thursday, June 9th for an in-depth discussion on the developments and trends impacting the legal landscape for class actions in Canada.

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Thursday, June 9, 2022
Featured Insight

Ontario’s Court of Appeal Clarifies Class Member’s Appeal Rights Post Settlement Approval

The Ontario Court of Appeal has ruled that it has jurisdiction to hear a class action appeal despite a settlement agreement limiting appeal rights.

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Mar 1, 2022
Featured Insight

Couldn’t Scrape By: BC Court Rejects Certification of Class Action against Facebook

BC Court dismisses certification application for class action against Facebook for allegedly scraping user data from their messenger app.

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Feb 17, 2022
Featured Insight

Privacy, Please: Firm that Breached Instagram’s Privacy Policies Loses Class Action Ruling

A discussion of the recent B.C. Supreme Court decision certifying a class action against a U.S.-based marketing firm that breached Instagram privacy rules.

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Feb 15, 2022
Featured Insight

Excess Baggage: Round Two of the Westjet Baggage Fee Class Action

Trotman v WestJet Airlines Ltd, 2022 BCCA 22- appeal of class action certification against Westjet relating to charging of baggage fees.

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Feb 11, 2022
Featured Insight

Due Means Due: Ontario Court Considers Effect of Pandemic Measures on New Class Action Mandatory Dismissal Deadline

Ontario court upholds automatic dismissal for delay despite temporary suspension of limitations periods and court closures brought on by the COVID-19 pandemic.

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Feb 2, 2022
Featured Insight

Québec Class action – What’s new? Examination of the defendant at the authorization stage

EIn class actions, the right to examine an affiant is the subject of conflicting case law.

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Jun 14, 2021
Featured Insight

In the Bag: Court Certifies Class Action for Westjet Baggage Fees

In the Bag: Court Certifies Class Action for Westjet Baggage Fees

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Jan 29, 2021
Featured Insight

Do Not Go Directly to Jail – Just Yet Anyway: Competition Bureau Confirms its View that Buy-Side Agreements between Competitors are not Criminally Unlawful

On November 27, 2020, the Competition Bureau clarified its view that the criminal cartel provisions of the Competition Act do not apply to buy-side agreements.

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Nov 30, 2020
Featured Insight

No Compensable Loss? No Class Action – Maginnis v FCA Canada

This bulletin discusses the decision in Maginnis v FCA Canada, where the court refused to certify an automotive class action for a lack of compensable loss.

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Nov 5, 2020
Featured Insight

Supreme Court of Canada’s Uber Ruling Provides a Roadmap to Navigate between Arbitration and Class Actions

Discussion of the effect of the Supreme Court of Canada's decision re Uber drivers class action which invalidated a widely used arbitration clause

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Jun 29, 2020

Class Actions “Zooming” Forward during the COVID Pandemic?

Courts across Canada were quick to respond to the COVID-19 pandemic.  Courts have faced the unenviable challenge of maintaining the rule of law and fair process throughout a global crisis.

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May 25, 2020

Heading Towards an Epidemic of Class Actions

In the field of class actions, new actions are being undertaken, adding an additional challenge to businesses.

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Apr 3, 2020
Featured Insight

What Are “Moral Damages” Worth? Quebec Court of Appeal Limits when Consumers’ Frustration Constitutes a Recoverable Harm

The Quebec Court of Appeal's decision in Meubles Léon v. Options Consommateurs sheds light on when a "moral damage" is recoverable.

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Mar 2, 2020

Getting the Deal Through – Cartel Regulation 2020

Cartel activity is the top enforcement priority for virtually every competition agency. Leniency programs continue to evolve and coordination between agencies on international cases is increasing.

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Feb 3, 2020
Featured Insight

Stay Tuned: Ontario Proposes Sweeping Changes to Class Proceedings Act

The Ontario Government is proposing significant changes to the Class Proceedings Act that will address problems faced by parties over the last 30 years.

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Dec 16, 2019
Featured Insight

A Comma-dy of Errors: Ontario Superior Court Dismisses Pensioners’ Class Action

In Austin v. Bell Canada, a class proceeding was brought, certified, and dismissed on summary judgment, in
connection with the provision of a pension plan.

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Dec 3, 2019

The Godfrey Decision: Competition Class Action Certification Made (Even) Easier

Price fixing; umbrella purchasers; aggregate damages.

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Oct 2, 2019
Featured Insight

Party Cannot Negotiate Certification Defeat from the Jaws of Contested Victory

The British Columbia Supreme Court (“Court”) recently dismissed a party's second application attempt to certify their class action in Leonard v The Manufacturers Life Insurance (“Leonard”).

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Jun 1, 2019
Featured Insight

No “Piggybacking” to Avoid B2B Arbitration: Supreme Court of Canada Affirms Enforceability of Arbitration Clauses despite Related Class Action

In its recent 5-4 decision, the Supreme Court of Canada ruled that courts must enforce valid arbitration agreements between businesses.

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Apr 9, 2019
Featured Insight

Is your Privilege Protected? Ontario Court Revisits Doctrine of “Implied Waiver of Privilege” in Recent Decision

Recent case law from Ontario confirms that a party seeking to rely on parts of privileged document cannot simultaneously claim privilege over the same document.

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Aug 23, 2018
Featured Insight

A Roundtable with the Commissioner – Thoughts on effective engagement with the Competition Bureau

Join Commissioner of Competition John Pecman and senior officials from the Competition Bureau for an "insider" discussion of the most effective ways to make your case to the Competition Bureau.

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May 3, 2018 - 4:15 PM to 6:00 PM
Featured Insight

Proposed Changes to the Competition Bureau’s Immunity Program Will Undermine Effective Cartel Enforcement in Canada – Comments of McMillan LLP on the Consultation Draft dated October 26, 2017

Several proposed revisions to Immunity Program under the Competition Act will have unintended but serious consequence of decreasing applications for immunity

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Jan 1, 2018
Featured Insight

Are You Ready for CASL’s Private Right of Action?

Are You Ready for CASL's Private Right of Action?

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Jan 30, 2017

Class Actions Keep on Rollin’

Class Actions Keep on Rollin'

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Jan 19, 2017

The Supreme Court of Canada Releases its Decision in the CIBC v. Green Trilogy

The Supreme Court of Canada Releases its Decision in the CIBC v. Green Trilogy

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Dec 11, 2015

It’s a “like”: Facebook Class Certification Overturned by Appeal Court

A BC Court of Appeal, a class action was de-certified involving a claim by Facebook users who allege their images were used in advertising without consent.

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Sep 10, 2015
Featured Insight

Restructuring a Franchise in Crisis: Court Dismisses Former Dealers’ Class Action Against General Motors

Restructuring a Franchise in Crisis: Court Dismisses Former Dealers Class Action Against General Motors

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Jul 23, 2015

Commonality is Key: Class Proceeding Certification Denied

The British Columbia Court of Appeal, upheld a decision denying certification to a class action involving a consumer "cash-back" voucher program

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Jun 26, 2015

Diamonds are a Class Counsels Best Friend: Fairhurst v. Anglo American PLC

Diamonds are a Class Counsels Best Friend: Fairhurst v. Anglo American PLC

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Mar 13, 2015

Is it Safe to Talk Now? Ontario Court of Appeal Decision in Moore on Counsel/Expert Interaction

Is it Safe to Talk Now? Ontario Court of Appeal Decision in Moore on Counsel/Expert Interaction

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Jan 31, 2015

Authorization of a class action for privacy violations granted in Quebec

Authorization of a class action for privacy violations granted in Quebec

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Jul 23, 2013