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.
Deals and Cases
Insights (36 Posts)
Just the Facts Please! A Discussion of Limitation Periods for Environmental Claims
This Bulletin considers how limitation periods apply to environmental claims in Ontario and how to reduce the risk of missing one.
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Feb 2, 2023
The Exclusion of Intrusion Upon Seclusion: Ontario Court of Appeal definitively determines that “Database Defendants” cannot be held liable for intrusions committed by third-party hackers
The Court of Appeal for Ontario released a trio of decisions that materially impact the viability of class actions following a data breach.
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Dec 1, 2022
My Dog Ate My Opt-Out Form: Extensions to the Opt-Out Period in Class Action Proceedings
Johnson provides novel appellate consideration of the test to grant an extension of a court ordered opt-out period in class proceedings.
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Oct 26, 2022
Skating on Thin Ice: Federal Court of Appeal Dismisses Hockey Conspiracy Case, While Adding Uncertainty to Motions to Strike
Federal Court of Appeal confirms an important limitation on the scope of the conspiracy offence, but raises uncertainty about the standard on motions to strike.
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Oct 5, 2022
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.
Details
Thursday, June 9, 2022
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.
Details
May 3, 2018 - 4:15 PM to 6:00 PM
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
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
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
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
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