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)
This Bulletin considers how limitation periods apply to environmental claims in Ontario and how to reduce the risk of missing one.
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.
Johnson provides novel appellate consideration of the test to grant an extension of a court ordered opt-out period in class proceedings.
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.
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.
The Ontario Court of Appeal has ruled that it has jurisdiction to hear a class action appeal despite a settlement agreement limiting appeal rights.
BC Court dismisses certification application for class action against Facebook for allegedly scraping user data from their messenger app.
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.
Trotman v WestJet Airlines Ltd, 2022 BCCA 22- appeal of class action certification against Westjet relating to charging of baggage fees.
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.
EIn class actions, the right to examine an affiant is the subject of conflicting case law.
In the Bag: Court Certifies Class Action for Westjet Baggage Fees
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.
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.
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
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.
In the field of class actions, new actions are being undertaken, adding an additional challenge to businesses.
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.
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.
The Ontario Government is proposing significant changes to the Class Proceedings Act that will address problems faced by parties over the last 30 years.
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.
Price fixing; umbrella purchasers; aggregate damages.
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”).
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.
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.
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.
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
Are You Ready for CASL's Private Right of Action?
The Supreme Court of Canada Releases its Decision in the CIBC v. Green Trilogy
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.
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
The British Columbia Court of Appeal, upheld a decision denying certification to a class action involving a consumer "cash-back" voucher program
Diamonds are a Class Counsels Best Friend: Fairhurst v. Anglo American PLC
Is it Safe to Talk Now? Ontario Court of Appeal Decision in Moore on Counsel/Expert Interaction
Authorization of a class action for privacy violations granted in Quebec
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