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Michael A. Eizenga L.S.M.

Partner

Co-Head of Class Actions Practice

Co-Head of Class Actions Practice | Email

T: 416.777.4879

T: 604.891.5353

Email

Toronto / Vancouver

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Eizenga Mike
 
  • Recent Experience
  • Recent Recognition
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T: 416.777.4879

T: 604.891.5353


Email

Toronto / Vancouver

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Michael Eizenga is Senior Partner and Co-Chair of the Class Actions Practice Group at Bennett Jones practicing out of the firm's Vancouver and Toronto offices. He is an adjunct professor at the University of Toronto's Faculty of Law teaching "Class Actions". Among other published works, he is author of The Class Action Handbook and co-author of Class Actions Law and Practice. He is a recipient of the Law Society Medal, the highest honour bestowed by the Law Society on a member.

Chambers Canada

"Michael Eizenga is 'a fabulous lawyer' who 'does a stand-up job for his clients, which is in part informed by his earlier history as plaintiff counsel – he brings that insight,' one source said, adding: 'He is at the top of the pack.' He wins the widespread respect of his peers who say 'he is an absolute delight to work with, or against. He is very practical and always has a vision of where a case will go, and is always willing to listen.'" 

He has acted in some of the country's most important class actions and today Michael is regarded as one of Canada's go-to defense counsel for companies facing complex class actions.  He has been named Canadian Class Action Litigator of the Year in six of the last eight years by Benchmark Canada. A Fellow of the American College of Trial Lawyers, he has also been named annually to the publication Best Lawyers in Canada since its inaugural edition and is ranked by Chambers and Partners (Band One) for his expertise in Dispute Resolution: Class Actions. He is listed in The Canadian Legal Lexpert Directory and Lexpert Guide to the Leading U.S./Canada Cross Border Litigation Lawyers.

Michael advises and represents clients on all issues relating to complex commercial litigation and class proceedings, including privacy and data breach matters, product liability, securities and competition. He has been appointed Special Master by the Superior Court of Justice in three class actions and amicus curiae in a major class action appeal.

A frequent lecturer and author, Michael has presented domestically and internationally to organizations such as the International Bar Association, the Canadian Bar Association, the Canadian Institute and the Advocates' Society.

He is currently defending Marriott International Inc. with respect to one of the largest data breaches ever reported and recently defeated the plaintiffs' appeal of the dismissal of their "intrusion upon seclusion" claims before the Ontario Court of Appeal.

Education

University of Western Ontario, BA, 1979 Dallas Seminary, ThM, 1983 University of Western Ontario, MA, 1986 University of Western Ontario, LLB, 1989 

Bar Admissions

Ontario, 1991 British Columbia, 2015 

Recent Experience

Atlantic Lottery Corporation, in its successful appeal before the Supreme Court of Canada, which set aside a consumer class action certification order of the Newfoundland and Labrador Court of Appeal. The class action sought disgorgement of profits through waiver of tort and restitutionary claims, brought on behalf of everyone who has played an ALC video lottery gaming terminal.
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.
An Intervenor at the Supreme Court of Canada in TELUS Communications Inc. v. Wellman on arbitration and class actions.
Volkswagen Canada, in the defence of various class actions arising from alleged misrepresentations relating to the emissions of its 2.0-litre and 3.0-litre diesel vehicles, the defence of a securities class action alleging misrepresentations in Volkswagen’s public disclosures, and the defence of a class action involving allegations of anti-competitive conduct among certain German manufacturers.
Hyundai Canada and Kia Canada, in defence of a class action alleging that their Theta II engine is prone to clogging in the lubrication systems resulting in premature wear of the engine components and catastrophic engine failure.
Welsh v Her Majesty the Queen in the Right of Ontario, representing Welsh as agent, in its appeal on Class Counsel Fees in the settlement of the action which delivered benefits to students at three provincially run schools for the deaf.
MacMillan, et al v. Merck Frosst Canada Ltd., et al acting as Special Master under a Canada-Wide settlement agreement.
Lorne Waldman v. Thomson Reuters Canada Limited appointed to assist the Divisional Court as amicus curiae.
Brewer's Retail, Inc. (c.o.b. The Beer Store) in its successful defence of an alleged $1.4-billion consumer/competition class action.
A U.S. based manufacturer and its Canadian affiliate in defence of a major medical device product liability class action.
The distributors of aftermarket insulation products in defence of a class action brought for alleged violations of the Hazardous Products Act.
Reebok International Ltd. in defence of a class action alleging violations of the Competition Act and the Consumer Protection Act. The action was settled prior to certification.
Sino-Forest Corporation in defence of a national primary and secondary market securities class action.
SMART Technologies Inc. in defence of a national primary market securities class action.
Benefit Plan Administrators Limited in defence of a pension related class action.
Bank of America in defence of a competition/anti-trust related class action.
Toyota in defence of a class action alleging it engaged in anti-competitive conduct through implementation of its Access Program.

Recent Recognition

Who's Who Legal: Thought Leaders
Recognized as a leader in Commercial Litigation
Lexpert Special Edition—Canada's Leading Health Sciences Lawyers

Recognized as a leading Health Sciences lawyer

Chambers Canada
Ranked Band 1, Dispute Resolution: Class Actions (Defence)
Ranked, Litigation: Product Liability
Chambers Global The World's Leading Lawyers for Business
Band 1, Dispute Resolution: Class Action (Defence)
The Legal 500 Canada
Leading Lawyer, Dispute Resolution - Ontario
The Canadian Legal Lexpert Directory
Most Frequently Recommended, Class Actions; Litigation – Product Liability
Repeatedly Recommended, Litigation – Corporate Commercial; Litigation – Commercial Insurance
Best Lawyers in Canada
2021 Toronto Lawyer of the Year - Class Action Litigation
Recognized for Class Action Litigation Law; Personal Injury Law; Product Liability Law
American College of Trial Lawyers
Fellow of the College
Law Society of Upper Canada
Awarded highest honour, the Law Society Medal
Benchmark Litigation: Canada
2023 Class Actions Litigator of the Year
Recognized as a Litigation Star
Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada
Ranked, Class Actions
Ranked, Litigation - Product Liability
Lexpert Guide to the Leading U.S./Canada Cross-border Litigation Lawyers in Canada
Recognized as one of Canada's leading Dispute Resolution lawyers
Lexpert/Report on Business Special Edition - Canada's Leading Litigation Lawyers
Recognized as a leading Litigation lawyer in Canada
Litigation Counsel of America
Member of the Society
Who's Who Legal: Canada
Recognized, Commercial Litigation
Recognized, Product Liability Defence
Who's Who Legal: Litigation
Recognized as a leader in the area of Litigation
Who’s Who Legal: Product Liability Defence
Recognized, Product Liability Defence

Insights, News & Events

Updates

Class Actions: Looking Forward 2023

June 01, 2023
       

Announcements

Forty Bennett Jones Lawyers Recognized In Benchmark Canada 2023

April 26, 2023
       

Announcements

177 Bennett Jones Lawyers Recognized in the Canadian Legal Lexpert Directory 2023

March 03, 2023
       

Related Services

Class Action Litigation
Product Regulation
Defamation
Commercial Litigation
Product Liability
Data Governance Protection & Cybersecurity
Privacy & Data Protection
Securities Litigation
Automotive
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