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Class Action Litigation

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

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

"The team is fantastic: they're smart, kind, responsive and accommodating. The lawyers are always ahead of the game."

Class Actions: Looking Forward 2022

Read the Report

Key Contacts

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

Recent Experience

GFA Canada in a class action lawsuit raised against them by a former donor alleging that GFA Canada made negligent misrepresentations.
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

Blog

Home is Where the Risk is When Carrying on (Insurance) Business

March 08, 2023
       

Announcements

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

March 03, 2023
       

Blog

Ontario Court Refuses to Certify Class Proceeding Relating to Newly-Prohibited Conduct Without "Some Evidence of Illegality"

February 08, 2023
       

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Commercial Litigation
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