Our Class Action Group

A Team at the Forefront of Class Action Litigation

BLG's Class Action Group provides sophisticated, bilingual class action advice and representation on a seamless national basis through our six offices across Canada. By combining our strengths in substantive areas of litigation and our experience with the complex procedural aspects of class actions, we bring to bear innovative approaches and considerable resources to address our clients' needs. Whether it is risk management to avoid class actions, settlements or defence of claims that is required, our Class Action Group is able to assist with the identification and execution of strategic responses.

Service With a Difference

We put our clients first. For most potential defendants, class action defence isn't primarily about the law. Class actions raise concerns about cost, reputational risk, customer and employee relations, diversion of management time, effective and efficient responses, as well as public relations. We understand these concerns. The BLG difference is a client-centred response: the best legal talent, combined with the greatest understanding of our clients' priorities. This includes:

Working closely with the marketing, public relations, financial and HR professionals of our clients to understand their business priorities.
Focussing on early and cost-effective resolution.
Including client and customer relations as part of our defence litigation strategy.
Obtaining the best experts.
Providing effective and efficient response times.

Proven and Leading Edge

With experience gained in representing our clients in more than 100 class actions commenced across Canada, our Class Action Group is a leader in defence of these claims. Examples of our innovative approaches include:

Making first use of bar orders in Canada to facilitate settlements.
Negotiating first inter-provincial class action settlement (Ontario and Québec).
Successfully defending the first common issues summary trial in British Columbia.
Obtaining the first reversal of a certification order by the British Columbia Court of Appeal.
Making innovative use of cy-près settlement techniques.

Subject Matter Expertise

It is critical to the success of any class action defence to have expertise in the underlying subject matter of the action. BLG's position as a pre-eminent Canadian litigation firm means that our considerable resources and innovative approaches are brought to bear on our clients' class action problems. This depth of expertise, along with the proven judgment of our senior counsel, assists in setting strategic goals and achieving practical and optimal results.

Major Cases, Major Clients

BLG advises clients in all major class action fields: product liability, financial services and insurance, shareholder and securities actions, pensions and employee benefits (ERISA-type claims), pharmaceuticals, environmental liability, professional advisors and health care institutions. Our multidisciplinary team brings together the specialized know-how required to effectively conduct the complex procedural aspects of class proceedings.

Class Actions in Canada

The cross-border aspects of class action litigation are increasing. Consequently, potential defendants need sophisticated planning and legal advice in deciding, tactically, how to pre-empt and reduce their exposure to class actions across Canada.

Canadian and U.S. Class Actions: Some Significant Differences

Canada does not have a national equivalent to Federal Rule 23. In Canada, class actions are generally pursued in the provincial courts, under the rules of that province. Canada does not have parallel federal and provincial jurisdiction in civil litigation matters. Our federal court does hear some class actions, but it is a statutory court with jurisdiction limited to matters such as tax, immigration, and intellectual property.
In Canada, most of the provinces have a common law system similar to that of Great Britain or most of the U.S. The Province of Québec, however, is a civil law system.
Class action legislation in Québec provides that the representative plaintiff in Québec does not have to file affidavit evidence in support of certification, just a Notice of Motion for authorization to proceed as a class action. The pleadings are accepted as true for the purposes of the certification motion. The defendant does not have the right to cross-examine the representative plaintiff on a certification motion. The defendant generally cannot file written evidence opposing certification, and cannot lead oral evidence on the certification motion unless leave is granted.
In the other provinces, certification tends to be less onerous than in the U.S. The test in Canada does not require numerosity, typicality or predominance as conditions for certification.
Generally, the representative plaintiff is required to establish five elements: (i) cause of action disclosed in the pleadings; (ii) identifiable class of two or more persons; (iii) claims raise common issues; (iv) class proceeding would be the 'preferable procedure' for resolving the common issues; and (v) there is a representative plaintiff who would fairly and adequately represent the class interests, has a workable plan to advance the class action, and does not have an interest which might conflict with other members.

Cross-border Class Actions: A Rapidly Growing Trend

Cross-border class actions are an increasing part of the Canadian class action landscape. In addition, 'copycat' class actions are often brought in Canada by plaintiffs' counsel who team up with plaintiffs' lawyers in the United States. In this way, Canadian plaintiffs' counsel may share the work-product of U.S. lawyers and take advantage of U.S. discovery documents, deposition evidence and expert testimony. In some circumstances, U.S. plaintiffs' counsel may seek to use association with Canadian counsel to commence actions in Canada for tactical purposes, such as obtaining discovery.

There are complex jurisdictional and procedural issues for defendants on both sides of the border when class actions are commenced. BLG offers advice and expertise on all aspects of cross-border litigation, including conflict of laws and jurisdictional issues, as well as the defence of Canadian class actions.

In Conclusion

Class action litigation in Canada is in a dynamic state of development and the American model is influencing its rapid evolution. Class actions are a major concern for businesses because of the financial exposure and the potential harm to reputation, customer and employee relations as well as public relations. In the current context of the law, providing a successful defence is a challenge that requires both creativity and a great breadth of expertise.

The Strength of a National Team

Lawyers acting for plaintiffs in class actions follow the example of class actions instituted elsewhere in Canada and in the United States. Consequently, more often than not, a business will be sued concurrently in several jurisdictions.

These multi-jurisdictional proceedings require close cooperation from the lawyers involved in such cases. In this type of complex litigation, our firm is able to offer clients a concerted strategy resulting in an efficient defence, through the presence of experienced class action lawyers in each of our offices.