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class action
The McMillan Class Actions Litigation Group has broad experience in major domestic, cross-border and international class actions. The Group consists of highly accomplished litigators who have experience and expertise in a broad range of class action specialties including antitrust and competition, product liability, consumer protection, securities, employment, pharmaceuticals and medical devices, automotive, intellectual property, environmental and banking litigation. With Group members in Montreal, Toronto, Ottawa, Calgary and Vancouver, we seamlessly handle multijurisdictional cases with the effectiveness and efficiencies only a national firm can provide.
Representative Transactions/Cases
Our clients include public and private corporations, government agencies, and individuals. Examples of our experience in class actions include involvement in:
- antitrust proceedings involving:
- air customer and air cargo surcharges
- Dynamic Random Access Memory (DRAM), Static Random Access Memory (SRAM), flash memory
- LCD flat panel monitors and CRT monitors
- retail gasoline
- pharmaceuticals
- chocolate
- hydrogen peroxide, EPDM, choline chloride, polyester polyols, polyester staple and rubber chemicals
- auto pricing, auto service charges, auto after-market lights and auto filters
- bulk vitamins
- copper futures and lender liability
- linerboard
- the sale of fine art by auction houses
- Maltol
- specialty food service hardware
- photochromic lenses
- travel agents
- product liability claims involving:
- pharmaceuticals and medical devices
- consumer goods, including rear projection televisions and cameras
- pet food and director liability
- auto component wear
- consumer goods financing
- well equipment used in Walkerton, Ontario
- polybutylene
- propane fired burners in appliances
- consumer protection proceedings involving:
- auto warranty coverage, auto pricing and auto price disclosure
- credit charges
- pharmaceuticals (including cough medicine and Synthroid)
- new homes and other residential real estate
- advertising and promotional contests
- financial services litigation involving:
- administration of registered accounts
- receipt of proceeds of alleged fraud
- securities related claims including:
- prospectus misrepresentation in an IPO
- timing and pricing of stock options
- oppression claims
- insurance proceedings involving the adjustment of complete loss automobile claims
- other
- Hepatitis C infections via the Canadian blood system
- Franchisees, mass termination of leases
Publications / Presentations
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April 2013
a "silver" lining to defending multiple, parallel class actions
class action bulletin
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March 2013
the Quebec Court of Appeal's decision in Lorrain v. Petro-Canada: mere allegations of damages are insufficient to authorize a class action
class action bulletin
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July 2012
make me special: government regulators and proximity
litigation bulletin
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July 2012
overtime class actions given the green light
employment and labour bulletin
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June 2012
certification denied in pharmaceutical class action
class actions bulletin
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May 2012
uncommonly individual "common issue" certified
class action bulletin
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February 2012
the "mention of an intention" won't stop the clock for secondary market class actions
class action bulletin
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February 2012
when there's a choice of procedure, which is "preferable"?
class action bulletin
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November 2011
Quebec Court of Appeal decision in DRAM: even more class actions ahead in Quebec?
litigation bulletin
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October 2011
international commercial arbitration awards – no deference on questions of jurisdiction
litigation bulletin
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July 2011
security pledgees need not hire Watson
Financial Services Litigation Bulletin
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April 2011
offers to settle in class actions
Class Action Bulletin
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April 2011
fund one, fund all - class action funding is open for business in Ontario
Class Action Bulletin
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March 2011
Optech v Sharma: a call for a practical approach to summary judgment
Litigation bulletin
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March 2011
Silver v IMAX – the action continues
Class Action Bulletin
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March 2011
special case hearings in class action litigation: Taylor v Canada (Attorney General), 2011 ONCA 181.
class action bulletin
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January 2011
Gatekeepers or Ticket Takers: Canadian and US Courts Diverge on the Role of Evidence in Antitrust Class Action Certification
The 2011 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
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2011
Canada Chapter in: Getting the Deal Through - Private Antitrust Litigation 2011
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Private Antitrust Litigation 2011, (published in October 2010; contributing editor Samantha Mobley). For further information please visit www.GettingTheDealThrough.com.
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October 2010
innovator duty of care in the pharmaceutical industry
Litigation Bulletin
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June 2010
Law Note - Class Actions: The IMAX Case
Lang Michener LLP InBrief
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April 2010
Class Actions: Implications of Silver v. IMAX
Lang Michener Commercial Litigation Brief Spring 2010
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January 06, 2010
Make Overtime Policy Fair and Clear
Lang Michener LLP InBrief Winter 2010
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2010
Canada: Private Antitrust Litigation
An extract from the 2010 Antitrust Review of the Americas - a www.GlobalCompetitionReview.com special report.
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November 2009
"No, It's Their Fault, Really": Limiting the Right to Contribution and Indemnity Between Tortfeasors
Canadian Insurance Law Reporter, CCH Newsletter, April 2010 and Commerical Litigation Brief Fall 2009
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October 2009
taking a run at the constitutional division of powers?
Quebec Court applies provincial consumer protection laws to award huge damages in class actions against Canadian financial institutions
Financial Services Litigation Bulletin
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August 2009
Exclusive Forum Selection in National Class Actions: A Common Issues Approach
Reproduced with permission from The Canadian Class Action Review, Vol. 5, No. 2, (published in August 2009)
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July 2008
Generic Causation in Canadian Class Actions
For the Defence (a Defence Research Institute publication), July 2008
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Winter 2008
Italy Leads the European Movement for Class Actions
Focus on Italy Magazine, Winter 2008 issue
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October 2007
Ontario Court of Appeal Lowers Threshold for Class Action Certification in Financial Services Litigation
Financial Services Litigation Bulletin
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David W. Kent
416.865.7143
Scott Maidment
416.865.7911
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