Defending Class Actions in Canada: A Guide for Defendants, 4th Edition
This publication is Canada's top resource for enterprises exposed to potential or actual class actions and for the lawyers who represent them.
Any company doing business in Canada is at risk of being named as a defendant in a class action and, if named, may encounter courts enthusiastic to apply class actions law to benefit plaintiffs. This book arms defendants for this risk: it outlines the procedural machinery of Canadian class actions and the law that governs them, provides strategic analysis on managing the risks they entail, and explains the most important recent developments and trends on a national and international scale.
What's New in this Edition
The scope of the 4th edition has been expanded to include:
- Practical and strategic advice for executives and legal counsel of corporations and institutions carrying on business in Canada and elsewhere at risk of being named as defendants in Canadian class actions
- Up-to-date insight on the trends in the types of class actions being brought in Canada
- Practical guidance on class action risk and specific strategies to protect businesses from class actions, including arbitration clauses, waiver clauses, recalls, apologies and other remedial programs
- Trends and strategic insight into certification issues and post-certification litigation
- New chapter on multi-jurisdictional issues covering the latest in:
- jurisdictional principles
- parallel proceedings
- foreign defendants
- global or national classes
- enforceability of settlements
- multi-jurisdictional legislation
The greatest strength of the book derives from its authorship by seasoned class action defence lawyers at McCarthy Tétrault, who practise as members of a national class actions defence practice group with particular expertise in multi-jurisdictional cases.
Alberta: Kelli McAllister, Renee Reichelt, and Bryan West
British Columbia: Alexandra Cocks, Jessica Dorsey, and Miranda Lam
Ontario: Sarah Corman, Christopher Hubbard, Elder Marques, Julie Parla, Michael Rosenberg, and Michael J.P. O'Brien
Quebec: Jean-Francois Lehoux
Table of contents
Preface to the Fourth Edition
Chapter 1: What are class actions?
Chapter 2: Risk factors and general trends
Chapter 3: Protecting businesses from class actions
Chapter 4: What do I do after I receive a class action claim?
Chapter 5: Certification and beyond
Chapter 6: What do I need to know about multijurisdictional issues?
Chapter 7: What do I need to know about settlement?
Chapter 8: What do I need to know about costs, fees and disbursements?
Chapter 9: How do class actions in Canada compare to those in the U.S.?
Chapter 10: Conclusion