Defending Class Actions in Canada: A Guide for Defendants, 5th 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.

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.

What’s New in This Edition

• Commentary on forthcoming legislative changes based on the Law Commission of Ontario’s July 2019 report
• Updated discussion on Financial Services Related Claims including revised commentary on Fee Disclosure Cases as well as a new subsection on Duty to Inform
• Significantly revised discussion on Competition Claims and “umbrella purchasers” with reference to Godfrey v. Sony Corp.
• Commentary about mass tort claims for torts occurring outside of Canada with reference to Das v. George Weston Limited
• New subsection on class actions based on Misclassification of Employees as Independent Contractors and Workplace Harassment and Discrimination
• Significantly revised discussion on Data Breach related class actions
• New section on comprehensive risk-management strategy for businesses
• Significantly revised discussion on Global Classes and Absent Foreign Claimants including commentary on the Airia Brands test as well as Forum Non Conveniens
• Detailed discussion on the evolution of Third-Party Funding including considerations for Defendants
• Comparisons of the Certification Analysis in the US and Canada

Who Should Read This Book

• Class action lawyers, litigation lawyers and insurance defence lawyers – this book provides a comprehensive and quick guide on class action lawsuits
• Corporate legal and government legal departments – this book will assist in defending against class action lawsuits against the company they represent