Class Actions Symposium 2024

Michelle Segal, Camp Fiorante Matthews Mogerman LLP (Vancouver)
Jill Lawrie, Blake, Cassels & Graydon LLP (Toronto)
Joey Zukran, LPC Avocats (Montreal)
John McKiggan, K.C., McKiggan Hebert Lawyers (Halifax)

The symposium begins with a wide‑ranging discussion of new and emerging issues in class actions from coast to coast. The panel will review some of the key cases in different jurisdictions across the country, and discuss their impact on the national practice.

Moderator:
Michael Eizenga, Bennett Jones LLP

Panelists:
Anne Merminod, Borden Ladner Gervais LLP
Chelsea Hermanson, Camp Fiorante Matthews Mogerman LLP
Sarah E. Whitmore, Torys LLP

This session will examine the issue of communications between counsel and members of a class before and after certification. The panel will discuss the implications for communication when class members are citizens, employees, customers or other categories, when a court needs to be involved, and other ethical issues that may arise.

Moderator:
Jeff Orenstein, Consumer Law Group

Panelists:
Jill McCartney, Siskinds Law Firm
Travis Henderson, Department of Justice Canada
David Klein, Klein Lawyers LLP

Panelists from both plaintiff and defence practices will discuss the complex circumstances of handling multiple actions. How do you determine carriage, or separate and manage carriage, when there are competing class actions and individual actions? What should the defendants’ role be in the management of parallel proceedings? Are there strategic options from the defence perspective?

Renowned class actions specialist Mary M. Thomson will share her research into the three goals of class proceedings, and discuss her conclusions about behaviour modification as distinct from the other two goals. This presentation will be followed by a dialogue and Q&A led by Catharine Moore, Senior General Counsel at the Department of Justice.

The keynote address will be delivered by Judge Jed Rakoff, who has sat on the United States District Court for the Southern District of New York since 1996. One of the oldest and most active trial courts in the United States, this Court often has jurisdiction over the largest financial institutions in America.

Judge Rakoff has authored over 1,800 judicial opinions, with his most noteworthy decisions being in securities law and criminal law. He frequently sits by designation on the 2nd and 9th Circuit Courts of Appeals. In addition to his judicial writing, Judge Rakoff has written over 190 articles, 900 speeches, and has co authored six books.

Moderator:
Christine Mohr, Department of Justice

Panelists:
Eric Block, Ross Nasseri LLP
Jody Brown, Goldblatt Partners LLP
Lisa Talbot, Torys LLP

This session will discuss some of the developing trends in class actions in the employment law sector, such as recent cases about seasonal workers, statutory holiday and vacation pay, and unpaid overtime. When should grievance processes be followed, and when should claims be made?

Gillian Kerr, McCarthy Tétrault LLP
Avichay Sharon, Branch MacMaster LLP
Jean Michel Boudreau, IMK s.e.n.c.r.l./LLP

Panelists will discuss the developments in class proceedings involving technology and social media companies. To what extent are these companies liable for what happens on their platforms? How have privacy and data breach actions developed in the past year?

Moderator:
Katherine L. Kay, Stikeman Elliott LLP

Debaters:
Sylvie Rodrigue, Torys LLP
Gordon McKee, Blake, Cassels & Graydon LLP
Marie Audren, Audren Rolland

This interactive session, back for another year, puts three of Canada’s top class actions counsel in the fray. Moderated by last year’s Great Debate winner, our panelists will vigorously debate which case should have been granted certification, but was not. Attendees will vote for the winner, who will be announced in the Reception to follow.

Justice Jasmine Akbarali, Ontario Superior Court of Justice
Justice Ward Branch, Supreme Court of British Columbia
Justice Daniel Boone, Court of Appeal of Newfoundland & Labrador
Justice Shaun E. Finn, Superior Court of Quebec

Insights from some of Canada’s leading class actions judges on some of the key issues before the courts, including tips for counsel.

Victoria Yankou, Ministry of the Attorney General
Andrew Borrell, Fasken Martineau DuMoulin LLP
Myriam Brixi, Lavery de Billy LLP
Paul Erik Veel, Lenczner Slaght

Class actions counsel from across the country will explore some of the thorny procedural issues that go hand in hand with complex class action claims.

Jean Philippe Groleau, Davies Ward Phillips & Vineberg LLP
Cheryl Woodin, Bennett Jones
Paul Davis, Paliare Roland Rosenberg Rothstein

This panel will explore the types of questions counsel must consider after certification is granted. What motions would be helpful to the plaintiff, or to the defendant? How do you get the case ready for trial? What does it take to build a good case on the merits post certification?

Susan Wortzman, MT>3

This not to be missed session explores the latest in AI technology and how it can support your Class Actions practice, with live demonstrations of available tools and their capabilities.

• Best practices for the use of machine learning and Automated Decision Making systems in Class Actions
• Technology demonstrations showing the use of machine learning tools including Sentiment Analysis and supervised and unsupervised Conceptual Analytics to quickly analyze large data volumes
• Demonstrations of tools to support the management of claimants and an automated process for claims valuations
• What the future holds: Coming to market GenAI Tools

In this special address, Justice Perell will reflect on the evolution of class actions over his nearly two decades presiding over some of the most significant class actions in the country.