Class Actions 2022

Céline Legendre
Osler, Hoskin and Harcourt LLP

H. Michael Rosenberg
McCarthy Tétrault LLP

Moderator:

Gordon McKee
Blake, Cassels & Graydon LLP (Ontario)

Panelists:

Kristian Brabander
McCarthy Tétrault LLP (Quebec)

Claire E. Hunter, Q.C.
Hunter Litigation Chambers (British Columbia)

David Tupper
Blake, Cassels & Graydon LLP (Alberta)

Margaret L. Waddell
Waddell Phillips P.C. (Ontario)

Review of the some of the key cases, new legislation and procedures in different jurisdictions and their impact on national practice.

Moderator:

Celeste Poltak
Koskie Minsky LLP

Panelists:

Christine Lonsdale, McCarthy Tétrault LLP

Garth Myers, Kalloghlian Myers LLP

Sonal Gandhi, Senior Counsel, Crown Law Office Civil, , Ministry of the Attorney General (Ontario)

Drill down on some of the emerging case law under Ontario’s Class Proceedings Act and recent developments with other class actions legislation.

• What is the lay of the land now that the Courts have had a chance to grapple with the Class Proceedings Act?
• Recent s. 4.1 jurisprudence about pre‑certification dispositive motions and how this will impact practice.

Moderator:

H. Michael Rosenberg
McCarthy Tétrault LLP

Panelists:

Laura Bruneau
Senior Vice President, Class Action Canada, Epiq

Negar Hashemi
Legal Counsel, Department of Justice Canada

André Lespérance
Trudel Johnston & Lespérance

Our experts will guide you through some of the thorny issues that arise, including:

• Tips and traps for litigating or negotiating an individual issues protocol
• What is the scope of the Court’s authority to tailor individual issues proceedings?
• The continued role of the Class Proceedings Fund; class counsel fees; and fees for individual issues proceeding

Sarah J. Armstrong
Fasken

Theodore P. Charney
Charney Lawyers P.C.

Jasminka Kalajdzic
Associate Professor, Class Action Clinic Director, Faculty of Law, University of Windsor

Reidar Mogerman, Q.C.
Camp Fiorante Matthews Mogerman LLP

Dive into some of the complex procedural issues that go hand‑in‑hand with complex class action claims, including:

• Objectors: Sometimes perceived to be the thorn in counsels’ side, get more insight into their role and strategies about how to manage and work with them.
• Navigating (and coordinating) individual claims with the class action.
• The Death of Certification First? Is it here and what does this mean for your practice?

Kirk M. Baert
Koskie Minsky LLP

Nick Rodrigo
Davies Ward Phillips & Vineberg LLP

• Review of the key cases and emerging trends
• Strategies for allocating a settlement fairly amongst a diverse class
• Competition class actions: How to divide money amongst different levels of distribution
• Conflicts within a class – resolving conflicts with sub‑groups and varying interests

12:15 p.m.
Lunch Break

The Hon. Justice Leonard Marchand
British Columbia Court of Appeal

Travis A. Henderson
Counsel, Justice Canada

The Hon. Harry LaForme
Senior Counsel, Othuis Kleer Townshend LLP

• Government and plaintiff perspectives on some of the key recent cases, including Safe Water, 60s Scoop (2), and the recent child welfare settlement
• Unique issues and challenges with these types of claims
• Could the class actions model be used for land claims and related issues?
• Can (and should) class actions be used to facilitate reconciliation?

Rahool Agarwal
Lax O’Sullivan Lisus Gottlieb

David Klein
Klein Lawyers LLP

Learn from leading counsel about best practices and strategies for navigating the unique challenges that arise between class counsel and representative plaintiffs.

Moderator:

Mike Eizenga L.S.M.
Bennet Jones LLP

Panelists:

The Hon. Justice Donald Bisson
Superior Court of Quebec

The Hon. Justice Ward K. Branch
Supreme Court of British Columbia

The Hon. Justice Amy D. Francis
Supreme Court of British Columbia

The Hon. Justice Paul Perell
Superior Court of Justice (Ontario)

Insights from some of Canada’s leading class actions judges on some of the key issues before the courts, including:

• How does a case go wrong and what can and should counsel do to prevent this?
• Interprovincial judicial communication:
  • What guidance does the Court need from counsel about when and how to apply the protocol?
  • What are the obstacles (and what can you do to overcome them)?

Moderator:

The Hon. Justice Ward K. Branch
Supreme Court of British Columbia

The Debaters:

Audrey Boctor
IMK s.e.n.c.r.l./LLP

Luciana Brasil
Branch MacMaster

Peter Jervis
Rochon Genova LLP

Cheryl Woodin
Bennet Jones LLP

This interactive session will put four of Canada’s most outspoken class action counsel in the fray. Counsel will vigorously debate what class action case is the most likely to get leave to the SCC (or one that should have). Debaters will each be given 10 minutes to argue for their favourite case and debate arguments posed by other candidates. The only rule – counsel cannot argue for a case on which they were counsel.

4:30 p.m.
Program Concludes