Class Actions Symposium

9:00 a.m. Welcome & Introduction from the Chairs

9:05 a.m. Cross-Country Check-Up
We begin the conference with a discussion about new and emerging issues in class actions across Canada, including a review of some of the key cases in different jurisdictions and their impact on the national practice.

Robert J. Hawkes KC, JSS Barristers LLP (Alberta)
James Sayce, Koskie Minsky LLP (Ontario)
Kristian Brabander, Osler, Hoskin & Harcourt LLP (Quebec)
Daniel Wallace, McInnes Cooper (Nova Scotia)

10:00 a.m. TOPIC: Mass Tort Alternatives to Class Proceedings

Are mass torts gaining traction as a tenable alternative to class actions?

• When might they be preferable
• What are the benefits of a mass tort
• Are some types of claims better suited to mass tort

Suzanne Chiodo, Assistant Professor, Osgoode Hall Law School
Paul Miller, Howie, Sacks and Henry LLP
Michael Eizenga, LSM, Bennett Jones LLP

10:45 a.m. Break

11:00 a.m. Mediation of Class Proceedings
Mediation of class actions is complicated and can be messy.  Hear from the experts in how to best prepare for the mediation and navigate through the challenges of multiple parties with diverse interests and objectives.

Travis Henderson, Department of Justice Canada (Moderator and Panelist)
The Honourable François Rolland, O.C.,AD.E Langlois Avocats
Linda Rothstein, Paliare Roland Rosenberg Rothstein LLP

11:45 a.m. Limitation Periods & Tolling

• Topic overview
• Discussion of Akbarali J.’s decision Granger v. Ontario, 2024 ONSC 6503 (CanLII)
• Federal court issue about whether the provincial or federal limitation periods apply in a particular case
• Can the commencement of a proposed class proceeding in one province toll claims in another province?

Ashley Paterson, Bennett Jones LLP
Steve Tenai, Aird & Berlis LLP
Valérie Lord, McCarthy Tétreault LLP

12:15 p.m. Lunch

1:15 p.m. Keynote Presentation
The Honourable Justice Ranjan Agarwal, Ontario Superior Court

2:00 p.m. Food & Beverage Class Actions and Product Liability
Product Liability class actions continue to be an important means of enhancing consumer protection. This panel will explore the current state of the law, and delve into the burgeoning area specific to consumables, including mislabelling and tainted products.

David Biderman, Perkins Coie
Andrea Grass, Actis Law Group Inc.
Scott Maidment, McMillan LLP

2:45 p.m. Break 

3:00 p.m. Engaging with Class Members
Panellists will discuss latest developments including:

• How to reach class members
• Optimizing the distribution of settlement money
• Providing different options for claiming to increase pickup rates
• Protecting against fraudulent claims
  

Celeste Poltak, Koskie Minsky LLP (Moderator)
Jean-Philippe Lincourt, Belleau Lapointe
Jean-Marc Leclerc, Sotos Class Actions
Moran Solomon, Concilia Services Inc.

3:45 p.m. The Great Debate
What is one case you would have argued differently if there was a chance to do it again?
This lively, interactive session, back for another year, puts three of Canada’s top class actions counsel into the fray. Attendees will vote for the winner, who will be announced at the reception to follow.

Marie Audren, Audren Rolland LLP (Moderator)
Daniel Bach, Siskinds Law Firm
Mathieu Charest-Beaudry, Trudel, Johnston & Lespérance
David Outerbridge, Torys LLP

4:45 p.m. Wine & Canapés Reception Sponsored by Deloitte
Join us immediately after the last session for an opportunity to connect with peers and experts from across the country.
Don’t miss the crowning of the winner of The Great Debate!
Prize donated by Thomson Reuters

8:30 a.m. Registration (for in-person attendance)

9:00 a.m. Welcome from Chairs

9:05 a.m. Procedural Grab-Bag
Expert guidance from class action counsel from across the country on thorny procedural issues with complex class action claims including:

• Aggregate damages: Spina v. Shoppers Drug Mart
• Pre-certification production and discovery
• Fresco case

Charlotte K.B. Harman, Slater Vecchio (Vancouver)
Guillaume Boudreau-Simard, Stikeman Elliott LLP (Quebec)
Paul Davis, Paliare Roland Rosenberg Rothstein LLP (Ontario)

9:45 a.m. Practical Applications of Technology in a Class Actions Practice

• Review of practice directions (Federal Court, Supreme Court) about using AI
• How litigators are using tools in practice – for example, summarizing depositions, using Copilot for emails, etc.
• AI tools at big firms
• Quebec law school curriculums incorporating legal research using AI

Paul-Erik Veel, Lenczner Slaght LLP
Chantelle Cseh Davies Ward Phillips & Vineberg LLP

10:30 a.m. Break

10:45 a.m. Perspectives from in-house counsel, “What I wish I’d known in private practice”

A fireside chat hosted by Emmanuelle Rolland, Audren Rolland LLP
Adrian Lang, Staples Canada General Counsel and Chief Privacy Officer
Heidi Rubin, Assistant General Counsel, BCE and Bell Canada

11:30 a.m. Judges’ Panel: A View from the Bench
Valuable insights from some of Canada’s leading class action judges on key issues before the courts, including tips for counsel.

Associate Justice Catharine Moore, Federal Court of Canada (Moderator)
The Hon. Justice Edward Morgan, Ontario Superior Court
The Hon. Justice Martin Sheehan, Quebec Superior Court
The Hon. Justice Simon Fothergill, Federal Court of Canada

12:30 p.m. Program Concludes