Class Actions

Class actions in Ontario are governed by the Class Proceedings Act, 1992. This statute sets out the process that has to be followed to obtain the court’s permission to proceed as a class action (“certification”) and the rules that apply to a class action once certified. Because this is a relatively new statute, the case law under it has been rapidly evolving and Cohen Highley LLP has been a dynamic part of that evolution.

It has been our privilege to act as counsel or co-counsel in several class actions including:

• The Royal Trust pension plan class action (details);
• The Mohawk residential school class action (details);
• The Silzone class action representing patients implanted with defective mechanical heart valves (details);
• The Grenville Christian College Class Proceeding; representing students seeking damages for physical and sexual abuse (details);
• A class action by rural landowners whose land and crops have suffered damages as a result of oil and gas pipelines (more information);
• Berry et al. v. Pulley et al. class action, involving competing pilot groups and an arbitrated seniority list; and
• Martin v. Lahey, the first certified class proceeding in Nova Scotia; representing children who were sexually abused by priests of the Diocese of Antigonish.

As a general rule, the stakes in a class action are high. The issues, including the procedural issues, are often complex. At Cohen Highley LLP, we embrace the challenge that this litigation brings. We are able to draw upon the strengths which our firm has to offer, the skill of our litigators and the diversity of our practices.

The following lawyers have acted or are currently acting in class proceedings that are before the courts:

John Makins, Paul Vogel, and Iain Sneddon.

We operate in teams which are comprised according to the claim that is being advanced or defended. In short, we ensure that we have the right mix of lawyers to ensure that these claims are properly litigated.

We welcome the opportunity to work cooperatively with co-counsel to advance or defend claims, including class actions. In our experience, these arrangements are always to the client’s advantage because it brings together an amalgam of talent and resources dedicated to the client’s best interests.

Contact Us

For any inquiries with respect to class action matters, please contact John W. Makins or Paul G. Vogel e-mail or by phone at (519) 672-9330. If corresponding by email, be sure to include your name, your telephone number, and a brief message.