News & Events
December 20, 2018
Koskie Minsky LLP commenced a class proceeding on behalf of the representative plaintiff, David Weremy against the Province on Manitoba in respect to the Manitoba Development Centre (“MDC”). “The boys were eating out of the garbage can, out of the toilet bowls”. To view this report published by CBC News Manitoba please click here. For
December 19, 2018
David Rosenfeld was quoted in the December 19, 2018 CBC News article “People simply, at no point in time, at any point in the years past, should ever be living in these circumstances. Period,”. To read the article, please click here.
November 2, 2018
Koskie Minsky initiated a class proceeding against the Attorney General of Canada on behalf of all individuals whose applications to the Thalidomide Survivors Contribution Program were rejected. “A legal challenge against the Canadian government by alleged thalidomide survivors can proceed as a class action, the Federal Court of Appeal ruled on Thursday”. To read the
April 26, 2018
David Rosenfeld was quoted in the April 25, 2018 CBC News article “Canada signed private agreement with Qalipu Mi’kmaq days before contentious changes to application process.” To read the article, please click here. For more information about the class action and updates as they occur, please click here.
David Rosenfeld Quoted in Journal de Montréal’s Article about the Thalidomide Survivors Contribution Program Class Action
March 15, 2018
David Rosenfeld was quoted in the March 13, 2018 Le Journal de Montréal article “Victoire d’une survivante de la thalidomide contre Ottawa.” To read the article, please click here. For information about the class action and updates as they occur, please click here. David Rosenfeld cité dans l’article du Journal de Montréal sur le recours
February 12, 2018
In Heller v. Uber Technologies Inc., 2018 ONSC 718, Perell J. stayed a proposed class action on behalf of Uber drivers due to a clause in the parties’ Service Agreement that mandated they resolve disputes by arbitration in The Netherlands. In upholding the arbitration clause, the Court followed the precedent set by the Supreme Court
December 1, 2017
Airia Brands Inc. v. Air Canada, 2017 ONCA 792, is the latest class action decision to consider jurisdiction simpliciter in situations involving foreign class members. The case involved a claim of conspiracy to fix prices of air freight shipping services to and from Canada. On the matter of jurisdiction, the motion judge excluded absent foreign
October 2, 2017
Celeste Poltak has been appointed to the Expert Reference Group for the Law Commission of Ontario’s (LCO) new project, Class Actions: Objectives, Experience, and Reforms. The LCO’s class actions project is the first independent, evidence-based, and comprehensive review of class actions in Ontario since the enactment of the Class Proceedings Act in 1993. The project will provide
September 15, 2017
Kaynes v. BP, P.L.C., 2017 ONSC 5172 (Kaynes) is the latest edition of a line of class actions that have faltered for violating the statutory limitations period under s.138.14 of the Securities Act, R.S.O. 1990, c. S.5. (the “Act“) Despite its protracted procedural history, the facts in Kaynes are not complicated. The plaintiff, an Ontario
April 27, 2017
Justice Belobaba has certified a class action against Deloitte in respect of the alleged misclassification of document reviewers. The class at issue consisted of lawyers in Toronto working as document reviewers for Deloitte, and other companies. The document reviewers were treated as independent contractors, and therefore not entitled to the same payments and benefits given
January 10, 2017
In Levac v. James, 2016 ONSC 7727 the Ontario Superior Court both certified the class action, and awarded summary judgment to the plaintiffs, a procedural rarity in Ontario class action jurisprudence. Levac v. James involved an infectious outbreak among patients who received epidural injections from the defendant doctor. Toronto Public Health investigators found that the
October 19, 2016
This was a proposed representative action on behalf of refugees from the State of Eritrea alleging that the defendant Nevsun Resources Ltd., a British Columbia company, used forced labour, a form of slavery, in building an Eritrean mine. The plaintiffs brought the action under customary international law on their own behalf and as a representative
June 2, 2016
The Ontario Court of Appeal recently upheld certification in Good v. Toronto (Police Services Board), 2016 ONCA 250 (Good). Good is a class action concerning mass detentions during the G20 Summit and protests which occurred in Toronto. The Court of Appeal made two important holdings regarding aggregate damages. The first was to reaffirm that the
April 26, 2016
On April 6, 2016, the Ontario Court of Appeal released its decision in Good v. Toronto (Police Services Board), 2016 ONCA 250, where it upheld the Divisional Court’s certification of a class action stemming from the G20 summit held in Toronto in June 2010. According to an independent review, during the G20, police encircled or
March 7, 2016
Koskie Minsky LLP is investigating a potential class action against C.R. Bard Inc. and Bard Peripheral Vascular, Inc. on behalf of people who have been implanted with IVC filters and who suffered related injuries. An IVC (inferior vena cava) filter is a device that is designed to filter or “catch” blood clots (called “thrombi”) that
Common Issues Trial Adjourned in Newfoundland Indian Residential Schools Class Action for Further Discussions
February 26, 2016
Counsel for the parties jointly agreed today to adjourn the common issues trial to allow them to pursue further discussions. “We’ve continued to make progress since our last appearance before the court; and are moving forward in a positive way; however, we had hoped to be further along at this point”, said Kirk Baert, one
February 19, 2016
Koskie Minsky LLP is investigating a potential class action against Mercedes Canada Inc. and DaimlerChrysler AG on behalf of owners of Mercedes BlueTec vehicles. The investigation centres around Mercedes’s possible use of ‘cheat devices’ in its diesel cars. If you own or lease a Mercedes BlueTec vehicle and you think you might be affected, please
February 18, 2016 - February 19, 2016
Kirk Baert will be presenting at the 14th Annual Impact Fund Class Action Conference. The Conference takes place in San Francisco from February 18-19, 2016. Kirk will present on “Perspectives on Class Actions and Impact Litigation Around the World.” To view the Conference flyer, please click here.
February 8, 2016
January has been a busy month for the release of class action decisions in Ontario, highlights including: three motions concerning summary judgment, including an appeal to the Ontario Court of Appeal from summary judgment on common issues (Pet Valu); two certification decisions, both granting certification; one settlement approval/fee approval motion, which was granted (Imax); and
January 28, 2016
The most recent decision from the Ontario Court of Appeal on leave in securities class actions, Goldsmith v. National Bank, continues a trend of denying leave. The action had its origin in the demise of Poseidon Concepts in 2013, a publicly-traded energy services company. The defendant in the action, National Bank, was Poseidon’s financial advisor
December 18, 2015
Koskie Minsky LLP will be issuing a Notice of Action against the Motherisk Drug Testing Laboratory (“Motherisk”) and The Hospital for Sick Children (“SickKids”) on account of hair-strand drug and alcohol testing conducted by Motherisk between 2005 and 2015. Between 2005 and 2015, Motherisk tested hair samples from more than approximately 16,000 individuals, often at
November 20, 2015
On November 16, 2015, Justice Perell released his decision in Lundy v. VIA Rail Canada Inc., 2015 ONSC 7063. As indicated at the outset of the decision, “[t]his mini-sized class action is a test centre for underdeveloped but very important aspects of class action procedure under the Class Proceedings Act, 1992“. A novel aspect of
October 22, 2015
The class action department of Koskie Minsky LLP today announced that it is investigating a potential class action on behalf of Valeant’s shareholders concerning alleged misrepresentations in Valeant Pharmaceuticals International, Inc.’s public disclosure. On October 21, 2015, the short seller Citron Research issued a report alleging that Valeant Pharmaceuticals International Inc. has failed to disclose
August 24, 2015
In the Court of Appeal for Ontario’s latest pronouncement on the test for certification, Chief Justice Strathy re-iterated Ontario’s liberal approach to certification and focused on the benefits associated with attentive case management as class proceedings wind their way through this province’s courts. Amyotrophic Lateral Sclerosis Society of Essex v. Windsor (City), 2015 ONCA 572
July 3, 2015
On June 29, 2015, Justice Perell released his decision in Mayotte v Ontario, 2015 ONSC 4196, denying what in effect were cross motions for summary judgment in this certified class action. There were “numerous genuine, novel, and profound issues for trial, and it [was] not in the interests of justice to determine this matter summarily
June 10, 2015
On June 3, one day after the release of the Executive Summary from the Truth and Reconciliation Commission of Canada, the Federal Court certified a class action concerning day students of Indian Residential Schools [Chief Shane Gottfreidson et al. v. HMQ, 2015 FC 706]. The Indian Residential Schools Settlement Agreement[IRSSA] did not cover students of Residential
James Sayce on CBC’s Metro Morning W. Ross MacDonald School (formerly the Ontario School for the Blind) Class Action
November 25, 2014
To listen to the interview with James Sayce and Robert Seed, please click on the following link: http://www.cbc.ca/player/Radio/Local+Shows/Ontario/Metro+Morning/ID/2615298264/ To learn more about the class action or to contact class counsel, please click here.
August 27, 2014
Jody Brown speaks to the annual OJEN Summer Law Institute conference on the topic of class actions in Ontario, for more information click here.
March 26, 2014
Jason Turnbull from CBC interviews Garth Myers Regarding Crown Ward Class Action. To listen to the interview please click on the following link: http://www.cbc.ca/pointsnorth/episodes/2014/03/24/proposed-class-action-lawsuit-looking-for-crown-wards/
January 14, 2014
Kirk has been named a member of the Law Commission of Ontario’s Class Action Advisory Group. The Advisory Group is made up of legal practitioners, a member of the judiciary, academics from law, representatives from professional organizations and government representatives. The role of the Advisory Group is to provide advice on the issues raised by
Jonathan Ptak at Koskie Minsky LLP is quoted in Law Times article regarding class action contingency fees
January 6, 2014
To view the article please click here.
September 19, 2013
To view Canada’s History magazine article entitled “News: Orillia Settlement”, please click here.
September 18, 2013
To view the interview with Celeste Poltak and Marie Slark please click here. For more information about the case, please click here.
September 17, 2013
September 17, 2013
August 22, 2013
Please click on the following link to review the Globe and Mail article. http://www.theglobeandmail.com/report-on-business/industry-news/the-law-page/bmo-advisers-overtime-lawsuit-set-to-proceed/article13903702/ To view additional articles related to the certification please click on the following links: http://www.cbc.ca/news/business/story/2013/08/22/bmo-class-action-overtime.html http://business.financialpost.com/2013/08/22/ontario-court-certifies-class-action-against-bmo-nesbitt-burns-for-unpaid-overtime/ http://www2.macleans.ca/2013/08/21/court-certifies-class-action-against-bmo-nesbitt-burns-for-unpaid-overtime/ http://www.winnipegfreepress.com/business/court-certifies-class-action-against-bmo-nesbitt-burns-for-unpaid-overtime-220584471.html http://www.benefitscanada.com/news/class-action-overtime-lawsuit-against-bmo-nesbitt-burns-certified-42992 http://www.investmentexecutive.com/-/bmo-class-action-certified http://www.timescolonist.com/business/court-certifies-class-action-against-bmo-nesbitt-burns-for-unpaid-overtime-1.596829 http://www.chroniclejournal.com/news/cp/business/court-certifies-class-action-against-bmo http://www.advisor.ca/news/industry-news/advisor-overtime-lawsuit-against-bmo-nesbitt-burns-certified-126228http://news.ca.msn.com/money/court-certifies-class-action-against-bmo-1 http://www.stockwatch.com/News/Item.aspx?bid=Z-C:BMO-2098557&symbol=BMO®ion=C http://www.topix.com/forum/business/banking/TSSBHK6NUISRAL8QH http://www.airingnews.com/articles/377464/Class-action-over-unpaid-overtime-at-BMO-Nesbitt-Burns-certified
June 24, 2013
To view the Canadian Lawyer Magazine article entitled “The case for cy-près distributions” written by Kirk Baert, please click here.
June 19, 2013
We are pleased to announce that Kirk Baert has been listed in Global Law Experts in the area of Class Actions. To view his profile please click here.
Kirk Baert Included in 2013 Lexpert® Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada
June 14, 2013
We are pleased to announce that Kirk Baert will be included in the 2013 Lexpert® Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada (US Litigation Guide) scheduled to be published in November 2013.
May 23, 2013
Kirk Baert has been nominated by Canadian Lawyer Magazine for inclusion in the 2013 Top 25 Most Influential Lawyers in Canada. Kirk has been listed in the corporate-commercial category which includes many aspects related to the practice of business law including litigation, big deals, class actions, and more. To view the full list of nominees
December 4, 2012
The plaintiffs obtain settlement of $117 million from Ernst & Young LLP, subject to court approvals. The settlement is the largest settlement by an auditor in Canadian history and is one of the largest auditor settlements worldwide. For more information about the Sino-Forest class action, please click here.
November 30, 2012
Kirk Baert was quoted in the Financial Post news articles entitled “High class action awards discourage lawyers from taking on cases” and “Relief for plaintiffs in secondary class actions raises questions”.
November 2, 2012 - November 2, 2012
Koskie Minsky LLP will host a Continuing Professional Development Seminar on November 2, 2012 at the Chestnut Conference Centre – University Of Toronto, 89 Chestnut Street, Toronto, Ontario from 9:00 am. to 1:00 pm. The Program is designed to be of assistance to members of the profession who may be required to act on behalf of
July 4, 2012
To view the episode entitled “Blind Students Class Action against a School for the Blind and Visually Impaired” please click here. For more information and relevant documents about the Ross MacDonald School (formerly the Ontario School for the Blind) class action, please click here.
May 28, 2012
Koskie Minsky LLP is pleased to announce that 12 of the Firm’s lawyers were chosen by their fellow professionals to be listed in the 2012 edition of The Canadian Legal Lexpert Directory. The Canadian Legal Lexpert Directory compiles lists of outstanding professionals by conducting peer-review surveys in which thousands of leading lawyers confidentially evaluate their
May 9, 2012
We are pleased to announce that Kirk Baert of our Class Actions Department has been named the Chair of the Ontario Bar Association Class Actions Law Section Executive for the 2012-2013 term.
April 25, 2012
To view the Canadian Lawyer Magazine article entitled “Twenty years of the Class Proceedings Act” written by Kirk Baert, please click here.
March 26, 2012
To view the Canadian Lawyer Magazine article entitled “Gatekeeping defined” written by Kirk Baert, please click here.
March 14, 2012
Kirk Baert was quoted in the Financial Post news article entitled “Lawyers target Thomson Reuters in copyright class action”, to view this article please click here.
March 9, 2012
To view the Legal Post’s article entitled “Sino-Forest certification set”, please click here. For more information about this class action, please click here.
March 5, 2012
To view the Canadian Lawyer Magazine article entitled “Gatekeeping defined” written by Kirk Baert, please click here.
February 29, 2012
On February 29, 2012, a class action was commenced relating to the VIA train derailment that occurred near Burlington Ontario, on February 26, 2012. Koskie Minsky LLP, a leading class action firm, and Howie Sacks & Henry LLP, a leading personal injury firm, have commenced the action on behalf of David Carmichael and all of
February 28, 2012
Jonathan Ptak offers views on trends and tips in the Class Action world in the CBA newsletter entitled “Trends and Practice Tips From the Plaintiff Counsel’s Perspective”. To view the newsletter, please click here.
January 23, 2012
To view the Canadian Lawyer Magazine article entitled “Perell was right, the others wrong” written by Kirk Baert, please click here.
March 2, 2012 - March 2, 2012
The Actions with Class: Atlantic Class Action Symposium will be held on Friday March 2, 2012 at the Schulich School of Law, Dalhousie University, Halifax. Topics will include: National & Regional Class Action Round-Up Case Evaluation and Acceptance The Elephant in the Room: A Real and Substantial Connection Certifying the Class Crown Liability Environmental Class
January 7, 2012
The Honourable Justice Perell grants carriage to Koskie Minsky LLP and Siskinds LLP in the Labourers v. Sino Forest class action. For more information about this class action, please click here.
January 4, 2012
Kirk Baert was quoted in the Canadian Lawyer Magazine article entitled “Tipping toward the plaintiffs”. To view this article please click here.
November 28, 2011
Kirk Baert has been recognized by Lexpert as one of Canada’s highest-ranked litigation lawyers in the field of Class Action litigation. Kirk was featured in Lexpert’s Special Edition Insert on Leading Litigation Lawyers in the December issue of The Report on Business magazine.
November 23, 2011
A documentary entitled “The Gristle in the stew” about the Huronia Regional Center class action will air on CBC November 27, 2011. The documentary will be broadcast on The Sunday Edition on CBC Radio One across Canada, on Sirius Satellite radio 159 across North America and via the web at http://www.cbc.ca/thesundayedition. For more information
December 1, 2011 - December 1, 2011
Kirk Baert will be co-chairing and speaking at the 2011 OBA Class Action Colloquium on December 1, 2011. The Class Action Colloquium will take place at the OBA Conference Centre located at 20 Toronto Street on the 2nd Floor. For further information, please click here.
June 27, 2011
We are pleased to announce that Kirk Baert of our Class Actions Department is the Vice-Chair of the Ontario Bar Association Class Actions Law Section Executive for the 2011-2012 term.
Kirk Baert to speak at The Canadian Institute’s “12th Annual National Forum on Class Actions Litigation”
September 21, 2011 - September 22, 2011
Kirk Baert will be speaking at The Canadian Institute’s “12th Annual National Forum on Class Actions Litigation” on September 21-22, 2011 in Toronto. He will be addressing the following topic: Distinguishing Process Requirements and File Management in Common Issues Trials from Regular Actions.
January 2, 2010
Koskie Minsky partners are consistently recommended among the top lawyers in Canada in their respective fields by Lexpert® . The 2010 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada lists four Koskie Minsky partners acknowledged by their peers as among the top lawyers in Canada: Kirk M. Baert – Class Action Litigation Bernie