Skip to main content
Paul Martin Toronto Lawyer

Paul J. Martin

Partner Fasken
In complex litigation, clients value our ability to offer high quality, client-centered work which couples efficiency with an awareness of and sensitivity to their business needs.
Jurisdiction Ontario, 1984
Language(s) English
Office(s) Toronto
Contact
Share
  • LinkedIn

Overview

Paul Martin is co-chair of the firm’s Class Actions practice group. With extensive experience in commercial, administrative and quasi-criminal litigation, Paul assists clients predominantly in the areas of class actions and complex cross-border litigation. His defence and trial practice primarily involves product liability, shareholder rights, employment, financial institutions, insurance, securities regulation, competition, pensions and benefits, consumer protection, and intellectual property matters.

Paul has acted as counsel in matters before all levels of court in Ontario as well as the Supreme Court of Canada, the Federal Court, the Ontario Municipal Board, the Tax Court of Canada, the Ontario Securities Commission, the Commercial Registration Appeal Tribunal, the Pensions Appeal Board and various administrative tribunals.

He is considered one of Canada’s leading practitioners in class actions and has been counsel in a number of landmark Canadian class action matters. Paul has acted on one of Canada’s broadest array of class action cases having defended matters covering such well known subjects as breast implants, prescription drugs, international cartel price fixing, toxic mould, defibrillators and pacemakers, vanishing premiums, contaminated food and water, aftermarket auto parts, insurance salvage deductibles, bank and credit card charges, mass terminations, overtime classifications,pension surpluses and deficits, investment fraud, secondary market liability,and systemic institutional abuse. He is a frequent lecturer in areas relating to advocacy, class proceedings and cross-border litigation.

Paul previously held a position as an Adjunct Lecturer at Queen’s University Faculty of law, where he taught a course on class actions. His practice is recognized by Legal 500 Canada, Benchmark and the Canadian Legal Lexpert Directory.

Achievements

  • Recognized in Competition / Antitrust Law in Toronto, The Best Lawyers in Canada 2022 to 2026
  • Recognized in Product Liability Law in Toronto, The Best Lawyers in Canada 2021 to 2026
  • Recognized in Class Action Litigation in Toronto, The Best Lawyers in Canada 2019 to 2026
  • Recognized in Ontario as a Litigation Star in Class Action, Benchmark Litigation Canada 2017 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Class Actions, Lexpert 2013 to 2025
  • Recognized in the Canadian Legal Lexpert Directory in Class Actions, Lexpert 2024
  • Recognized as a Thomson Reuters Stand-out Lawyer (formerly known as Acritas Star™ lawyer), Thomson Reuters stand-out lawyers 2021 to 2022
  • Recognized in the Canadian Legal Lexpert Directory in Class Actions, Lexpert 2020 to 2021
  • Recognized for Dispute Resolution in Ontario, The Legal 500 Canada 2016
  • As "Local Litigation Star" in Ontario and "Litigation Star" for Class Actions in Canada, Benchmark Canada 2013 to 2014
Legal 500 Publication name with laurels The Legal 500 Canada Recognized for Dispute Resolution in Ontario

Experience

  • Gatos Silver, Inc. resolves securities class action regarding its dual initial public offering, [Case - Gatos Silver, Inc.], Silver mining company defends securities class action.
  • Cook companies resolve class action concerning inferior vena cava filter products, [Case - The Defendants, Cook (Canada) Inc., Cook Incorporated, and William Cook Europe APS (collectively, “Cook”)], Canadian medical device company resolves product liability class action lawsuit.
  • Airbus Helicopters defended financial loss claims arising from groundings enforced by various international aviation authorities, [Case - Airbus Helicopters SAS, Airbus Helicopters Inc. and Airbus Helicopters Canada Inc.], Defense of a cross-border commercial dispute for the Canadian, American and French entities of Airbus Helicopters
  • Guyana Goldfields Inc. defends proposed securities class action for alleged misrepresentations about business and operations, [Case - Guyana Goldfields Inc.], A Canadian company with gold mine ownership in Guyana defends proposed securities class action.
  • Just Energy Group Inc. defends securities class action alleging claims of common law negligent misrepresentation and an oppression claim, [Case - Just Energy Group Inc.], A publicly traded natural gas and electricity retailer defends proposed securities class action.
  • TELUS Communications Inc. v. Wellman, 2019 SCC 19, [Case - TELUS Communications Inc.], In TELUS Communications Inc. v. Wellman, the Fasken team of Geoff Cowper, Andrew Borrell, Alexandra Mitretodis, Gerry Ranking and Paul Martin secured an important victory in the Supreme Court of Canada reinforcing the statutory and judicial policy in favour of enforcing arbitration agreements exc...
  • Canadian property and casualty insurers successfully defeat proposed class actions related to auto claimants' allegations of improper calculation of benefits limits, [Case - Four Major Insurers], Canadian insurers defend allegations of improper inclusion of HST in the calculation of benefits limits proscribed by law for personal injury losses in auto accidents.
  • Urlin Rent a Car Ltd. v. Furukawa Electric, 2016 ONSC 7965, [Case - G.S. Electech], Read the decision: Urlin Rent a Car Ltd. v. Furukawa Electric, 2016 ONSC 7965
  • Omarali v. Just Energy, 2016 ONSC 4094, [Case - Just Energy Inc.], Read the decision: Omarali v. Just Energy, 2016 ONSC 4094

Career & Education

Education

  • LLB University of Toronto
  • B Comm Queen's University

Memberships & Affiliations

  • Member, Canadian Bar Association
  • Member, Ontario Bar Association
  • Member, American Bar Association (Section of Litigation - Class Action and Derivative Suits Committee and Antitrust Litigation Committee)
  • Member, Toronto Lawyers Association
  • Instructor, Bar Admission Course and Ontario Centre for Advocacy Training (OCAT)

Knowledge

  • Delay in Class Actions “Saps Public Confidence” - Saskatchewan Court of Appeal, 1/13/2023
  • Episode 2 - The Rarity of Pre-Certification Discovery, In our second episode, we explain the limits of pre-certification discovery, as well as related procedural differences between different Canadian jurisdictions. In contrast to U.S. practices, pre-certification discovery is rare in Canadian class actions — and procedural differences across Canada further highlight the benefit of a legal team with national expertise.
  • Episode 3 | The Knockout Punch of Pre-Certification Motions, Some pre-certification motions are available in Canada that can put an end to, or significantly narrow, a proposed class action. In our third episode, we highlight different approaches across Canadian jurisdictions to such motions — including recent legislative changes and trends in the case law.
  • Episode 1 | The Multijurisdictional Maze, In our first episode, we explain what is needed for defendants to succeed when navigating this “multijurisdictional maze”.
  • Episode 4 | The Contrasting Criteria for Certification Motions, Our fourth episode goes through the five-part test for certification applicable in Canadian jurisdictions except Quebec. We explain what elements of this test are common battlegrounds, how they fit together, and recent legislative changes and case law developments across Canada affecting defence strategy. We also explain the test for class action authorization in Quebec.
  • Episode 5 | The Hard-Fought End of Settlement or Trial, The Canadian experience with class action resolution is very similar to the U.S. — most cases settle and very few proceed to trial. In our fifth and final episode, we highlight key decision-points in the resolution of class proceedings, the challenges associated with coordinating settlements on a national scale, and the importance of case assessment in evaluating options available to defendants.

Events

  • Canadian Competition Law: A 2016 Retrospective and Discussion of Trends for 2017, 2/16/2017
  • Toronto Fasken Martineau Symposium (4th Edition), 6/5/2014
  • The Fasken Martineau Annual Case Law Review: Key Legal Developments from 2013 You Need to Know, 2/13/2014
  • The Fasken Martineau Annual Case Law Review: Key Legal Developments from 2012 You Need to Know, 2/13/2013
  • Classes Across Borders: Lessons from American and Canadian Counsel in Defending Class Action Claims, 9/13/2012
  • You've Been Served: Timely, Practical and Strategic Approaches to the Defence of a Class Action, 5/24/2012
  • The 2011 Case Law Review: Key Legal Developments You Need to Know, 2/2/2012

News

  • Fasken Shines in Lexpert®’s Top 10 Cases of 2019-2020, 12/10/2020
  • Fasken Wins Labour and Employment Law Firm of the Year in the 2019 Best Lawyers in Canada Guide, 8/21/2018
  • Fasken’s litigators listed in Benchmark Litigation’s 2018 Guide, 5/31/2018
  • Fasken Martineau Highly Ranked by Benchmark Canada, 5/18/2017
  • Fasken Martineau’s ranked lawyers jumped by 16% - 140 lawyers listed in the 2014 Canadian Legal Lexpert Directory, 6/25/2014
  • Financial Post quotes Paul Martin in an article about cy près settlements, 5/28/2014
  • Financial Post quotes Paul Martin in an article about the United States Supreme Court’s ruling in the Erica P. John Fund Inc. v. Halliburton Co. case and its effects on class actions cases in Canada and the U.S., 5/28/2014

Publications

  • Canada: Cartels, 3/16/2015
  • Canada: Cartel Regulation, 12/9/2012
  • Canada: Cartel Regulation, 10/27/2011
  • Antitrust/Competition & Marketing Year-in-Review: Canada, 2/18/2011
  • Canada: Cartels, 1/17/2011
  • Cross-Border Class Actions: Opportunities and Challenges, 1/2/2008
  • 2006 Year in Review: Cartels and other Criminal Matters, Class Actions and Private Access, 3/2/2007
  • Antitrust Class Actions North of the Border: Uncharted Territory, 5/1/2005
  • Class Action and Defamation: Haitian and Arab Taxi Drivers Authorized to Institute Class Action Against Radio Host André Arthur, 6/1/2003
  • The Developing Role of Class Actions in Canadian Civil Justice Reform, 11/1/2000

Speaking Engagements

  • Consumerism 2.0: New Legal Challenges for Canadian Business, 6/16/2017
  • What Number Do You Want It To Be? - The Changing (and Challenging) Role of the Expert in the Corporate and Litigation Environment, 6/5/2014
  • Systemic Negligence and Aggregate Damages in Class Proceedings: Pleadings, Discovery, Trial and Beyond, 1/11/2013
  • 10 Top Cases From the First 20 Years, 12/3/2012
  • Canada's Consumer Product Safety Act, 9/27/2012
  • Defendant Interaction With Absent Class Members, 4/26/2012
  • Advice to Shape your Future in Class Actions: Speed Networking with Leading Class Counsel, 4/18/2012
  • 9th Annual Forum on Litigating Class Actions, 9/22/2008
  • Is Toxic Mold the New UFFI?, 7/1/2006
  • Drug Safety Conference, 1/23/2006
Consumerism 2.0: New Legal Challenges for Canadian Business location location Toronto
What Number Do You Want It To Be? - The Changing (and Challenging) Role of the Expert in the Corporate and Litigation Environment Toronto Fasken Martineau Symposium (4th Edition) location location Toronto
Systemic Negligence and Aggregate Damages in Class Proceedings: Pleadings, Discovery, Trial and Beyond Presentation to Ontario Government location location Toronto