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Andrew Borrell, Partner | Litigation and Dispute Resolution

Andrew Borrell *

Partner Fasken
The evolution of Class Action Law in Canada is ever-changing as is the creativity of litigants.
Jurisdiction British Columbia, 1993
Language(s) English
Office(s) Vancouver
Contact
*Law Corporation
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Overview

Andrew Borrell is a litigation and dispute resolution Partner in Fasken's Vancouver office. As an internationally-recognized leader in the defence of class actions, he represents defendants in matters in the Superior Courts and Courts of Appeal, as well as the Supreme Court of Canada. Andrew also advises defendants who anticipate defending class actions or seek to limit their exposure to class actions.

Expert in class action defence

Named in 2017 as “Class Action Litigator of the Year” by Benchmark Canada, and by Chambers Canada 2016-2020 for Dispute Resolution: Class Action (Defence), Andrew defends claims across a broad range of fields including securities, competition, consumer protection, contract, misrepresentation, medical products, pharmaceuticals, and product liability.

Companies also seek him out for advice on prospectus misrepresentation, corporate reorganization, commercial conduct and various other consumer claims.

Andrew acts for clients including Royal Bank of Canada, Telus Communications, and Microsoft.

Achievements

  • Recognized in Class Action Litigation in Vancouver, The Best Lawyers in Canada 2006 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Class Actions, Competition Law, and Litigation - Product Liability, Lexpert 2025 to 2026
  • Recognized in BC as a Litigation Star, Benchmark Litigation Canada 2024 to 2026
  • Recognized nationwide as a Leading Individual in Dispute Resolution: BC, The Legal 500 Canada 2023 to 2026
  • Recognized nationwide in Dispute Resolution: Class Action (Defence), Chambers Canada 2016 to 2025
  • Recognized as Recommended in Product Liability Defence, Lexology Index 2023 to 2025
  • Recognized in the Canadian Legal Lexpert Directory in Class Action, Lexpert 2009 to 2023
  • Recognized in British Columbia as a Litigation Star in Class Actions for 2013-2014 and 2017-2023, Benchmark Litigation Canada 2013 to 2023
  • Recognized in the Canadian Legal Lexpert Directory in Competition Law, Lexpert 2022
  • Recognized in British Columbia as a Litigation Star in Commercial Litigation, Benchmark Litigation Canada 2017 to 2020

Experience

  • Intact Insurance Company et al. defeats appeal from success at common issues trial relating to business interruption insurance arising from the COVID-19 pandemic, [Case - Intact Insurance Company, Novex Insurance Company and Royal & Sun Alliance], The largest provider of property and casualty insurance in Canada has defeated an appeal from a successful class action common issues trial relating to business interruption insurance and COVID-19.
  • Cermaq settles price fixing class action, [Case - Cermaq], Settlement of price fixing class action in the market for farmed Atlantic salmon.
  • Google LLC defends claims for breach of privacy and breach of consumer protection legislation related to Google Photos, [Case - Google, LLC], Plaintiff seeks to certify claims for breach of privacy related to Google Photos.
  • Google LLC confronts trio of class proceedings over privacy breach and misrepresentation claims, [Case - Google, LLC], Court agrees that putative class members cannot pursue Google LLC in three separate class proceedings with overlapping claims.
  • Royal Mutual Funds responds to class action relating to enhanced compensation that was paid to a category of RBC financial advisors for a period of time, [Case - Royal Mutual Funds Inc.], Class action which sought to re-define the duties owed by financial advisors in Canada.
  • Representing Allergan in class actions and mass tort individual lawsuits relating to breast implants, [Case - Allergan]
  • 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...
  • Proposed paint delamination class actions discontinued, [Case - Confidential Client], Fasken Martineau assisted in the defence of a major motor vehicle manufacturer in two separate proposed class actions seeking damages to vehicles where the paint allegedly delaminated. Preliminary motions were taken challenging jurisdiction over the American corporations. After several years liti...
  • Google in a putative price-fixing class action brought by Spark Event Rentals, [Case - Google, LLC], Google defendants in a putative price-fixing class action brought by Spark Event Rentals, who alleges that Google engaged in anti-competitive practices with Apple to artificially maintain the price of Google search ads above a competitive market rate. Google brought an application to stay the proceedings in favour of the arbitration process mandated in its agreement with Spark Event Rentals. The British Columbia Supreme Court granted Google’s application for a stay, which decision was upheld by the British Columbia Court of Appeal. Spark Event Rentals is now seeking leave to appeal to the Supreme Court of Canada.

Career & Education

Education

  • LLB University of Victoria

Memberships & Affiliations

  • Founder and first Chair, Class Action Section, Canadian Bar Association (BC Branch) (2000-2003)
  • Class Action; Civil Litigation; and Securities Sections; Canadian Bar Association, (BC Branch)

Knowledge

  • Class Actions in Canada: At the Forefront of Pharma Litigation, 10/1/2025
  • BC Government Seeks to Make Significant Amendments to the Business Practices and Consumer Protection Act, 3/6/2025
  • BC Government Introduces Bill 12 – Public Health Accountability and Cost Recovery Act, 3/15/2024
  • Law and Logic: Sandoz Achieves Dismissal of Pharmaceutical Class Action, 5/29/2023
  • 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.
  • Anatomy of a Class Action, Designed to offer an overview of class actions in Canada, this five-part video series provides a short introduction to Canadian class proceedings, focusing on strategic moments in class action procedure and comparisons to the U.S. experience.

Events

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
  • The 2018 Canadian Legal Lexpert Directory recognizes 200 Fasken lawyers, 4/12/2018
  • Fasken Martineau Wins Mining Law Firm of the Year in the 2018 edition of Best Lawyers in Canada Guide, 8/22/2017
  • Fasken Martineau Highly Ranked by Benchmark Canada, 5/18/2017
  • Fasken Martineau receives Band 1 rankings in four practice areas in Chambers Global 2017, 3/20/2017
  • Fasken Martineau Wins Five Awards from Benchmark Canada, 2/24/2017
  • Chambers Canada 2017 Guide recognizes 83 Fasken Martineau lawyers and names us “Employment Law Firm of the Year”, 10/3/2016
  • Solid results from The Best Lawyers in Canada 2017 as Fasken Martineau increases its “Lawyers of the Year”, 8/10/2016

Publications

  • Class Actions and Arbitration Provisions, 4/1/2008
  • Cross-Border Class Actions: Opportunities and Challenges, 1/2/2008
  • Multi-Defendant Class Actions in Canada, 1/20/2007
  • The Evolving Evidentiary Standard for Certification in Canada, 12/11/2005
  • The Class Proceedings Act and the Resolution of Disputes in the Employment Context, 4/25/2003
  • Interprovincial Class Action Issues, 9/2/2002
  • Defence Strategies in Opposing Class Actions, 5/2/2002
Class Actions and Arbitration Provisions
Article Multi-Defendant Class Actions in Canada Class Action Defence Quarterly, Vol. 1, No. 3

Speaking Engagements

  • 9th Annual Forum on Litigating Class Actions, 9/22/2008
  • Pre-Emptive Business and Legal Strategies, 10/2/2007
  • 8th Annual National Forum on Class Actions Litigation, 9/17/2007
  • Common-Law Cross-Country Checkup, 9/26/2006
  • Critical Developments of the Past Year in the Rest of Canada: A Coast to Coast Update, 9/27/2005
  • New and Emerging Issues in Employment Law, 2/28/2005
  • Class Actions: The 10th Anniversary Platinum Edition Collectors' CLE, 2/25/2005
  • Second Annual Symposium on Class Actions, 9/13/2002
  • Litigating Class Actions, 5/1/2002
  • Securities Class Actions: The Past - The Present. A Future?, 4/1/2001
Pre-Emptive Business and Legal Strategies Class Action Forum, The Conference Board of Canada location location Toronto
8th Annual National Forum on Class Actions Litigation The Canadian Institute  location location Toronto