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Sarah Armstrong Toronto Lawyer

Sarah J. Armstrong *

Partner Fasken
Jurisdiction Ontario, 2003
Language(s) English
Office(s) Toronto
Contact
*practising through a professional corporation
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Overview

Sarah Armstrong is the Chair of Fasken’s Ontario Litigation and Dispute Resolution Practice Group. An adept and strategic litigator, Sarah combines skilled courtroom advocacy and sound judgment to represent clients who are involved in business-critical disputes. 

Sarah navigates clients through complex commercial disputes and professional liability matters in both court and in arbitration. In the class action arena, Sarah has extensive experience managing and coordinating the defence of overlapping and multi-jurisdictional proceedings in securities, product liability, privacy and cybersecurity, insurance coverage and consumer cases. Sarah advises organizations across a wide array of industries including mining, professional services, insurance, health, automotive, retail and manufacturing. Sarah acts as lead counsel at the trial and appellate levels as well as before domestic and international arbitral tribunals.

A Fellow of the American College of Trial Lawyers, Sarah is consistently recognized as a leading litigator by legal directories including Chambers and Partners, Benchmark Litigation, Best Lawyers, Legal 500 and the Canadian Legal Lexpert Directory. In 2026, Benchmark Litigation Canada recognized Sarah as one of Canada's Top 100 Women in Litigation. Based on its extensive research, Chambers reports that clients describe Sarah as having “exceptional judgement and [being] a fantastic oral advocate.” Sarah is also a Fellow of the Litigation Counsel of America and a member of the International Association of Defence Counsel (IADC).

Committed to promoting excellence in advocacy, Sarah is a frequent presenter and mentor with The Advocates’ Society, instructing fellow advocates on skills essential to class actions, commercial litigation, arbitration and advocacy. She has also been recognized for her volunteer contributions to the University of Toronto Faculty of Law and served as a Director of the University of Toronto Alumni Association.

Sarah dedicates significant time to pro bono work and co-chairs Fasken’s Ontario Pro Bono Committee. She also served as a Director and Chair of Pro Bono Ontario. Her advocacy for children with disabilities has helped address unlawful conditions that kept them out of school or without appropriate special education services. In recognition of her contributions to pro bono legal services, Sarah received the Ontario Bar Association’s David Scott Award for Pro Bono Law.

Representative Class Action Experience

Securities

  • Representing Global Atomic Corporation in proposed securities class action
  • Representing Guyana Goldfields in proposed securities class action
  • Representing Gatos Silver in securities class action
  • Representing Just Energy Group in securities class action
  • Representing PricewaterhouseCoopers (US) in securities class action
  • Representing Baja Mining Company in securities class action
  • Representing Gammon Gold in securities class action

Insurance

  • Representing Intact Insurance Company and related insurers in COVID-19 business interruption insurance class actions
  • Representing Intact Insurance Company and related insurers in proposed class action relating to total loss auto insurance claims
  • Representing Aviva, Co-operators and Gore in proposed class action relating to HST on accident benefits

Employment and Benefits

  • Representing a major Canadian Schedule 1 bank in a holiday and vacation pay class action
  • Representing a major Canadian Schedule 1 bank in a proposed employment class action
  • Representing The Avon Company Canada and The Avon Company in post-retirement benefits class action

Products, Medical Device and Other Consumer Class Actions

  • Representing Alterna Credit Union and Alterna Bank in class action relating to NSF fees
  • Representing Advanced Bionics and related entities in medical device class actions
  • Representing Cook Medical and related entities in medical device class actions
  • Representing Hill’s Pet Nutrition in class action related to alleged defect in pet food
  • Representing FGA Brands in class action involving deceptive marketing allegations about consumer product
  • Representing Canon Canada Inc. in class action related to alleged product defect
  • Representing Guidant Corp. in medical device class actions

Privacy and Cybersecurity

  • Representing Laurentian University in privacy and cybersecurity class action
  • Representing Google in privacy disputes
  • Representing Capital One in privacy and cybersecurity class actions
  • Representing Equifax in privacy and cybersecurity class action
  • Representing a children’s aid society in a privacy and cybersecurity class action

Representative Commercial Litigation and Arbitration Experience

  • Representing big four audit firm in its defence of multiple significant audit negligence actions
  • Representing mining industry client in confidential ICC arbitration valued at C$220 million
  • Representing applicant in confidential arbitration arising from post-closing purchase price dispute
  • Representing auto parts manufacturer in breach of contract action against OEM
  • Representing client in retail pharmacy industry in its defence of an executive wrongful dismissal action
  • Representing client in successful motion to stay Ontario proceedings on basis of contractual jurisdiction clause
  • Representing respondent in successful opposition to application for declaratory and other relief in dispute about patent rights

Achievements

  • Recognized in the Canadian Legal Lexpert Directory as Most Frequently Recommended in Litigation - Commercial Corporate, Lexpert 2026
  • Recognized in the Canadian Legal Lexpert Directory as Consistently Recommended in Commercial Arbitration , Lexpert 2026
  • Recognized nationwide as one of the Top 100 Women in Litigation in Canada, Benchmark Litigation Canada 2026
  • Recognized in the Canadian Legal Lexpert Directory as Repeatedly Recommended in Litigation - Commercial Insurance, Canadian Legal Lexpert Directory 2025 to 2026
  • Recognized nationwide in Dispute Resolution: Class Action (Defence), Chambers Canada 2023 to 2026
  • Recognized in the Canadian Legal Lexpert Directory as Consistently Recommended in Litigation - Product Liability, Canadian Legal Lexpert Directory 2022 to 2026
  • Recognized in the Canadian Legal Lexpert Directory as Most Frequently Recommended in Class Actions, Canadian Legal Lexpert Directory 2022 to 2026
  • Recognized in Ontario as a Litigation Star in Class Action and Commercial, Benchmark Litigation Canada 2021 to 2026
  • Recognized in Litigation: General Commercial in Ontario, Chambers Canada 2026
  • Recognized in Class Actions and Corporate Commercial Litigation, Lexpert 500 Cross Border Directory (formerly ALM 500) 2023 to 2026

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.
  • 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.
  • The Avon Company Canada Limited and The Avon Company defend class action regarding post-retirement benefits, [Case - The Avon Company Canada Limited and The Avon Company], The Avon Company Canada Limited and The Avon Company defend a class action proceeding by Avon retirees claiming that Avon breached its contract with them when it terminated their post-retirement benefits effective January 1, 2020.
  • Gatos Silver, Inc. resolves securities class action regarding its dual initial public offering, [Case - Gatos Silver, Inc.], Silver mining company defends 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.
  • PricewaterhouseCoopers LLP defeats C$5 billion auditor’s negligence action on summary judgment, [Case - PricewaterhouseCoopers LLP], Multinational professional services brand of firms successfully defends against auditors' negligence lawsuit, securing a summary judgment.
  • Laurentian University defends proposed class action relating to a privacy breach, [Case - Laurentian University], Canadian university defends proposed class action relating to a 2017 privacy breach
  • Equifax Inc. and Equifax Canada Co. privacy class action, [Case - Equifax Inc. and Equifax Canada Co.], Equifax Inc. and Equifax Canada Co. in defence of claims in numerous class actions across Canada in relation to a widely publicized data breach in 2017
  • Representing Google in multiple privacy class actions, [Case - Google, LLC], Fasken represents Google in overlapping proposed privacy class actions commenced in British Columbia, Ontario and Quebec. The claims allege that Google violated the privacy and property rights of proposed class members by collecting their personal information and using it to sell advertising with...

Career & Education

Education

  • LLB, (Dean's List) University of Toronto
  • BA (Honours) McMaster University

Community involvement

  • Co-Chair United Way Women United
  • Former Chair of the Board of Directors Pro Bono Ontario
  • Former Secretary of the Board of Directors University of Toronto Alumni Association
  • Volunteer Lawyer Pro Bono Ontario
  • Former Committee Member Covenant House Guts+Glory
  • Former Director Working Skills Centre
  • Former Director Canadian Lawyers for International Human Rights CLAIHR
  • Former Member U of T Faculty of Law International Human Rights Program

Memberships & Affiliations

  • Fellow American College of Trial Lawyers
  • Member, and Chair, Social Justice and Pro Bono Committee International Association of Defence Counsel IADC
  • Fellow Litigation Counsel of America
  • Former Director The Advocates' Society 2015 to 2019
  • Former Chair Collegiality Mentoring and Membership Committee of The Advocates' Society
  • Member The Advocates' Society
  • Member Toronto Lawyers Association
  • Member Ontario Bar Association
  • Member Canadian Bar Association
  • Steering Committee Member Northwind Class Actions Invitational Forum

Knowledge

  • Choosing the Seat For Your Next Arbitration: The Case for Canada, 5/8/2025
  • A New Era for Civil Litigation in Ontario? What Litigants Need to Know About the Proposed Rules Overhaul, 4/23/2025
  • No Class Actions Without a Class: Ontario Court of Appeal Rejects "Conditional" Certification of Class Action, 3/27/2025
  • Is a “Material Change” Ahead for Reporting Issuers in Canada? The Supreme Court Will Decide, 6/19/2024
  • Public Companies Beware: Court of Appeal Clarifies Two-Step Test for “Material Change”, 6/15/2023
  • Failure to Prevent a Data Breach Not an Invasion of Privacy: Ontario Court of Appeal Releases Landmark Privacy Class Action Decision, 11/30/2022
  • No Duty of Care Owed by Correspondent Bank to Offshore Bank in Ponzi Scheme Case – Ontario Court of Appeal, 11/22/2022
  • Ontario Court of Appeal Confirms Test for Extension of Time to Opt Out of Class Action, 10/27/2022
  • 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.

News

  • Fasken Welcomes the IBA to Toronto, 5/1/2025
  • Lexpert® ALM 500 Directory 2022 Names 22 Fasken Lawyers, 1/6/2022
  • Precedent Magazine quotes Sarah Armstrong in an article on how lawyers are balancing family with work during the pandemic, 4/24/2020
  • Lexpert® ALM 500 Directory 2020 Names 18 Fasken Lawyers, 12/13/2019
  • Forty-Two Fasken Lawyers Ranked in 2020 Edition of Legal 500 Canada, 11/19/2019
  • Fasken Celebrates International Women’s Day 2019, 3/8/2019
  • Law.utoronto.ca quotes Sarah Armstrong in an article about her experience and legal education from the University of Toronto Faculty of Law, 12/17/2018
  • Fasken Litigators Profiled in Lexpert’s Special Edition on Litigation in Globe and Mail’s ROB, 11/30/2018
  • Lexpert Magazine quotes Sarah Armstrong in an article about civility in the legal profession, 11/30/2018
  • Fasken Wins Labour and Employment Law Firm of the Year in the 2019 Best Lawyers in Canada Guide, 8/21/2018

Publications

  • Moving the Dial on Pro Bono: Advocates as Part of the Solution to Canada’s Access to Justice Crisis, 3/1/2024
  • Ontario Court Clarifies When an Arbitration Award Becomes Binding, 7/31/2018
  • Women in Commercial Law: Bringing Men Into the Conversation, 5/18/2018
  • Happiness First, 9/18/2017
  • Voices for Pro Bono, 3/15/2016
  • Women In Litigation Symposium, 12/17/2015
  • Clarity for Issuers on Securities Class Actions Issues from Supreme Court of Canada, 12/8/2015
  • The Voice of the Profession, 9/14/2015
  • The Pros of Pro Bono, 7/22/2015
  • A Woman Advocate’s Journey to the Bench, 5/20/2015
Article, Co-Author Moving the Dial on Pro Bono: Advocates as Part of the Solution to Canada’s Access to Justice Crisis The Advocates' Journal | Vol. 42, No. 4; Spring 2024
Women in Commercial Law: Bringing Men Into the Conversation The Advocates Society, Advocacy Matters

Speaking Engagements

  • Women in Commercial Litigation Breakfast, 4/30/2026
  • “Who’s Elbows Up? The Cross-Canada Huddle, 2/23/2026
  • The Pros of Pro Bono: How to Make Pro Bono Legal Services Work for Your Firm or Practice, 2/9/2026
  • Women in Litigation Symposium, 12/12/2025
  • International Update: Key Product Liability Developments from Canada, Europe, and Australia, 9/16/2025
  • Enjoy the Silence: What are We Doing About Access to Justice?, 11/15/2024
  • Class Actions Advocacy: Trials on the Merits – Lessons Learned, 11/7/2024
  • Building a “No Wrong Door” Legal Services Delivery System, 10/31/2024
  • How to Make Pro Bono Legal Services Work for Your Firm or Practice, 10/29/2024
  • Managing the Common Issues Trial, 6/19/2024
Discussion Leader “Who’s Elbows Up? The Cross-Canada Huddle Cambridge Forum on Class Actions 1st Generation location location Cambridge, ON
Moderator and Panelist The Pros of Pro Bono: How to Make Pro Bono Legal Services Work for Your Firm or Practice International Association of Defence Counsel 2026 Midyear Meeting location location New Orleans, LA