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Class Actions


Our underlying objective is to bring the simplest possible case to court. To do this, we use our pre-existing knowledge of class action rules and procedures, and acquire the knowledge of the facts that puts us in control of the issues.
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Overview

We approach class action litigation to win, either in court, or through strategically negotiated settlements. It is critical to have an experienced legal team who can advocate for you and develop a strong tactical response.

Our Fasken team is known in Canada and internationally for our class action expertise, strategic ability and excellent client service. We have been counsel on many of Canada’s most closely watched class action lawsuits in recent years and have acted for world class clients on precedent-setting matters. Our lawyers specialize in providing seamless representation in multiple jurisdictions across Canada, and work with our clients’ counsel in other countries to ensure effective coordination of parallel cross-border cases.

Developing an appropriate strategy to mitigate risk and manage the defence of a class action matter is critical, and a deep understanding of our clients’ business and industry areas allows us to provide practical advice. We use creative approaches that go “outside the box” to reduce the impacts on our clients of lengthy litigation, often in multiple jurisdictions, through early substantive and procedural challenges.

Significantly, our team has recognized leaders in the law relating to key class action battlegrounds today, including Securities, Insurance, Privacy, Product Liability, Indigenous and Competition Law. Simply put, Fasken stands apart.

Looking for an overview of class actions in Canada?

Our video series, Anatomy of a Class Action, provides a short introduction to Canadian class actions, focusing on strategic moments in class action procedure and comparisons to the U.S. experience. Each episode takes viewers through a major phase of class action litigation, starting with the procedural “maze” created by multijurisdictional class actions and ending with the “hard fought end” of settlement or trial.

Watch the video series

Achievements

  • Recognized in Class Actions Litigation, The Best Lawyers in Canada 2020 to 2026
  • Ranked nationwide in Dispute Resolution: Class Action (Defence), Chambers Canada 2018 to 2026
  • Recognized in the Canadian Legal Lexpert Directory in Class Actions, Canadian Legal Lexpert Directory 2020 to 2026
  • Winner of Benchmark Canada Award - Class Action Firm of the Year, Benchmark Litigation 2018 to 2020
  • Winner of Benchmark's Impact Case Award - Telus v. Wellman, Benchmark Litigation 2020

Team

Primary Contacts
  • Laura F. Cooper, Partner | LEADER, LITIGATION AND DISPUTE RESOLUTION, Toronto, ON, +1 416 865 5471, [email protected]
  • Andrew Borrell, Partner | Litigation and Dispute Resolution, Vancouver, BC, +1 604 631 3195, [email protected]
  • Eric Simard, Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION, Montréal, QC, +1 514 397 5147, [email protected]
  • Karen Wyke, Partner | Litigation and Dispute Resolution, Calgary, AB, +1 403 261 5357, [email protected]
Laura Cooper Toronto Lawyer Laura F. Cooper Partner | LEADER, LITIGATION AND DISPUTE RESOLUTION Toronto, ON +1 416 865 5471
Andrew Borrell, Partner | Litigation and Dispute Resolution Andrew Borrell Partner | Litigation and Dispute Resolution Vancouver, BC +1 604 631 3195
Eric Simard, Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION Eric Simard Partner | CO-LEADER, LITIGATION AND DISPUTE RESOLUTION Montréal, QC +1 514 397 5147
Karen Wyke, Partner | Litigation and Dispute Resolution Karen Wyke Partner | Litigation and Dispute Resolution Calgary, AB +1 403 261 5357

Experience

  • Sandoz Inc. defeats certification of proposed competition class action, [Case - Sandoz Canada Inc.], Sandoz defeats certification in major competition class action.
  • Lupin Pharmaceuticals Inc. defeats certification of proposed competition class action, [Case - Lupin Pharmaceuticals Inc and Lupin Pharma Canada Inc], Lupin defeats certification in major competition class action
  • 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
  • Gatos Silver, Inc. resolves securities class action regarding its dual initial public offering, [Case - Gatos Silver, Inc.], Silver mining company defends securities class action.
  • 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.
  • Represented BMW in first appellate case in Canada about European data protection requirements and Ontario discovery obligations, [Case - BMW AG and BMW Canada Inc.], Represented a German multinational car manufacturer in foreign data protection requirements and Ontario discovery obligations case.
  • 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.

Knowledge

  • Key Product Liability Cases and Developments – 2025 Overview, 2/12/2026
  • Class Actions in Canada: At the Forefront of Pharma Litigation, 10/1/2025
  • Class Actions in Canada: Hot Topics Shaping Tech Litigation, 4/8/2025
  • No Class Actions Without a Class: Ontario Court of Appeal Rejects "Conditional" Certification of Class Action, 3/27/2025
  • Fasken Institute in Brief – Review of Important Decisions in 2023, 2/15/2024
  • Alberta Court of Appeal Rejects Novel Loss Theory in Proposed Privacy Class Action, 2/16/2023
  • Failure to Prevent a Data Breach Not an Invasion of Privacy: Ontario Court of Appeal Releases Landmark Privacy Class Action Decision, 11/30/2022
  • The End Of National Class Actions in Canada?, 6/23/2022
  • The Superior Court reaffirms the autonomy of Quebec’s universities and dismisses an application for authorization to institute a COVID-19-related class action, 9/7/2021
  • When the Clock Starts Ticking: Supreme Court of Canada Speeds Up the Clock for Discoverability of Claims, 8/6/2021

Events

  • 1/14/2026
  • Bill 29 on the durability, repairability and maintenance of goods: are you ready for October 5, 2025?, 6/11/2025
  • Class Actions: Recent Developments in the Authorization Stage, 10/9/2024
  • Review of Important Decisions in 2023, 1/10/2024
  • Reform of the act respecting land use planning and development and new authorities, 6/7/2023
  • Classes Across Borders: Lessons from American and Canadian Counsel in Defending Class Action Claims, 9/13/2012
  • Litigation 2012 – Class actions in the financial sector, 9/11/2012
  • Toronto Fasken Martineau Symposium (2nd Edition), 5/24/2012
  • You've Been Served: Timely, Practical and Strategic Approaches to the Defence of a Class Action, 5/24/2012

News

  • Fasken Partner Christian Trépanier Named Fellow of the Litigation Counsel of America, 1/22/2026
  • Fasken Partner Noah Boudreau Named Fellow of the Litigation Counsel of America, 11/10/2025
  • The 2021 Canadian Legal Lexpert Directory Recognizes 235 Fasken Lawyers, 4/22/2021
  • Fasken Shines in Lexpert®’s Top 10 Cases of 2019-2020, 12/10/2020
  • Three Top Honours for Fasken at 2020 Benchmark Canada Awards, 6/3/2020
  • 2020 Chambers Canada Guide Recognizes 108 Fasken Lawyers, 9/19/2019
  • Fasken Receives High Recognition in the 2019 Canadian Legal Lexpert Directory, 4/22/2019
  • Fasken’s Litigators Listed in Benchmark Litigation Canada 2019 Guide, 3/29/2019
  • Five Top Honours for Fasken at 2019 Benchmark Canada Awards, 3/11/2019
  • Lexpert®ALM 500 Directory Names 18 Fasken Lawyers, 12/12/2018

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