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Litigation Expertise

Practice Areas > Class Actions

Class Actions

Our specialized Class Action group is experienced both in prosecuting and defending class proceedings.

Three senior partners of Paliare Roland are ranked as “consistently recommended” in the practice area of Class Actions by Lexpert® Canadian Legal Lexpert Directory. 

Chambers Global has ranked Paliare Roland as a leading law firm in plaintiff-side class actions, and confirms the firm is recognized for experience in acting for defendants in class actions, as well.

Canadian Lawyer Magazine named Paliare Roland as one of its top 10 litigation boutiques for 2012. In describing the firm it says:

"One lawyer who lined up against them in a class action said they were formidable opponents. “They fight tooth and nail on the stuff that matters, but there’s no messing around over silly things,” he says."

The Class Action group is a team of talented lawyers and support staff with recognized expertise in prosecuting and defending class actions.  Acting as class counsel on some cases, and as defence counsel on others give the Class Action group unique strategic insight in a practice area where most firms typically represent only one side or the other.

We represent defendants in a broad spectrum of cases, and have acted for major financial institutions, business corporations, pension funds, educational institutions and insurers. 

We act as class counsel, typically working with individuals with relatively modest claims, who represent a broader group of people with common claims

We also act as co-counsel, working with other law firms both in Ontario and from other jurisdictions on complex class proceedings.

The Class Action group is currently acting on the following Plaintiff-side proceedings:

The Class Action group has successfully resolved cases involving such matters as:

    • Breach of Contract
    • Competition Law/Price Fixing Conspiracies
    • Institutional Abuse
    • Payday Lenders and other Criminal Interest Charges
    • Pension Fund Allocations
    • Product Liability
    • Professional Negligence
    • Securities Misrepresentation
  • Lawyers
  • Representative Work
    • Margaret Waddell and Andrew Lewis, and co-counsel Sam Marr of Landy Marr Kats LLP, are class counsel in Cannon v. Funds for Canada et al.  The claim is brought on behalf of approximately 10,000 participants in the ParkLane Donations for Canada charitable gift program: 2012 ONSC 399. The claim alleges that the program was a fraud and abuse of the charitable giving provisions of the Income Tax Act.
    • Linda Rothstein, Odette Soriano, and Nasha Nijhawan obtained compensation on behalf of elevator owners whose elevators contained a faulty emergency braking system that had to be replaced at great cost.
    • Margaret Waddell, and co-counsel Dimitri Lascaris of Siskinds LLP, were class counsel in  McKenna v. Gammon Gold et al.2010 ONSC 1591 and 2011 ONSC 6630 a securities misrepresentation case brought on behalf of both prospectus and secondary market shareholders. The action was settled.
    • Ken Rosenberg, Margaret Waddell, Odette Soriano and Denise Sayer are representing the interests of the owners of Shoppers Drug Mart franchises in an action alleging that Shoppers Drug Mart has breached the terms of the Associate Agreement as well as its duty of good faith and statutory duty of fair dealing (where applicable) with regards to how it has been operating the franchise system.
    • In Smith v. National Money Mart2010 ONSC 1334, Linda Rothstein Margaret Waddell and Odette Soriano acted as class counsel along with lawyers from a number of other firms.
    • Linda Rothstein and Richard Stephenson acted as part of the Class counsel team in Mandeville v. Manufacturers Life Insurance, a class action trial that sought compensation for former Barbados Manulife policyholders who were excluded from the benefits of Manulife's demutualization. The claim was ultimately unsuccessful.
    • In Currie v. McDonald’s Restaurants, Chris Paliare and Margaret Waddell represented Canadian customers of McDonald’s restaurants who alleged that the company had improperly assured that any prizes given out in their promotional games were intentionally diverted away from Canadian customers. The action was settled.
    • Margaret Waddell and Odette Soriano acted for the plaintiff class in Joseph v. Quik Payday Inc., and Mortillaro v. Cash Money seeking compensation for the criminal rates of interest that the defendant companies were alleged to charge on their “payday loans”. Both actions have been settled.
    • Andrew Lokan and Odette Soriano represented the respondent class after ING Canada Inc. brought an application to determine the proper distribution of a surplus realized in the partial wind-up of the Wellington Insurance Company Pension Plan. The matter was settled on September 8, 2006.
    • Margaret Waddell and Odette Soriano represented the plaintiff class in a suit relating to an employee of Loblaws who was infected with Hepatitis A and who may have caused the infection to spread. The action was settled.
    • Margaret Waddell represented individuals who suffered damages arising from a breakdown in provision of Park’N Fly’s valet parking services from its Airport Road, Mississauga location during the busy post-Christmas period during the week of December 26, 2004.  This action was settled.
    • Linda Rothstein, Margaret Waddell and Odette Soriano, along with Kirk Baert and Jonathan Bida of Koskie Minsky LLP, were class counsel inMarkson v. MBNA Canada Bank, 2005 CanLII 39888 (Ont. Div. Ct.).Markson is the key class action case cited for certification of claims for aggregate damages, and the use of statistical evidence. It is also widely cited for its explanation of the "preferable procedure" analysis for certification. The action was settled
    • Ken Rosenberg and Odette Soriano acted for 407 Toll Road customers who had been improperly charged a $30 late penalty fee. The matter was settled.

Exceptional Advocates.

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