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CLASS ACTIONS
McLennan Ross has been involved in class action litigation in Alberta for many years, even before the proclamation of the Alberta Class Proceedings Act. The firm has extensive experience in dealing with national class actions, as well as class actions brought in other jurisdictions including British Columbia, Saskatchewan and Ontario.
Class action litigation clients of the firm include individuals and businesses of all sizes with the firm acting for both plaintiffs and defendants.
McLennan Ross legal professionals have experience in dealing with class actions in a wide range of areas, including:
- Securities issues
- Product liability
- Oil and gas
- Auditor/accountant liability
- Insurance issues
- Defending the payday loans industry
While pursuing class action litigation aggressively and thoroughly in pursuit of our clients' interests, McLennan Ross legal professionals also recognize the benefits of alternative dispute resolution approaches, and the fact that business issues often impact the way in which litigation must be conducted. Our legal professionals will therefore constantly search for ways to secure favourable results for our clients at a reasonable cost, and are flexible in the way in which the litigation is conducted in order to adapt legal strategies to match our clients' business needs.
Recent Class Action Cases
Nette v. Stiles et al
In this putative class action, the Plaintiff claimed against the Alberta Government and the College of Chiropractors that certain treatment was harmful and should not be permitted in the Province of Alberta. We represented a Defendant and brought an application to have the claim dismissed prior to certification. The Plaintiff discontinued against our client before the application was argued.
Betthel et al v. Lord Conrad Black
A class action brought in Saskatchewan, Ontario and Quebec, alleging that Lord Black and Hollinger engaged in a number of transactions which were improper and operated to the prejudice of the minority shareholders of Hollinger. After a preliminary application in Saskatchewan regarding jurisdiction, the plaintiffs discontinued against our client.
Bruley v. Instaloans Financial Solutions Centres
A class action commenced in Ontario against a payday loan company, which was resolved as part of the overall settlement of the Ontario and Alberta class proceedings against our clients (see Bruley and Tschritter) below.
Downey v. Instaloans Financial Solutions Centres
A class action commenced in Ontario against a payday loan company, which was resolved as part of the overall settlement of the Ontario and Alberta class proceedings against our clients. The settlement agreements were approved by the Courts in Ontario and Alberta (see also Downey above and Tschritter below).
Alexander and Barrett v. HMS Financial et al
We are co-counsel for the plaintiffs in relation to a national and cross-border class action alleging securities fraud. This action has been certified as against numerous individual and corporate Defendants, including major financial institutions. Click here to visit the website dedicated to this litigation, maintained by our Co-Plaintiff Class Counsel, Cuming & Gillespie.
Kilroy v. A OK Payday Loans Inc. et al
This was a British Columbia class action against a number of smaller payday loan operations, we represented three of the defendants. The plaintiff discontinued its action against our clients.
Lahaie v. Goodyear
This was a class action against Goodyear. We assisted as Alberta counsel in commencing the class action in Alberta at the request of British Columbia counsel, who had already commenced an action in British Columbia. The matter was settled in British Columbia.
MacKinnon v. National Money Mart et al
This class action was brought in British Columbia against the major players in the payday loan industry. We were counsel to one of the defendants. We were successful in opposing an application for certification, following which the plaintiff discontinued this action as against our clients.
Pauli et al v. Ace INA Insurance et al
Our firm acted as Alberta counsel for one of the defendants in this action which sought an interpretation of the Insurance Act and a return of any deductible charged where there was a total loss of vehicle in question. The action was resolved in favour of the defendants after a summary determination of a point of law.
Ramias v. Johnson
Our firm was counsel to the Plaintiffs in this putative class action which claimed investment fraud and securities violations. It has been discontinued after settlement with the Defendants.
Tracy v. Instaloans Financial Solutions Centres
McLennan Ross is counsel to the Defendants in class action proceedings in the province of British Columbia The class action alleges that the Defendant payday loan companies are operating unlawfully and claim damages in the tens of millions of dollars. Defence of the British Columbia proceeding continues subsequent to its certification as a class action.
Tschritter v. Instaloans Financial Solutions Centres
A class action brought against a payday loan company in the province of Alberta, which was resolved as part of the overall settlement of the Ontario and Alberta class proceedings against our clients (see Bruley and Downey above).
Western Canada Shopping Centres v. Dutton
Our firm acted for one of the defendants in this longstanding class action for a number of years.
Tainted Pet Food Class Action
Our firm was involved in a class action brought on by pet owners alleging that one of the major distributors of pet foods in Alberta did not have quality controls in place which resulted in the death of household pets from tainted food. This litigation has been resolved by settlement amongst the parties.
McLennan Ross has been involved in class action litigation in Alberta for many years, other examples include:
- Akhtar v. MacGillivray
- Alberta Pork Producers et al v. Swift Canadian Co. Ltd. et al
- Anderson v. Pan-Alberta Gas/NOVA
- Delf v. Merit Energy
- In Re 360Networks
- Korte v. Cormie
Additional information on these proceedings can be found at www.canlii.org
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