Class Actions Litigation

Wednesday, September 21 to Thursday, September 22, 2011

The Sutton Place Hotel, Toronto, Ontario

PRE-FORUM MASTER CLASS: Tuesday, September 20, 2011

FUNDAMENTALS OF CLASS ACTIONS LITIGATION IN CANADA

Tuesday, September 20, 2011 • 9:30 a.m. – 3:30 p.m. (A morning break and lunch will be provided)

Master Class Co-Leaders:

Colin P. Stevenson
Partner
Stevensons LLP (Plaintiffs’ Counsel)

Adrian Lang
Partner
Stikeman Elliott LLP (Defence Counsel)

Class actions litigation is maturing and increasing in activity and complexity across Canada. Some jurisdictions and industry sectors in Canada have more experience with this complex form of litigation than others, and Quebec and the U.S. have markedly different regimes than common law jurisdictions in Canada. As the tentacles of litigation lengthen, it is increasinglyimportant for counsel – whether in private practice,in-house, in government, or in the U.S. – to have a fundamentalunderstanding of class action process and management in Canadato provide effective client advice, develop effective litigationstrategy, and manage litigation resources.

Overview of the Nature of and Process Involved in Class Actions Litigation

• The nature of class actions and key differences from other actions: Implications for litigation strategy, cost implications, and timelines
• Overview of litigation process (plaintiff and defence side) for a typical class action vs. a regular action
• Identifying opportunities and challenges posed by multijurisdictional class action litigation

Key Differences in the Treatment of Class Actions Litigation Across Canada

• Distinguishing process in Quebec vs. in common law jurisdictions in Canada
• Are some jurisdictions in Canada more plaintiff-friendly than others?
  • The implications on class actions litigation of opt-in vs. opt-out jurisdictions
  • Exploring different treatment of costs in key provinces in Canada
• Key differences in approach to multijurisdictional and national class actions across Canada

Overview of Key Steps in the Class Action Litigation Process

• Key defence-side risk management issues: What are the clients’ key concerns? Reputational issues, cost implications, contracts, timing and other significant factors
• Funding class actions litigation from the plaintiffs’ perspective
• Pre-certification requirements and evidentiary standards:
  • What are the certification criteria?
  • What evidence goes to the merits or to the issues? Is there a meaningful distinction?
  • Key strategies to oppose certification in a class action friendly jurisdiction
  • Making the most of expert evidence: What can you expect from your experts, and when?
• Preparing for and conducting the common issues trial: Overview of key differences between common issues trials and regular trials
• Tactics to stop or resolve class actions prior to trial:
  • Successful use of discontinuance and other pre-certification defence strategies
  • Using arbitration or mediation in class action proceedings:
    • Determining what you want to achieve
    • Planning and timing considerations to maximize chances of success
    • Top considerations and concerns in relation to partial settlements
    • Key steps involved in settling a class action
• Administration of claims:
  • Using third party administrators to streamline litigation and save time and expense
  • Choosing the right third party administrator for your action: Key selection criteria
  • How classes are administered for compensation: Technology, cost, service providers
  • Ensuring that you have the right people involved in implementing the settlement

Best Practices for Managing Complex Class Action Litigation

• Dealing effectively with multiple counsel and multiple jurisdictions
• Managing class action litigation files to save on time and associated costs
• Coordinating document management with opposing counsel and in cross-border actions

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Location:
The Sutton Place Hotel
Toronto, Ontario