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Class proceedings are complex, involving numerous parties, voluminous documents and, often, issues of cross-border importance. To succeed in this area, a firm must demonstrate its ability to assemble a top-notch team of litigators with experience in addressing these issues. Lerners is a proven leader in this area of law and is listed as "Repeatedly Recommended" for this work in LEXPERT, the Canadian legal directory. Lerners' experience in this area is recognized from frequent speaking requests made of Lerners' lawyers by class action conferences and continuing legal education events. |
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Lerners' commercial litigation and dispute resolution lawyers bring clients the unique perspective they have obtained from representing both plaintiffs and defendants in this area of the law. This experience has contributed to our proven record of effectively advancing the interests of plaintiffs and defending claims against defendants, often creating new law at the same time.
On the plaintiffs' side, Lerners was successful trial counsel for the plaintiff shareholders of Danier Leather in the case listed by LEXPERT in the top three of its top 10 business decisions of 2004:
Kerr et al. v. Danier Leather Inc. et al . Danier was the first trial decision considering civil liability for prospectus misrepresentations under section 130 of the Ontario Securities Act , and the first trial in a securities class action in Canada . Lerners was also counsel for a class of plaintiff shareholders of YBM Magnex International Inc. in the first major securities class action settlement in Canada: Royal Trust Corp. v. Fisherman et al.
On the defendants' side, Lerners acted for RJR Macdonald Inc. in Caputo v. Imperial Tobacco Ltd. et al. In this class action, the plaintiffs moved to certify a class action against the three major tobacco manufacturers claiming damages for personal injuries suffered by millions of Ontario smokers and their families. They alleged that the manufacturers designed and produced inherently defective and dangerous products and marketed them with the knowledge that they were addictive and harmful. The plaintiffs claimed that the pleadings disclosed a cause of action, that an identifiable class and common issues existed, that a class proceeding was a preferable procedure, and that there were plaintiffs capable of representing the class' interests. The plaintiffs' motion for certification was dismissed.
Lerners also currently acts for the defendant company directors in a class action brought by Bell Canada International Inc.'s former debenture holders for breach of contract and oppression.
Cases:
In this class action based upon allegations of misrepresentation brought pursuant to section 130 of the Ontario Securities Act , we acted for the plaintiff shareholders of YBM Magnex International, Inc., who purchased their shares pursuant to a prospectus. The defendants were YBM's former directors, officers, auditors, securities counsel and underwriters of the prospectus financing. Other issues included whether one of the defendant's rights to a fair criminal trial in the United States under the Fifth Amendment of the United States Constitution would be prejudiced by Ontario civil proceedings. This was the first major securities class action settlement in Canada.
In this class action brought by Bell Canada International Inc.'s former debenture holders for breach of contract and oppression, we act for the defendant company directors.
We were successful trial counsel for a class of plaintiff shareholders of Danier Leather Inc. ("Danier") in the first Canadian case to consider civil liability under section 130 of the Ontario Securities Act. The shareholders alleged that the prospectus for Danier's initial public offering contained misrepresentations with respect to its projected financial results.
We were counsel for the shareholder plaintiffs, who purchased their shares in Bre-X in the secondary market, in a class action brought against the company, its officers and directors, and others. This case definitively established that the "fraud on the marketplace theory", which is commonly applied in the United States in secondary market cases, does not form part of the law of Ontario.
Lerners acts for the plaintiffs in this action in which the Court of Appeal recently expanded the application of the law of negligence to credit reporting agencies.
Caputo v. Imperial Tobacco Ltd. et al.
In this class action, the plaintiffs moved to certify a class action against the three major tobacco manufacturers claiming damages for personal injuries suffered by millions of Ontario smokers and their families. They alleged that the manufacturers designed and produced inherently defective and dangerous products and marketed them with the knowledge that they were addictive and harmful.
The plaintiffs claimed that the pleadings disclosed a cause of action, that an identifiable class and common issues existed, that a class proceeding was a preferable procedure, and that there were plaintiffs capable of representing the class' interests. The plaintiffs' motion for certification was dismissed.
Lerners represented the defendant, JTI-MacDonald Inc., in this class action which alleged negligence and product liability as against three corporate defendants who did not manufacture "fire-safe cigarettes". Lerners successfully moved to have the pleading struck as disclosing no reasonable cause of action against JTI-MacDonald. The case stands for the principle that for any given defendant in a representative action there must be at least one representative plaintiff who has a reasonable cause of action against that defendant.
Lerners represents the plaintiffs in this class action, which was recently commenced against Manulife Securities International Limited on behalf of investors who purchased hedge funds from the embattled Portus Alternative Asset Management Inc. through Manulife Securities in the period between 2003 and February 2005.
To hire a legal specialist in class proceedings, find a class proceedings lawyer or contact us , and we'll be happy to refer you to one.
