class actions 


When companies are faced with a class action lawsuit, the risks extend far beyond damage to the bottom line. Brands can be tarnished, employees may become demoralized, and markets can punish share prices. But with expert legal counsel that anticipates these threats and responds to them vigorously, the risk can be minimized—even eliminated.

McMillan's Litigation Group has broad experience in major domestic, cross-border and international class actions. Our highly accomplished litigators have expertise in a broad range of class action specialties. These include antitrust and competition, fraud, product liability, consumer protection, securities, employment, pharmaceuticals and medical devices, automotive, intellectual property, environmental, and banking litigation. Our prime focus is to preserve shareholder value and public reputation by defeating claims early.

Our specialist lawyers across Canada can seamlessly and effectively handle multijurisdictional cases typical of class actions. Our litigators have worked with many of Canada's leading corporations and have defended claims of varying sizes and degrees of complexity.

McMillan professionals help clients lead by:

  • Counseling on early resolution options, including defeating class treatment, seeking dismissal or summary judgements, and negotiating settlements
  • Defending against class actions in the courts
  • Managing the discovery process
  • Creating strategies that mitigate risk across multiple business areas, including public relations, finance and human resources
  • Advising on the Canadian implications of suits originating in the United States
Our clients include public and private corporations, government agencies, and individuals. Examples of our experience in class actions include involvement in:
  • Antitrust proceedings involving:
    • credit cards
    • auto parts
    • air customer and air cargo surcharges
    • Dynamic Random Access Memory (DRAM), Static Random Access Memory (SRAM), flash memory
    • LCD flat panel monitors and CRT monitors
    • retail gasoline
    • pharmaceuticals
    • chocolate
    • hydrogen peroxide, EPDM, choline chloride, polyester polyols, polyester staple and rubber chemicals
    • auto pricing, auto service charges, auto after-market lights and auto filters
    • bulk vitamins
    • copper futures and lender liability
    • linerboard 
    • the sale of fine art by auction houses
    • Maltol 
    • specialty food service hardware
    • photochromic lenses
    • travel agents
  • Product liability claims involving:
    • pharmaceuticals and medical devices
    • consumer goods, including rear projection televisions and cameras
    • pet food and director liability 
    • auto component wear
    • consumer goods financing 
    • well equipment used in Walkerton, Ontario
    • polybutylene
    • propane fired burners in appliances
  • Consumer protection proceedings involving:
    • auto warranty coverage, auto pricing and auto price disclosure
    • credit charges
    • pharmaceuticals (including cough medicine and Synthroid)
    • new homes and other residential real estate
    • advertising and promotional contests
  • Financial services litigation involving:
    • administration of registered accounts
    • receipt of proceeds of alleged fraud
  • Securities related claims including:
    • prospectus misrepresentation in an IPO
    • timing and pricing of stock options
    • oppression claims
  • Insurance proceedings involving the adjustment of complete loss automobile claims
  • Other
    • Hepatitis C infections via the Canadian blood system
    • Franchisees, mass termination of leases
December 2019

Advocacy and Employment

October 2019

Competition Law Bulletin

June 2019

Litigation Bulletin

April 2019

Litigation Bulletin

August 2018

Litigation Bulletin

June 5, 2018
Toronto Intellectual Property Group, Rosewater Supper Club, Toronto, Ontario
January 2018
December 2017

Employment Law and Litigation Bulletin

January 2017

Privacy and Class Action Bulletin

January 2017

Class Action Bulletin

December 2015
Canadian Privacy Law Review, Vol. 13, No. 1
December 2015
Litigation Bulletin
September 2015
Litigation Bulletin
July 2015
Litigation Bulletin
June 2015
Litigation Bulletin
March 2015
Class Action Bulletin
January 2015
Litigation Bulletin
December 2014
Litigation Bulletin
November 2014

Privacy Bulletin

October 2014

Class Action Bulletin

June 2014
Litigation Bulletin
April 2014
Competition Bulletin
February 2014
Litigation Bulletin
February 2014
Litigation Bulletin
November 2013

Class Action Bulletin

November 2013
Class Action Bulletin
November 2013
class action bulletin
August 2013

Class Action Bulletin

July 2013
Class Action Bulletin
June 2013
Class Action Bulletin
June 2013
class action bulletin
April 2013
Class Action Bulletin
March 2013

Class Action Bulletin

December 2012
The Indirect Purchaser Trilogy in the Supreme Court of Canada
ABA Business Torts & RICO News
Justice My Lord – Justice and Costs: The Availability and Scale of Litigation and Investigation Costs in Private Competition Act Litigation
Canada Competition Law Review, 2012, Vol. 25 No. 1
Protecting Protective Orders: Misuse of U.S. Discovery in Canadian Antitrust Litigation
June 2012
Class Action Bulletin
May 2012
Class Action Bulletin
March 2012
Competition Bulletin
also in ABA Unilateral Conduct Committee Newsletter "Monopoly Matters"
February 2012
Class Action Bulletin
February 2012
Class Action Bulletin
November 2011
Litigation Bulletin
October 2011
Global Competition Review
August 8, 2011
Class Action Bulletin
June 2011

Competition Bulletin

April 2011
Class Action Bulletin
April 2011
Class Action Bulletin
March 2011
Class Action Bulletin
March 2011
class action bulletin
January 2011
The 2011 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Private Antitrust Litigation 2011, (published in October 2010; contributing editor Samantha Mobley). For further information please visit
November 2010
Lexpert 2010 Guide to the Leading US/Canada Cross-border Litigation Lawyers in Canada
October 2010
Globalization of Class Actions
Association of Corporate Counsel annual conference – October 2010
April 2010
Conspiracy Class Action Certification: Canada and U.S. Diverge
ABA Section on Antitrust - International Antitrust Bulletin
March 2010
Consumer Law Bulletin
An extract from the 2010 Antitrust Review of the Americas - a special report.
October 2009
Reproduced with permission from Law Business Research. This article was first published in Getting the Deal Through - Private Antitrust Litigation 2010 (published in October 2009).
Lang Michener Competition & Marketing Brief
Recent Developments in Competition Act Class Actions
Competition Law Federated Press Newsletter , Volume XII, No. 3
September 2008
Also published in CCH Commercial Times Newsletter , Number 495
July 2008
Canadian Corporate Counsel , Vol. 17, No. 8
Competition Act Class Actions and Indirect Purchasers
Toronto Law Journal , Vol. 3, No. 7
Italy Leads the European Movement for Class Actions
Focus on Italy Magazine, Winter 2008 issue
October 2007
Private Antitrust Litigation in Canada
The Antitrust Review of the Americas 2008
A Global Competition Review Special Report
October 2007
Canada Chapter in: Getting the Deal Through – Private Antitrust Litigation 2008
Global Competition Review, October 2007
October 2006
Getting the Deal Through – Private Antitrust Litigation 2007
Global Competition Review
October 1, 2006
The Antitrust Review of the Americas 2007
A Global Competition Review Special Report
Article: International Antitrust Bulletin - ABA Section of Antitrust Law
April 2006
November 2005
The Antitrust Review of the Americas 2006
A Global Competition Review Special Report
June 24, 2005
Kerr v. Danier Leather ups the ante for class action defendants
The Lawyers Weekly, June 24, 2005
May 2005
Litigation Bulletin
May 2004
"Points North" Column in For the Defense Magazine
November 2003
American Bar Association Canadian Law Newsletter, Volume XXXIX No.2
May 2003
International Bar Association Business Law International
February 2003
Corporate Counsel