Price-fixing class actions involve allegations that the defendants entered into unlawful agreements to, and did, fix, increase and maintain prices, reduce supply, and allocate sales, customers and markets for the relevant product or service. As a result, purchasers pay more for the relevant product or service than they would have paid in the absence of the illegal conspiracy. Price-fixing class actions seek to recover the amount that purchasers overpaid. Price-fixing class actions typically involve claims pursuant to the federal Competition Act and under the common law torts of conspiracy and intentional interference with economic interests. Siskinds LLP has successfully negotiated settlements in over 20 price-fixing conspiracy class actions, and are counsel in a number of ongoing matters involving a variety of products and services, including air cargo, hydrogen peroxide, liquid crystal display ("LCD"), and chocolates.
Consumer protection class actions involve fraudulent and deceptive practices in the advertising, marketing, sale, or provision of goods or services and may also involve situations where consumers are being overcharged, or improperly charged, for goods or services or where some charges are concealed. Consumer protection class actions may also occur when a company improperly imposes unfair terms and conditions in standard form contracts (i.e. insurance contracts, mortgages, loan agreements) in a manner that disadvantages consumers unfairly. Typically, consumer protection class actions involve claims pursuant to the provincial consumer protection legislation (i.e. the Consumer Protection Act).
Siskinds, LLP has successfully pursued a number of consumer protection cases, including actions against Bausch & Lomb, Honda, and UPS.
Employment class actions typically involve allegations that the employer(s) breached the relevant employment protection legislation (i.e. the Employment Standards Act). Employment class actions may involve allegations of mass wrongful terminations.
Pension related class actions typically involve allegations that the employer(s) did not meet its obligations with respect to the employer(s) pension plan or other post-retirement benefits.
Siskinds LLP has successfully pursued a number of employment and pension related class actions.
Environmental class actions are actions alleging that air, water, noise or combined pollution emanating from a common source has adversely impacted a group of persons and/or their property. As a result, those impacted by the pollution may have suffered personal injuries, damage to their property, and interference with the use and enjoyment of their property. Such cases generally seek damages for negligence, nuisance, strict liability and frequently rely on environmental protection legislation. Siskinds LLP is currently lead counsel in a number of environmental class actions pending in Ontario and other Canadian province.
Products liability class actions involve claims arising out of harm resulting from the design, manufacture, and/or sale of a product. A manufacturer may be liable if it did not use reasonable care in the design, production, or assembly of its products. Additionally, a manufacturer or seller may be liable if it fails to fulfill the terms of a promise, claim or representation made concerning the quality or type of its product. Products liability class actions can also involve misrepresentations in advertising and inadequate warnings (i.e. if a manufacturer conceals potential hazards associated with their product and thereby gives a consumer a false sense of security regarding the safety of that product). Products liability class actions seek to recover damages for the harm endured (resulting from the use and/or purchase of a product) and sometimes seek to recover other amounts aimed at punishing the manufacturer for its conduct (be that design, manufacture or marketing) in respect of the product in question.
Siskinds LLP was amongst the first firms in Canada to embark upon products liability class actions and has, since that time, been successfully involved in many of these types of claims.
Pharmaceutical liability class actions are a specific subset of Product Liability class actions. Pharmaceutical manufacturers may be liable if they do not use reasonable care in the design and manufacturing of their products. Pharmaceutical class actions may also involve claims of failure to warn of the potential adverse effects associated with using a particular drug or medical device. Pharmaceutical class actions seek to recover damages for the harm suffered by individuals from using certain drugs and medical devices.
Siskinds LLP was the first firm in Canada to certify and settle a pharmaceutical class action and a leader in Canada in this field.
Securities class actions are brought on behalf of investors who acquire shares, bonds or other securities during a period when the issuer of the securities is alleged to have misrepresented material facts, or to have omitted to disclose material facts. In order to be eligible to participate in a securities class action, the investor does not need to own the securities at the time that the class action is commenced. When corporations and other business entities misrepresent material facts, the price of the security can become artificially inflated. A securities class action generally seeks to recover for investors the inflation that they paid, or the difference between what the actually paid and the true value of the security at the time that they bought it. In Canada, Siskinds LLP is a leader in securities class actions. It has successfully resolved numerous securities class actions, and is lead counsel or co-lead counsel in eleven of the twelve class actions filed under Ontario's new investor protection legislation, Part XXIII.1 of the Ontario Securities Act. Part XXIII.1 came into effect on December 31, 2005, and was designed to enhance the remedies that are available to investors under Ontario law.
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In addition to the class action categories specifically identified, a class action may be brought in various other circumstances, provided that the members of the proposed class share common issues.
A class action lawsuit has been commenced in Manitoba, Canada against Great-West Lifeco Inc. (“Great-West”) and Canada Life Financial Corporation.
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