Class Actions

Our lawyers have represented some of Canada's largest corporations.

Tyr's lawyers are highly experienced class action counsel who have defended class actions brought against some of Canada's largest corporations. Tyr also carries on a plaintiff side class action practice making it one of the few litigation firms to represent both defendants and plaintiffs in class proceedings.

The list of cases below highlights some of our experience:
  • Acting for Google LLC defending a class action seeking $80 million in damages for negligence and alleged breaches of privacy legislation. This case has not yet been certified as a class action.
  • Acted for Biovail Corporation, at the time one of Canada's leading pharmaceutical companies, in a securities class action brought by shareholders alleging improper employee options pricing. The case was settled before reaching certification.
  • Acted for the Audit Committee for Philip Services, at the time one of Canada's largest metal recovery companies, in connection with a class action brought by shareholders alleging improper disclosure. The plaintiffs sought over $1 billion in damages. The case settled on the eve of trial.
  • Acted for Agnico Eagle Mines Limited and certain of its officers and directors in their defence of a multi-jurisdictional class action alleging that the company's public disclosure was false and misleading contrary to Part XXIII.1 of the Ontario Securities Act.
  • Acted for the Ontario Lottery and Gaming Corporation in connection with a $3.5 billion class action and numerous individual actions alleging OLG owed a duty of care to prevent problem gamblers from gambling in Ontario's commercial casinos. Successfully defeated certification at hearings before the Superior Court of Justice, the Divisional Court and Court of Appeal for Ontario.
  • Acted successfully for the Ontario Lottery and Gaming Corporation in successfully defeating certification of a class action brought on behalf of a proposed class of individuals who had bought lottery tickets from OLG between the years 1975 to 2009 and which alleged that OLG had been negligent in the operation of its lottery business.
  • Acted for General Motors of Canada Company in a class action brought by former GMCC dealers who had been discontinued as a result of a reorganization of GMCC's dealer network in the wake of the financial crisis in 2008. The plaintiffs sought approximately $1 billion in damages. The case resulted in a lengthy trial and is one of very few class actions in Canada to proceed to a contested hearing. The claims against GMCC were dismissed.
  • Acted for Rogers Communications defending a class action seeking damages of $100 million alleging that the video on demand cable service was not available as advertised. This case was settled after certification.
  • Acted for Rogers Communications defending a multi-billion dollar class action proceedings across Canada to recover "system access fees" charged to consumers by wireless service providers in Canada in the period since 1987. The case has been ongoing for over a decade and has been mired in numerous complex motions.
  • Acted for Rogers Communications defending a multi-million dollar consumer class action alleging that Rogers made misrepresentations about long distance charges. The case was settled before certification.
  • Acted for Detour Gold Corporation in a securities class action involving alleged misrepresentations in relation to the company's Detour Lake Mine.