OBA | Professional Development
6th Annual Class Actions Colloquium
Class Actions
In-Person
Date:
Monday, December 1, 2014 | 8:45 am to 4:30 pm
Location:
Twenty Toronto Street Conferences and Events
20 Toronto Street, 2nd Floor, Toronto
Program Chairs:
Linda Fuerst, Lenczner Slaght Royce Smith Griffin LLP
Jean-Marc Leclerc, Sotos LLP
Peter Mantas, Fasken Martineau DuMoulin LLP
Webcast
This program contains 1.75 Professionalism Hours
This program is eligible for up to 5.25 Substantive
Hours
The OBA has been approved as an Accredited Provider
of Professionalism Content by The Law Society of
Upper Canada.
Gain in depth insight into the past year’s top developments in class action law from an expert faculty of judges and lawyers engaged
in the most cutting-edge issues now being debated in trial and appellate courts across Canada.
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Hear about the fallout from the Supreme Court of Canada class action 2013 trilogy and how to prepare for the emergence
of new battlegrounds;
Get valuable perspectives from the bench from the very popular "panel of judges" as they discuss their approaches to class
action law, including their views on case management, pre-certification motions, certification, and class action trials;
Take advantage of the opportunity to hear from the Law Commission of Ontario about the first proposed changes to the
Class Proceedings Act since 1992 and to voice your opinion and concerns.
 What legislative developments are on the horizon?
 Why are these changes needed?
 What will the impact be?
Not only will you learn about the most important trends and developments in this highly specialized and evolving area of the law
from recognized experts, but you also have the opportunity to earn almost two thirds of your professionalism credits for the year.
Register now for this important and highly informative program!
8:15 am Registration and Coffee
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8:45 am Welcome and Opening Remarks
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8:50 am Hot Topics & Cutting Edge Issues From the Trenches
Moderator:
Peter Mantas, Fasken Martineau DuMoulin LLP
Panelists:
Antonio Di Domenico, Canada’s Department of Justice
(Competition Bureau Legal Services)
Patricia Jackson, Torys LLP
Doug Lennox, Klein Lyons
Martin Sclisizzi, Borden Ladner Gervais LLP
Steve Tenai, Norton Rose Fulbright Canada LLP
Linda Visser, Siskinds LLP
10:45 am Networking Break
11:00 am Certification Motions: Assessing the Fallout From the
Supreme Court's 2013 Class Action Certification Trilogy
Linda Fuerst, Lenczner Slaght Royce Smith Griffin LLP
David Kent, McMillan LLP
Jean-Marc Leclerc, Sotos LLP
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Benefit from the experiences of some of Canada's top class
action litigators as they discuss the hottest issues in
securities, competition, product liability, consumer class
actions and more!
10:00 am Pre-certification Motions: Strategic Considerations
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What are the big battlegrounds?
Does the approach differ in different cases?
Has the pendulum swung too far in favour of
plaintiffs?
Where is the "some basis in fact" test?
How should defendants respond to the new reality?
12:00 pm Lunch and Keynote Address: Preparing for Change
John Brown, McCarthy Tétrault LLP
Margaret Waddell, Paliare Roland Rosenberg Rothstein
LLP
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When are judges allowing preliminary motions to be
heard?
What is their strategic value?
Assessing the value of motions to strike
When are jurisdiction motions successful and when
are they not?
What about summary judgment motions?
How much must be disclosed in a preliminary
motion?
PROGRAM REGISTRATION IS ONLINE
Jason Balgopal, Ministry of the Attorney General, Counsel
in Residence, Law Commission of Ontario
Get up to speed on the work of the Ontario Law Reform
Commission and the contemplated changes to the Class
Proceedings Act, 1992. Learn what's driving the review, the
impact these changes will have on class actions in Ontario,
and how to get your views heard.
Questions? pd@oba.org
www.oba.org/pd
300-20 Toronto St. Toronto, ON M5C 2B8 | Toll Free: 1-800-668-8900 | Tel: 416-869-1047 | Fax: 416-642-0424
OBA | Professional Development
1:00 pm An Analysis of Trials and Dispositive Motions
Peter Griffin, Lenczner Slaght Royce Smith Griffin LLP
David Sterns, Sotos LLP
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2:45 pm Ethical Challenges in Class Actions Cases
Moderator:
Tim Buckley, Borden Ladner Gervais LLP
Panelists:
Peter Henein, Cassels Brock & Blackwell LLP
Tim Morgan, Podrebarac Barristers
Chris Naudie, Osler, Hoskin & Harcourt LLP
David Outerbridge, Torys LLP
Will "merits-based" decisions in class actions become
more prevalent?
What impact will consideration of the merits have on
the development of class actions law generally?
1:45 pm The Challenges of Cross-Border Class Actions
Get expert strategies and advice from a panel of experts to
meet the challenges of ethical issues unique to the class
action area, including issues involving contingency fees
and solicitor-client questions:
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An analysis of the solicitor-client relationship
between class counsel and class members
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Potential conflicts between class counsel and class in
negotiating and seeking approval of class counsel
fees.
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Duties to class members who will not benefit from
settlement when only part of a case is settling
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Obligations to proposed representative plaintiffs and
class prior to certification
David Conklin, Goodmans LLP
Roger Cooper, Cleary Gottlieb Steen & Hamilton LLP - NY
Daniel Bach, Siskinds LLP
What are the challenges of litigating cross-border actions?
Hear from expert speakers from the U.S. and Canada
involved in cutting-edge approaches used in recent
securities class action cases on how multi-jurisdictional
cases are coordinated amid differences in substantive and
procedural laws that raise difficult strategies and tactical
issues.
2:30 pm Networking Break
3:30 pm View From the Bench - The Judges' Perspective
The Honourable Mr. Justice Paul M. Perell, Superior Court
of Justice
The Honourable Mr. Justice Robert Smith, Superior Court
of Justice
Moderator:
Jean-Marc Leclerc, Sotos LLP
4:30 pm Closing Remarks and Program Concludes
Sponsored By:
PROGRAM REGISTRATION IS ONLINE
Questions? pd@oba.org
www.oba.org/pd
300-20 Toronto St. Toronto, ON M5C 2B8 | Toll Free: 1-800-668-8900 | Tel: 416-869-1047 | Fax: 416-642-0424