Practice Areas » Class Actions


Experience – Peter Roy, Douglas Elliott, David O’Connor, Sean M. Grayson and J. Adam Dewar are among the most respected and effective class actions lawyers in Canada. Peter, Douglas and David have been recognized by the National magazine as three of Canada’s leading class action lawyers.


Areas of Practice – REO has acted in a number of Canada’s largest and most complex class action cases in the fields of:

  • product liability
  • securities
  • insurance & pension litigation
  • charter violations
  • public health & medical negligence

As class counsel, REO’s lawyers have secured judgements and settlements worth over $2.5 billion dollars to class members.


As defence counsel REO acts for a number of defendants in cases involving product liability, mass tort, price fixing conspiracy and environmental class actions. Our class action defence clients include BMO Nesbitt Burns and the Toshiba Corporation.


Past & Current Cases include:

  • Fantl v Transamerica Life Canada - a class action to recover management fee overcharges on insurance products. In 2009, REO concluded a settlement that saw 100% of the more than $50 million in overcharges paid back to the benefit of the class
  • Hislop v Canada - a constitutional class action for same-sex survivor pensions that resulted in a trial judgment valued at over $50 million
  • Fulawka v Bank of Nova Scotia – a class action for unpaid overtime on behalf of front line sales employees certified by the Ontario Superior Court of Justice in 2009
  • Fresco v CIBC – a class action for unpaid overtime on behalf of front line bank workers against CIBC
  • McCracken v CNR – a class action for unpaid overtime on behalf of first-line supervisors against CNR
  • McCarthy v Attorney General of Canada - a class action against the Federal Government on behalf of people infected with Hepatitis C through blood transfusions received in Canada before 1986 or after 1990. In 2006, REO negotiated a settlement worth approximately $1 billion to the class.


IN THE NEWS

Supreme Court Denies Banks Leave to Appeal in Overtime Class Actions

On March 21, 2013 the Supreme Court of Canada denied leave to appeal in the cases of Fulawka v. Scotiabank and Fresco v. Canadian Imperial Bank of Commerce. In June of 2012 the Ontario Court of Appeal ruled that both cases should be certified as class actions and allowed to proceed to trial. The decision of the Supreme Court upholds those rulings.
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Court of Appeal Certifies Tax Shelter Case

On March 19, 2013 the Court of Appeal for Ontario allowed the plaintiff’s claim for allegedly inappropriate tax advice in Lipson v Cassels Brock & Blackwell to proceed as a class proceeding.
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REO Wins for Defendants – Securities Claim Defeated

In reasons released on September 14, 2012 the Ontario Superior Court of Justice denied the Plaintiff’s motions for certification and leave to issue a claim for secondary market misrepresentation under the Securities Act. REO acted for a number of the former directors.
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Court of Appeal Certifies Overtime Class Actions against CIBC and Bank of Nova Scotia

In unanimous decisions released on June 26, 2012 the Court of Appeal for Ontario allowed the plaintiffs’ claims for alleged unpaid overtime in Fresco v CIBC and Fulawka v Bank of Nova Scotia to proceed as class proceedings.
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REO recognized as leading class action lawyers

REO is featured in the June issue of National Magazine - the official publication of the Canadian Bar Association
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