Class Action Defence

Class action and representative action lawsuits are increasingly common in Canadian courts. The staggering damage awards such actions create present a risk that insurers should only trust to professionals with experience in this area.

Dolden Wallace Folick has defended a broad range of commercial insureds and senior management in the context of class actions. Since Dolden Wallace Folick’s practice is confined to the insurance industry, it does not act on behalf of corporate commercial class action claimants and thereby avoids the business and legal conflicts that can often arise.

In class action proceedings a reliable opinion on coverage is a necessity. Dolden Wallace Folick regularly opines on class claims arising from D&O liability and products liability, giving insurers an assessment of the “covered” loss and quantum of damages. Dolden Wallace Folick has also acted as the insurer’s counsel in negotiated resolutions of class actions.

Our firm has experience defending high complexity and value class action lawsuits, including:

  • Currently defending long term care providers in various class actions alleging elderly abuse and negligence for the infection and death of their residents and staff arising from the novel coronavirus (COVID-19) (Ontario);
  • Currently defending the Humboldt Broncos class action;
  • Currently involved in assisting the Canadian Football League and its teams in a head concussion class action;
  • Currently defending a pharmaceutical manufacturer against a $900 mil. class action alleging personal injuries arising from dangerous undisclosed side effects of Zantac (across the provinces);
  • Currently defending a contractor in a class action alleging the negligent installation of balcony glass in three Toronto condominium towers (Ontario);
  • Currently defending a class certification involving a significant apartment building fire loss ($50 mil) alleging the negligence of the landlord (Ontario).
  • Currently providing coverage advice on three class actions
  • Defending a church organization in a class action alleging sexual, physical and verbal abuse;
  • Defending a school organization in a class action alleging sexual, physical and verbal abuse;
  • Defending a new home warranty insurer in a class action regarding construction deficiencies including structural collapse and demolition of a 7-building multi-unit condominium complex (Condominium Corporation No. 031365 v. 970365 Alberta Ltd., 2013 ABQB 471) (Alberta);
  • Defending a food manufacturer and distributor in various class actions stemming from the largest food safety recall in Canadian history (Harrison v. XL Foods Inc., 2014 ABQB 720) (Alberta);
  • Defending a supplier against a $125 m. (USD) claim brought by a pipeline manufacturer seeking recovery of settlement funds paid in an underlying multi-district class action (Ipex Inc. v. AT Plastics Inc.) (Ontario);
  • Defending a mortgage company against a class action by investors in syndicated mortgages seeking rescission of investments (Madryga v. Fortress Real Capital Inc., 2017 ONSC 4792) (Ontario);
  • Defending a managing general agent in a class action alleging fraudulent marketing and sale of universal life insurance policies (Lee v. Transamerica Life Canada, 2017 BCSC 843) (British Columbia);
  • Defending a class certification for debt consolidation firms alleged to have breached provincial consumer protection legislation and the Bankruptcy and Insolvency Act (Pearce v. 4 Pillars Consulting Group Inc., 2019 BCSC 1851) (British Columbia);
  • Defending a variety of cyber liability class actions regarding the unauthorized disclosure of personal information, including the defence of municipalities and non-profit organizations (John Doe 1 v. The University of British Columbia, 2019 BCSC 673) (British Columbia);

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