Since the enactment of the Class Proceedings Act in 1992, Siskinds has been at the forefront of the class action practice. Siskinds was counsel in the first case to be certified on a contested basis in Canada (Bendall v McGhan Medical Corp, [1993] O.J.No. 1948).
Siskinds has pioneered important practice areas that are now established practices – including securities and price-fixing.
Siskinds has been class counsel in many class actions and has recovered billions on behalf of affected persons.
Below is a sample of some of the important cases that Siskinds has been involved with:
- Breast Implants – During the 1990s, Siskinds was counsel in litigation relating to allegedly defective breast implants. The breast implants litigation was the first case to be certified on a contested basis in Ontario and Canada (Bendall v McGhan Medical Corp, [1993] O.J.No. 1948). In total, more than $40 million was recovered on behalf of class members.
- Dabbs v Sun Life Assurance Co of Canada – Class action settlements are subject to court approval. Siskinds was counsel in the precedent setting decision that established the criteria to be considered by a Court in deciding whether to approve a class settlement. This decision has been relied upon by Ontario courts since 1998 in assessing and approving class settlements (Dabbs v Sun Life Assurance Co of Canada, (1998), 40 O.R. (3d) 429 (Gen. Div.)).
- Hydrogen peroxide price-fixing class action – This was the first price-fixing case in Canada certified on behalf of a class that included direct and indirect purchasers (Irving Paper Ltd v Atofina Chemicals Inc, [2009] OJ No 4021 (SCJ), leave to appeal denied 2010 ONSC 2705). The case is in the administration stage.
- SNC Lavalin securities class action – A settlement was reached for $110 million. This is the largest settlement in Canadian history, where there was no accompanying US market misrepresentation case. The case is in the administration stage.
- Vitamins price-fixing class action – Siskinds was counsel in the vitamins class action. This was one of the first price-fixing cases brought in Canada. Siskinds recovered $132 million on behalf of affected persons. At the time, this was one of the largest class action settlements in Canada.
- VW Emissions Scandal – Siskinds was counsel in a class action relating to the VW emissions scandal. $2 billion was recovered on behalf of class members. The case is in the administration stage.
- Walkerton E.coli outbreak – Siskinds was counsel in litigation relating to the 2000 E.coli contamination of the town’s water supply. To date, more than $75 million has been paid to class members.
- XL Foods – Siskinds was counsel in a class action relating to the 2012 recall of XL Foods beef. This was the largest food recall in Canadian history.