Klein Lawyers Class Action Law Firm

Class action litigation is a highly specialised and extremely diverse field of law in Canada, and Klein Lawyers is recognized as one of country’s leading class action firms.  Having served as plaintiffs’ counsel in the first class actions certified in several provinces, including British Columbia, Manitoba, and Newfoundland and Labrador, Klein Lawyers has both the experience and resources to tackle even the largest corporations, and we are a respected national leader in defending the rights of victims of corporate wrongdoing.

David Klein, founder and partner of Klein Lawyers, is one of Canada’s top class action lawyers. Recognized by Lexpert as one of the most frequently recommended lawyers in class action litigation and by Best Lawyers in Canada as leading counsel in class action litigation, David and his team of lawyers have recovered hundreds of millions of dollars for thousands of victims in a wide range of landmark lawsuits addressing a wide range of issues, including:

  • Defective drugs and medical devices
  • Securities misrepresentations
  • Pension and retirement benefits
  • Deceptive marketing
  • Food poisoning outbreaks
  • Institutional negligence
  • Environmental class actions

Our successful plaintiff practice focuses on litigation of class action lawsuits across Canada.

Best Interest of the Class and Excellent Results for Class Members

Judicial Recognition of Klein Lawyers LLP’s Experience

Skill, Diligence, and Experience of Counsel                                                                  

  • “The negotiations were conducted by plaintiffs’ counsel with experience in class proceedings.” Sawatzky v. Société Chirurgicale Instrumentarium Inc., 1999 CanLII 6982 at para. 11
  • “I am satisfied it is apparent from the material, which is complicated, and, I might say very well organized, that it is evidence of the difficulty of the work and the skill and competence of counsel.” Fischer v. Delgratia Mining Corp, [1999] B.C.J. No. 3149 at para. 23
  • “Plaintiff’s counsel are senior members of the bar who have extensive experience in personal injury litigation and class actions…Plaintiff’s counsel were aggressive in the prosecution of the action….I agree with Mr. Klein that this represents a very timely resolution of the litigation.” Knudsen (Guardian of) v. Consolidated Food Brands Inc., 2001 BCSC 1837 at para. 40
  • “Mr. Klein is experienced and able in relation to class proceedings. Over time he has acquired expertise that permits him to make a valuable contribution to the advancement and resolution of class actions.” Killough v. Canadian Red Cross Society, 2001 BCSC 1745 at para. 28
  • “The lead class counsel is experienced and has been recognized by the courts in approving settlements in other class actions. As well, the material in this case was complex and well organized, and is indicative of both the difficulty of the work and skill of counsel” Fakhri v. Alfalfa’s Canada Inc., 2005 BCSC 1123 at para. 23
  • “Counsel for the plaintiffs in the various jurisdictions appear to be experienced in class proceedings, and to be recognized as skilled litigators. Certainly that is the case with the plaintiffs’ British Columbia counsel.” Jeffrey v. Nortel Networks Corp., 2007 BCSC 69 at para. 29
  • “…Plaintiff’s counsel retained the British Columbia law firm of Klein & Lyons to assist in the litigation. That firm has extensive experience with class action lawsuits throughout the country and has been recognized by courts in approving settlements in other class actions.” Rideout v. Health Labrador Corp, 2007 NLTD 150 at para. 156
  • “Klein Lyons is a litigation firm focusing on class actions. The firm is based in Vancouver but also has a Toronto office. It is one of the pioneers and veterans of class action litigation in Canada.” McSherry v. Zimmer GMBH, 2012 ONSC 4113 at para. 21
  • “The proposed Class Counsel have excellent qualifications…” Parker v. Pfizer Canada Inc., 2012 ONSC 3681 at para. 130
  • “Mr. Klein of Klein Lawyers has over 20 years of experience in the field of class action litigation and has appeared as plaintiffs’ counsel in over 25 certified class actions in six provinces. He has written and presented extensively on the topic and has a particular interest in medical products litigation.” Stanway v. Wyeth Canada Inc., 2015 BCSC 983 at para. 39
  • “Class counsel, Klein Lawyers LLP and Kim Orr Barristers P.C., are highly experienced in class action litigation. Both firms have practiced in the specialized area of class action litigation for over 20 years” Merlo v. R, 2017 FC 533 at para. 34

Professionalism, Reputability, and Facilitating Class Proceedings Policy Objectives

  • “British Columbia class counsel took on this case on a contingency basis, and faced a real risk of not being paid at all for their services. It is well recognized that when counsel assume a significant risk of not being paid, they are entitled to fees that exceed what would otherwise be reasonable when they succeed. The real risk of failure, with personal consequences to counsel cannot be ignored.” Jeffrey v. Nortel Networks Corp, 2007 BCSC 69 at para. 73
  • “The litigation risks assumed by Class counsel here were substantial. The fact that no other Canadian law firms filed parallel actions indicated that this matter was seen by other lawyers as being highly complex and unlikely to succeed. Furthermore, Class counsel pursued this litigation to completion on their own rather than with a consortium of counsel from various provinces.” Merlo v. R, 2017 FC 533 at para. 84

Best Interest of the Class and Excellent Results for Class Members

  • “The settlement agreement is supported by the representative plaintiff Bonita Jean Sawatsky. It was negotiated by senior counsel in three jurisdictions who have extensive experience in class actions. The plaintiff’s counsel in each of the Canadian class actions consider the settlement agreement to be fair and in the best interests of the class.” Sawatzky v. Société Chirurgicale Instrumentarium Inc., 1999 CanLII 6982 at para. 17
  • “There is no doubt that this is a very important matter to the class, and the result achieved in the circumstances, to be blunt about it, gives them an opportunity which in all probability would not exist; that is, the probability of some recovery if this matter were not approved.” Fischer v. Delgratia Mining Corp, [1999] B.C.J. No. 3149 at para. 24
  • “The level of compensation that was achieved for class members appears also to be excellent.  The amount represents litigation based recoveries without the expense and risk inherent in litigating the issues.  The compensation levels are substantially higher than the defendant’s initial settlement offer.” Knudsen (Guardian of) v. Consolidated Food Brands Inc., 2001 BCSC 1837 at para. 41
  • “Class counsel has achieved a good result. Class members will receive compensation for their non-pecuniary losses and full compensation for their pecuniary losses. The fee award does not reduce the recoveries on this case.” Fakhri v. Alfalfa’s Canada Inc., 2005 BCSC 1123 at para. 25
  • “Mr. Klein succeeded in persuading the Province to contribute the full amount to a settlement fund for the residents of British Columbia.” Killough v. Canadian Red Cross Society, 2001 BCSC 1745 at para. 20
  • “I acknowledge that competent counsel have been engaged and have been at risk in this class action over an extended period of time, and that the value of the settlement to the class as a whole is significant.” Killough v. The Canadian Red Cross Society, 2007 BCSC 941 at para. 35 (corrigendum)
  • “…Rochon Genova LLP is well qualified to be granted carriage, and it did enough to be awarded carriage. Klein Lyons, however, did more and is in a better position to do more still.” McSherry v. Zimmer GMBH, 2012 ONSC 4113 at para. 151
  • “Class counsel achieved a good result…The claims-based uncapped liability of the Defendants is a very favourable feature of the settlement.” McSherry v. Zimmer GMBH, 2016 ONSC 4606 at para. 49
  • “The proposed settlement has a number of features and benefits that extend beyond a strictly monetary compensation scheme and as a result, the Settlement Agreement goes well beyond what the Plaintiffs may have been awarded after a trial” Merlo v. R, 2017 FC 533 at para. 2

Interaction with Representative Plaintiff and Communication with the Class

  • “Klein Lyons has continuously posted updates about the case on its website during the litigation, and has posted the court decisions so that class members could follow the progress of the case. Klein Lyons has also designated staff to manage member communication. Lawyers in the firm of class counsel have regularly attended a support group of former Woodlands residents called “We Survived Woodlands” and have worked with non-profit groups charged with advocating on behalf of the rights of the disabled, including the British Columbia Coalition of People with Disabilities. To date, there have been no written objections received from class members concerning the settlement.” Richard v. British Columbia, [2010] B.C.J. No. 1363 at para. 20
  • “There is little doubt that the lawyers of the firm expended a great deal of time in prosecuting the action, in negotiating a settlement, and in keeping Class Members apprised of the developments in the litigation including the settlement negotiations.” McSherry v. Zimmer GMBH, 2016 ONSC 4606 at para. 38
  • “…Class counsel undertook an extensive communication plan to advise potential class members of the proposed settlement and to advise them of the date of the settlement approval hearing. The right of class members to object to the settlement and the right to opt out were also detailed in the communication” Merlo v. R, 2017 FC 533 at para. 12

Call Klein Lawyers at (604) 874-7171.