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CCCA_V7No4_ClassAction-FIN_CCCA 13-11-25 12:37 PM Page 20 Feature “The U.S. is getting more restrictive on class action at every level.” Silvie Rodrigue Managing Partner Torys LLP Montreal “The [cross-border] playbook is becoming infinitely more to decide what buttons to push at what time and on what side complex because of the co-ordination and sophistication of of the border,” he says. plaintiffs on both sides of the border and also because of the In 2011, in the British Columbia Supreme Court, Branch heightened regulatory environment that all businesses operate in MacMaster and Camp Fiorante Matthews filed a proposed right now,” says Christopher Naudie, a partner with Osler, national class action against Visa and Mastercard and 10 major Hoskin & Harcourt LLP in Toronto and co-chair of the firm’s banks in Canada and the U.S. alleging a multi-billion dollar national class action specialty group. For in-house counsel, he price-fixing conspiracy related to fees paid by merchants on adds, “the demands on co-ordination have certainly increased.” credit card transactions. At present, a consortium of lawyers have commenced proposed class actions in five provinces, with a deci- An integrated approach sion on a certification application heard in the B.C. Supreme Ward Branch, a founding partner of Vancouver-based Branch Court last spring under reserve. MacMaster LLP and author of Class Actions in Canada, estimates Significantly, Branch says his firm is working with lawyers at least 30-40 per cent of class actions, notably securities, com- from Robins, Kaplan, Miller and Ciresi, one of two American petition and product liability, have a cross-border component. firms appointed to represent U.S. plaintiffs in a proposed $7.5- “The trend we are seeing is Canadian firms starting their liti- billion (US) class action settlement reached last year (but under gation sooner so they can work together with U.S. counsel co- challenge in the courts by retailers opposed to the deal). ALENA GEDEONOVA operatively to advance the case and work together strategically “They have a lot of information and intelligence they can 20 CCCA Canadian Corporate Counsel Association WINTER 2013