Class Action

 

Settled Class Actions

Salvage Deductible Class Actions: Security National, Primmum, Coseco and TD General Insurance.

Charney Lawyers represented four insurance companies who were defendants in a series of national class actions to recover hundreds of millions of dollars in automobile insurance deductibles. The certification hearing involved over 25 class actions and is considered to be the longest in Canadian history. Our firm argued a number of precedent setting motions and were successful in having all four class actions dismissed with substantial indemnity costs.

 

 

Yordanes v. Bank of Nova Scotia

In 2001, the economy in Argentina collapsed, causing Scotia Bank Quilmes (“Quilmes”), a subsidiary of the Bank of Nova Scotia, to file for bankruptcy. Charney Lawyers was retained by a number of Argentine bondholders who had purchased bonds issued by Quilmes. Charney commenced an international securities class action lawsuit against Scotia Bank in Toronto to recover approximately 150 million U.S. owed by Scotia Bank Quilmes to the bondholders. The lawsuit was ultimately resolved in 2006*.

The bondholders recovered fifty cents on the dollar through a distribution made by Scotia Bank in parallel bankruptcy proceedings in Argentina. Largest percentage recovery from a bankrupt issuer in Argentine history.

 

 

Maple Leaf Foods Class Action

Charney Lawyers, together with Sutts, Strosberg LLP, filed a national class action against Maple Leaf Foods to recover damages on behalf of consumers who purchased or ate Maple Leaf Food Products which were contaminated with listeria. Within six months, the class actions were settled for 27 million, considered to be the largest food contamination settlement in Canadian history. A number of arbitrations must be decided before the settlement funds can be distributed.

 

 

Menu Foods Class Action

In 2008, thousands of pets from across North America became ill or died as a result of consuming pet food manufactured by Menu Foods Inc. Charney Lawyers was contacted by over a thousand pet owners and commenced three national class actions. Charney Lawyers was the only law firm in Canada to commence class actions against national retailers and brand name distributors including Loblaws Inc., Sobeys Inc., Walmart, Pet Smart, The Iams Company and Nutro Products. The lawsuits were ultimately settled for 27 million U.S. and received court approval. Distribution of the settlement proceeds have been delayed because two pet owners in the United States appealed the decision.

Charney... is unquestionably qualified to act as counsel.”

 

           Ison T Auto Sales v. Zurich Insurance [2011]

           [Ontario Court of Appeal, November 25, 2011]

(Ted Charney acted for Ison T Auto Sales Operating as Toronto Honda)

 

 

“The Whiting Group Counsel Team consists of 11 law firms from 7 provinces across Canada and includes some of the most experienced class action firms in Canada with a broad range of experience in class actions with particular expertise in product liability class actions and personal injury. Four of these law firms are in Ontario where the action will be based and includes counsel who are very experienced in class action litigation and have the resources and experience to advance this claim in Ontario or on a national scale. This fact favours the Whiting Group.”

Whiting et al v. Menu Foods Income Fund [2007]

(Charney Lawyers was a member of the Whiting Group and appeared as counsel on the motion to decide carriage)

 

“The Settlement Agreement in the case at bar has undergone the court's scrutiny, and it appears to me that in entering into the Settlement Agreement and in seeking certification on consent for settlement purposes, the plaintiffs and the defendants, with the assistance of their legal counsel, have provided the social good of access to justice and adequate compensation in accordance with Canadian law for perhaps thousands of citizens who may have been harmed by the Listeriosis outbreak and who decide not to opt-out of the settlement, which remains the individual choice of class members.”

Bilodeau v. Maple Leaf Foods Inc. [2009]

(Charney Lawyers represented Ms. Bilodeau for this class action)

 

“Although I am not formally required to approve it, I believe it is relevant that, when the risks and expenses of continuing the litigation are considered, the settlement appears to fall well within a zone of reasonableness.”

   Yordanes v The Bank of Nova Scotia, December 2006 (Charney Lawyers were counsel for Yordanes)