We are consistently recognized and recommended by our peers. Most recently, Peter Roy and David O’Connor were recognized by Benchmark Litigation as Litigation Stars in Ontario and Sean Grayson was recognized as a rising litigation star.

Our areas of experience include:

• Contract disputes
• Negligence and tort claims
• Estate litigation
• Employment disputes, including executive compensation and indemnities, unpaid overtime, and wrongful dismissal claims
• Fraud claims
• Securities and Investment Advisor and Dealer disputes
• Mining disputes
• Enforcement of sale of goods
• Enforcement proceedings
• Professional Regulation and Negligence
• Injunctions
• Crown Liability
• Competition/Antitrust
• Product Liability
• Arbitrations
• Enforcement of debt obligations
• Real property disputes
• Estate and trust litigation
• Shareholder and partnership disputes
• Libel and slander
• Fiduciary obligations
• Public Inquiries
• Financial and banking litigation
• Debtor/Creditor
• Aboriginal law
• Pension litigation
• CCAA proceedings
• Letters Rotatory/Letters of Request

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Roy O’Connor LLP is among Canada’s leading class action counsel. The lawyers of Roy O’Connor LLP have obtained precedent setting judgments for both plaintiffs and defendants in class proceedings. Peter Roy, David O’Connor, Sean Grayson and Adam Dewar are among the most respected and effective class actions lawyers in Canada. In June 2010, the Canadian Bar Association National magazine recognized us as one of the best class action firms in Canada.

Areas of Practice

The lawyers of Roy O’Connor LLP have acted in a number of Canada’s largest and most complex class action cases in the fields of:

• product liability
• employment related claims including unpaid overtime and misclassification
• securities and market liability claims
• insurance and pension litigation
• charter violations
• public health & medical negligence
• professional negligence

As class counsel, Roy O’Connor LLP’s lawyers have secured judgements and settlements worth over $2.5 billion dollars to class members.

As defense counsel, Roy O’Connor LLP’s lawyers have acted for some of the world’s leading corporate defendants, officers and directors and individuals in cases involving securities and secondary market liability, product liability, mass tort, price fixing conspiracies and environmental class actions. By fully understanding both sides of class proceedings the lawyers of Roy O’Connor LLP are able to give clients valuable insight into class proceedings. By utilizing such experience, Roy O’Connor LLP’s lawyers were part of a counsel team that defeated a secondary market liability claim at the certification stage, which is the only victory of its kind to date.

For further information on our Class Action practice, please contact Peter Roy at plr@royoconnor.ca or David O’Connor at dfo@royoconnor.ca.

Past & Current Plaintiff Cases include:

• Fantl v. Transamerica Life Canada – a class action to recover management fee overcharges on insurance products. In 2009, our team of lawyers negotiated a settlement that saw 100% of the more than $50 million in overcharges paid back to the benefit of the class
• Fulawka v. Bank of Nova Scotia – a class action for unpaid overtime on behalf of front line sales employees certified by the Ontario Superior Court of Justice in 2009
• Fresco v. CIBC – a class action for unpaid overtime on behalf of front line bank workers against CIBC
• McCracken v. CNR – a class action for unpaid overtime on behalf of first-line supervisors against CNR
• McCarthy v. Attorney General of Canada – a class action against the Federal Government on behalf of people infected with Hepatitis C through blood transfusions received in Canada before 1986 or after 1990. In 2006, our lawyers negotiated a settlement worth approximately $1 billion to the class.
• Hislop v. Canada – a constitutional class action for same-sex survivor pensions that resulted in a trial judgment valued at over $50 million

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Peter Roy and David O’Connor left one of Canada’s leading national full-service law firms to form Roy O’Connor LLP, bringing with them decades of complex corporate commercial and securities litigation experience. As plaintiff or defence counsel, Roy O’Connor LLP works with clients to assist them in safeguarding their businesses’ most critical assets: reputation, licence and money.

Practice Areas

Roy O’Connor LLP represents individuals and world industry leaders at all levels of Court and administrative tribunals across Canada in the fields of:

• director and officer liability
• shareholder rights and disputes
• oppression and derivative actions
• securities litigation
• competition litigation
• class action defence
• professional liability & professional discipline cases
• contract disputes

Cross Border Litigation

Roy O’Connor LLP works closely with international litigation counsel in a variety of cross-border and multi-jurisdictional disputes.

Conflicts

Roy O’Connor LLP is ideally positioned to assist other lawyers and law firms in conflict situations and as counsel for a matter outside of their specific area of practice. Client relationships are always respected, and clients will receive the highest levels of service and respect.

Past & Current Cases include:

• Acting on behalf of individuals and companies in arbitration proceedings in respect of various costing agreements
• Claims for indemnities for directors, officers and consultants in respect of various proceedings
• Acting on behalf of independent directors to successfully defeat a secondary market misrepresentation claim
• Acting on behalf of BHP Billiton in respect of the perpetual care of mine tailing in northern Ontario
• Acting on behalf of a investment dealer in proceedings before IIROC
• Defending one of Canada national banks and investment advisors in various matters in respect of suitability of investments
• Acting as counsel to a shareholder/claimant in CCAA proceedings
• City of Waterloo on various complex claims by the City arising out of the financing for RIM Park in Waterloo
• Counsel to BHP Billiton with respect to pension and other litigation
• Counsel to Kinross Gold Corp. and TVX Gold Inc. with respect to significant litigation over the Kassandra Mines in Greece
• Counsel to Rio Algom Ltd. and its Board in the defence of an oppression claim advanced by holders of Rio Algom’s convertible debentures, which involved potential damages of $80 million. We were successful in defending that claim at all levels, including a motion for leave to the Supreme Court of Canada
• Counsel to WMC Resources with respect to litigation arising out of a takeover bid for a public company
• Acting on behalf of financial institutions, brokers, directors and shareholders in numerous regulatory proceedings and lawsuits

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