Lexpert Special Editions

Special Edition on Litigation 2017

The Lexpert Special Editions profiles selected Lexpert-ranked lawyers whose focus is in Corporate, Infrastructure, Energy and Litigation law and relevant practices. It also includes feature articles on legal aspects of Canadian business issues.

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26 LEXPERT | 2017 | WWW.LEXPERT.CA Lally, Michelle Osler, Hoskin & Harcourt LLP (416) 862-5925 mlally@osler.com Ms. Lally is a senior partner in the firm's Competition Law, Trade and Foreign Investment Group and a former Chair of the National Competition Law Section of the Canadian Bar Association. Her practice has a particular emphasis on mergers & acquisitions, competitor collaborations and antitrust investigations. Kryworuk, Peter W. Lerners LLP (519) 640-6317 pkryworuk@lerners.ca Mr. Kryworuk has extensive trial and appellate experience in medical and professional liability, class actions, commercial litigation as well as in personal injury and insurance litigation. He is a certified specialist in civil litigation and a Fellow of the ACTL. Krüger, QC, Josef G. A. Borden Ladner Gervais LLP (403) 232-9563 jkruger@blg.com Mr. Krüger is a partner and member of BLG's Commercial Litigation Group. He has over 37 years of international experience in commercial litigation and insolvency law. Mr. Krüger practises in the areas of bankruptcy and insolvency, commercial litigation and international arbitration. He has been involved in over 400 trials and arbitrations and has extensive experience arguing matters on appeal. Kolers, Eliot N. Stikeman Elliott LLP (416) 869-5637 ekolers@stikeman.com Mr. Kolers is head of the Toronto office's Litigation Group. His practice concentrates on complex corporate commercial, competition, securities and insurance litigation. He has defended class actions involving competition law, securities and privacy issues. He has represented clients in many complex cases, including "real time" litigation matters in relation to contested corporate transactions. Kimmel, Jessica A. Goodmans LLP (416) 597-4219 jkimmel@goodmans.ca Ms. Kimmel's extensive corporate/commercial litigation and arbitration practice includes major securities, competition, professional liability, product liability and restructuring matters, domestic and cross-border class actions and regulatory matters. She is an ACTLFellow. Kierans, Patrick E. Norton Rose Fulbright Canada LLP (416) 216-3904 patrick.kierans@nortonrosefulbright.com Mr. Kierans is an IP litigation lawyer based in Toronto, and the Global Co- Head of Life Sciences and Healthcare for Norton Rose Fulbright. His clients include pharmaceutical and technology companies. LEXPERT-RANKED LAWYERS Manitoba allowed private abortion clinics to re- ceive provincial funding.) In achieving certification for their initial 2001 suit, the representative plaintiffs also won the right to remain unnamed, which is permitted under the class action notification rules in Manitoba, unlike in the rest of the country (with a few exceptions). at consideration was extended to them once again in the 2008 action. "In the circumstances of this case, I find that the failure to identify the two plaintiffs is not im- portant because the court has approved the use of pseudonyms by the plaintiffs, their identities are known to the Government, and they have been examined by counsel for the Government," Justice Schulman wrote in allowing the class action to proceed to the certification stage. e overwhelming norm in Canadian class ac- tion lawsuits is that representative plaintiffs must be identified by name and address, says Monique Jilesen, a partner in the Toronto office of Lenczner Slaght Royce Smith Griffin LLP. e practice of identifying representative plaintiffs emerges out of "THIS IS A HOT ISSUE. THIS IS AN EMERGING ISSUE THAT COINCIDES WITH THE RISE OF WHAT I CALL PRIVACY AND DATA-BREACH CLASS ACTION SUITS. IT HIGHLIGHTS A TENSION IN THE STRUCTURE OF OUR CLASS ACTION PROCEEDINGS LEGISLATION. … ULTIMATELY, THE COURTS ARE GOING TO HAVE TO RESOLVE THIS ISSUE." Christopher Naudie; Osler, Hoskin & Harcourt LLP

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