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David Conklin at The Canadian Institute's Forum on Class Actions Litigation


Area Litigation


Managing Litigation Complexity and Planning Strategy Through Trial
September 28 - 29, 2010
Marriott Bloor Yorkville
Toronto, Ontario

Tuesday September 28, 2010
4:00 pm:  Effective Tactics to Stop or Resolve Class Actions Before Trial

Panelist:  David Conklin, Counsel, Goodmans LLP

This session will cover:

  • Can you trump a class action with effective use of arbitration or exclusive jurisdiction clauses in a consumer contract? Griffin v. Dell Canada Inc. and Seidel v. Telus Communications Inc.
  • Determining the use of mediation in class action proceedings: The hormone receptor class action, the Maple Leaf settlement, and the BC ferries case
  • Practice tips on using mediation to resolve class proceedings:
    • Determining what you want to achieve
    • Planning and timing to maximize chances of success
  • Top considerations and concerns with partial settlements:
    • Determining the impact of Taylor
    • Crafting bar orders and determining ongoing obligations
    • Accessing the treasure chest for funding claims against remaining defendants
    • Gathering evidence from settled parties
  • Stopping a class action in its tracks: Examples of successful discontinuance of class actions and other pre-certification tactics and strategies

For more information, please click here.