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Class Action Updates

April 19, 2017

Settlements have been reached with the defendants in the following actions: Automotive Wire Harness Systems: Leoni AG, Leoni Kabel GmbH, Leoni Wiring Systems, Inc., Leonische…

March 10, 2017

The Ontario court has certified this action for settlement purposes against three additional groups of defendants: The Goldman Sachs Group, Inc., Goldman, Sachs & Co.,…

March 9, 2017

A Settlement Agreement has been reached with COMPANIA SUD AMERICANA DE VAPORES S.A. (“CSAV”). CSAV has agreed to pay CAD $450,000.00 for the benefit of…

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About CFM

We have over 100 years of collective experience representing clients in large complex litigation files often with multi-jurisdictional features. We approach problems with our clients’ long term best interests in mind and craft solutions accordingly. Our results, in both trials and settlements, speak for themselves. Many of the cases we have worked on, including the $1.6 billion dollar hepatitis C pan-Canadian class action, are considered landmark cases in Canadian legal jurisprudence.*

Who we represent

We represent victims or families of victims who have been seriously injured or killed by product malfunctions, including complex products like aircraft, or who have suffered loss or injury due to individual negligence or systems failures.

We also represent people with claims against multinational corporations, whether based in Canada, North America, Europe, Asia or elsewhere.

Since CFM was founded in 2001, our firm has frequently been retained by other lawyers and law firms with clients requiring representation in our areas of practice expertise. We respect and value these referral relationships.

How we work

When clients retain CFM they effectively retain the resources and experience of the entire firm. Every file receives the attention of a seasoned litigator, a junior lawyer, paralegals and, when called for, other experts.

We intentionally take on only a small number of files at a time. This means:

  • we get to know our clients, so we can build cogent cases for them,
  • we talk to our clients frequently, so we remain aware of their current needs and long term goals, and
  • every file is a priority file.

Our team approach to litigation means clients have ready access to the advice and representation they need from lawyers with the knowledge and trial experience relevant to their specific legal issue.

Who we work with

Depending on the requirements of a case, we expand our litigation teams to include experts in specific fields or industries. For example, an aviation accident case may well demand that we consult and work with experts including:

  • aviation engineers
  • economic experts
  • mechanical and forensic engineers
  • medical and rehabilitation experts
  • metallurgists
  • pilots
  • weather experts

Where we work

We represent clients at trial and on appeals in many jurisdictions across Canada, including the Supreme Court of Canada, and we pursue cases jointly with firms outside of Canada.

A selection of landmark cases

Hepatitis C Class Action (Endean v. The Canadian Red Cross Society et al.)

This was the largest class action in Canada at the time that it was certified and then resolved. The case pertains to hepatitis C which infected thousands of Canadians through the blood supply. Over $700 million has been paid out to date.

Canada Pension Plan benefits for same sex survivors

In this case we acted for same-sex survivors who were not provided with the same benefits as opposite sex survivors under the Canada Pension Plan. The case wound its way up to the Supreme Court of Canada and we were ultimately successful in ensuring that same-sex survivors received the same benefits as opposite sex survivors.

Air France Flight 358 – passengers and family members

We acted for the passengers on Air France Flight 358 which crash landed in Toronto in the summer of 2005. In this class action, we ultimately recovered more than $20 million for the passengers – none of whom were fatally injured. Because of the provident nature of the settlements, the class members received almost 90% of the assessed value of their individual claims after the payment of legal fees, expenses, etc.

Air Transat Flight 236 – class action on behalf of passengers and family members

We acted for the passengers on an Air Transat flight from Toronto to Lisbon which ran out of fuel and crash landed in the Azores. In this class action, we recovered approximately $8 million for the passengers none of whom were fatally injured.

Vitamins price fixing class action

In this class action, we acted for Canadian purchasers of vitamins who had overpaid for various vitamin products due to an international price-fixing cartel. We recovered approximately $150 million. As a result, in excess of $25 million was distributed to various charities, research institutions and universities across Canada.

Tabrizi

This was a product liability case where our client was injured while working with a sorting machine. We recovered substantial damages for her and in doing so established some favourable law for future product liability cases.

Forsyth

This product liability case arose as a result of a helicopter accident in which the pilot and co-pilot were seriously injured. We recovered significant damages for them at trial and succeeded in helping further develop product liability law.

Chadwick

This case stemmed from a helicopter accident in which our clients both lost their husbands. One of the issues that cropped up was whether Transport Canada was liable for the failure to properly audit aircraft maintenance engineers. This decision holds that Transport Canada can be found liable and we anticipate that this case will operate as a useful precedent in future cases.

Chernetz

This case stemmed from a helicopter accident in the Maldive Islands where our client lost her husband. The case went through trial and appeal in Alberta as a result of which very substantial damages were awarded to our client.

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