Tim Buckley  

Partner

Executive Summary

Tim Buckley practises commercial litigation, including class action proceedings and cases involving a scientific or technology element. He is National Leader of the Class Action Group at Borden Ladner Gervais LLP. Tim defends corporations, municipal governments, utilities and hospitals in class actions, including claims arising from consumer products, telecommunications, pharmaceuticals, medical devices and infrastructure. Many of these actions have multi-jurisdictional issues. He also defends a variety of manufacturers against conventional product liability claims. As well, he acts for users of software for claims arising from failed software development projects.

Prior to attending law school, he obtained a Bachelor of Applied Science and Engineering degree and continues to use this training in defence of technical disputes.

Representative Work

  • Defending manufacturer of pharmaceutical product in class action alleging personal injuries and economic losses caused by undisclosed side effects of drug.
  • Defending manufacturer of domestic cleaning appliances in class action against allegations that design defect causes build-up of mould, mildew and odour.
  • Defending feed manufacturer in a multi-billion dollar class action after international borders closed to exports of Canadian beef and cattle due to an outbreak of disease.
  • Defending municipalities for claims for fatalities, injuries and damages arising from natural gas explosion and claims by residents for failure of infrastructure.
  • Defending claims against hospitals arising from defects in design, manufacture and maintenance of equipment and medical devices, including imaging systems, defibrillators, endoscopy equipment, surgical instrumentation and fixation devices.
  • Defending recreational vehicle manufacturer for claims arising from use of watercraft, snowmobiles and all terrain vehicles.
  • Defending target defendant against a wide range of claims for contamination of concrete placed in office towers, high-rise residences and houses.

Publications & Presentations

  • Co-Author, "Defending Class Actions in Canada," The Litigation Report, Spring 2013.
  • Panel Moderator, “Effective Tactics to Stop or Resolve Claims Early in Today’s Class Action Environment,” The Canadian Institute, September 2012.
  • Panel Moderator, “Evidentiary Standards for Certification: Should There be a Higher Standard,” National Symposium on Class Actions, Osgoode Hall Law School, April 2012.
  • Co-Author, “Class actions in Canada are on the rise,” Canadian Insurance Broker, May 2011.
  • Speaker, “Strengthening Southerly Winds – Class Action Influences from the United States,” BLG Automotive Industry Focus Group Seminar, February 2011.
  • Speaker, “Protecting Healthcare Organizations from Equipment Failure Claims,” Healthcare Insurance Reciprocal of Canada Webinar, February 2011.
  • Panel Moderator, “Strategic Consideration for the Trial of Class Actions,” Ontario Bar Association (OBA) 2010 Class Action Colloquium, December 2010.
  • Author/Speaker, “Recent Developments for Defendants in Product Liability Class Actions, OBA 2009 Class Action Colloquium, December 2009.

Rankings & Recognitions