12:15 p.m. - 1:45 p.m.: Lunch – Keynote – The artificial intelligence revolution
1:45 p.m. - 2:40 p.m.: ESG (Environmental, Social and Governance) class actions: A new wave ahead?
Increased community involvement around ESG issues, along with a growing number of mandatory reporting requirements for certain types of public companies, have increased the likelihood of ESG-related litigation. This panel will provide an overview of class actions filed in several jurisdictions around the world, as well as an analysis of the current and anticipated situation in Québec and Canada in regards to environmental matters, including greenwashing, and securities, labour, diversity, health and safety issues.
Moderator
- Josée Cavalancia, Æquo Shareholder Engagement Services and INF LLP, Montréal, QC
Panel
- Julie Girard, Davies Ward Phillips & Vineberg, Montréal, QC
- Gerald L. Maatman, Duane Morris LLP, Chicago, U.S.
- Céline Barnwell, Pogust Goodhead, London, U.K.
2:50 p.m. - 3 p.m.: Break
3 p.m. - 4 p.m.: Recent developments in multi-jurisdictional class actions
National class actions are an integral part of the Canadian legal landscape, and have given rise to a wealth of case law. Whether suspending or settling a class action, our courts have endorsed – or rejected – this type of action for many practical reasons, including economy and the principle of judicial comity.
As nationwide class actions make their way to trial for the first time, important substantive law concerns arise. For example, does the filing of a class action in a given province on behalf of non-residents suspend the statute of limitations on their actions in opt-out jurisdictions? How will a judge in a given jurisdiction assess the differences between provincial legal systems? Is the Québec legal system compatible with the concept of national class actions, or does it require a special approach?
These are just a few of the questions that will be addressed in this lively debate on national class actions.
Moderator
- Sylvain Lussier, judge, Superior Court of Québec, Montréal, QC
Panel
- Maxime Nasr, Belleau Lapointe, Montréal, QC
- Emmanuelle Rolland, Audren Rolland, Montréal, QC
- Michelle Segal, Camp Fiorante Matthews Mogerman, Vancouver, BC
4 p.m. - 5 p.m.: The right representative plaintiff – who is that really?
How can we assess the quality of a representative plaintiff? To what extent must they be personally committed to the successful outcome of the class action? In addition to the absence of conflict of interest and a personal cause of action, what are the prerequisites and inherent qualities that the court is entitled to expect from a representative plaintiff? Our panellists will address all of that and more.
Moderator
- Yves Martineau, Stikeman Elliott, Montréal, QC
Panel
- Laurence Bich-Carrière, Lavery, Montréal, QC
- David Bourgoin, BGA Avocats, Québec, QC
- Jean Samoisette (representative plaintiff in Samoisette c. IBM Canada ltée)
5 p.m.: Closing of the conference