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ARTICLE · 19 NOVEMBER 2009

Court Rules Direct Involvement Of U.S. Firm In Canadian Class Action Acceptable

Blake, Cassels & Graydon LLP
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On October 29, 2009, the Ontario Superior Court (the Court) granted Kim Orr Barristers P.C. (Kim Orr) carriage of a class action against Timminco Ltd. (Timminco), a Canadian metals producer listed on the Toronto Stock Exchange, and several co-defendants.

CanadaLitigation, Mediation & Arbitration
Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
Sean Boyle
Sean Boyle
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Copyright 2009, Blake, Cassels & Graydon LLP

Originally published in Blakes Bulletin on Class Actions, November 2009

Introduction

On October 29, 2009, the Ontario Superior Court (the Court) granted Kim Orr Barristers P.C. (Kim Orr) carriage of a class action against Timminco Ltd. (Timminco), a Canadian metals producer listed on the Toronto Stock Exchange, and several co-defendants. Milberg LLP (Milberg), an experienced U.S. class action firm, will provide Kim Orr with various forms of support. In selecting Kim Orr, the Court has thus also approved the direct involvement of a heavy-weight U.S. firm in a Canadian class proceeding. This is a first. It is a development that could have significant consequences for defendants in Canadian class actions and their insurers.

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