Profile

Mirilyn has an active class action practice and has been litigating class actions since the legislation was first introduced in the early 90's. She has litigated and continues to litigate numerous class actions in Ontario and Saskatchewan, and has provided assistance to our clients in class actions commenced in British Columbia, Quebec, and Alberta.

Mirilyn has defended large multi national health care providers and pharmaceutical companies, as well as insurers in a wide variety of class actions including class actions claiming damages arising from silicone gel breast implants, the Hepatitis B vaccine, Temporomandibular joint (TMJ) implants, auto insurance deductibles, the August 2003 regional blackout, the Sunrise Propane explosion, collagen based wrinkle creams, and ruined vacations.

Mirilyn has argued class action cases at the trial level in Ontario and Saskatchewan and has argued class action appeals in Ontario, Saskatchewan, and the Federal Court of Canada. She has also been involved in a number of class action Leave applications to the Supreme Court of Canada. Mirilyn has also been involved in reaching class wide settlements on behalf of our clients in various jurisdictions including Ontario, Quebec, and British Columbia.

Included in the list of class action lawsuits handled by Mirilyn are the following:

• the defence of a multinational pharmaceutical company in various class action lawsuits concerning the manufacture of breast implants, including lawsuits commenced in Ontario, Quebec, and British Columbia;
• the defence of a multinational pharmaceutical company in a class action lawsuit concerning the manufacture of temporomandibular joint (TMJ) implants;
• the defence of a multinational pharmaceutical company added as a Third Party by the Government of Canada in various class action lawsuits concerning the Federal Government’s role in the distribution of breast implants, including lawsuits commenced in Ontario, Quebec, Saskatchewan, and British Columbia;
• the defence of a multinational pharmaceutical company in a class action lawsuit concerning the manufacture of a hepatitis B vaccine and its alleged cause of autism;
• the defence of an insurance company in various class action lawsuits concerning the application of deductibles to total loss situations in motor vehicle insurance policies, including lawsuits commenced in Ontario, Alberta, and British Columbia;
• the defence of an insurance company in various class action lawsuits concerning a water shortage in Cuba and the alleged resulting damage suffered by travelers, including lawsuits commenced in Ontario, Quebec, and Saskatchewan;
• the defence of an insurance company in a class action lawsuit concerning the August 2003 Ontario wide Blackout and losses allegedly suffered by policy holders as a result of the loss of power;
• the defence of an insurance company in a class action lawsuit concerning financial services advice given by a company and its alleged damage to various investors who relied upon the advice to their detriment, including lawsuits commenced in Ontario, Quebec, Saskatchewan and British Columbia;
• the defence of a propane company in a class action arising from an explosion that is alleged to have forced 12,000 people from their homes;
• the defence of a distributor of collagen based wrinkle creams in class actions brought in Ontario and British Columbia;

Mirilyn's practice also includes the defence of a number of commercial litigation matters, as well as the provision of coverage advice including coverage under All Risk policies of insurance, as well as E and O policies, including numerous files involving LawPRO and allegedly fraudulent real estate transactions, and numerous files involving the financial services industry.

Mirilyn's practice has taken her to various levels of Court, including the Ontario Court, General Division, the Saskatchewan Queens Bench, the Quebec Superior Court, the Ontario Court of Appeal, the Saskatchewan Court of Appeal, the Federal Court of Canada, and to the Supreme Court of Canada on several Applications for Leave to Appeal.