- Class Actions
- Competition, Antitrust & Foreign Investment
- Product Liability
- Hospitality & Tourism
- Life Sciences
|University ||York University, B.A., 1978|
|Law School||McGill University, LL.B., 1981|
Glenn Zakaib is a partner in the Advocacy Department and the Product Liability and Class Action Specialty Practice Groups at Cassels Brock. The main focus of his practice is on product liability (e.g., drug and medical devices, automotive and aviation products, and electrical equipment and home appliances), as well as class proceedings (e.g., product liability, life insurance and misrepresentation claims and Competition Act claims). He has been involved in numerous precedent-setting cases.
A few of Glenn's notable cases in these areas include:
· Successfully responding to a class action certification motion against a manufacturing client. This case is one of the few product liability cases not to be certified as a class action. It also was one of the first cases to interpret and apply recent Supreme Court decisions in a product liability context.
· Acting on behalf of a number of Insurance companies to resolve proposed class proceedings dealing with vanishing premium life insurance in Ontario.
· Working on a case that resulted in a precedent setting decision that has major implications for the management of class actions that started in different locations. He acted for a pharmaceutical client to persuade the court that actions involving plaintiffs and defendants located in different regions should be heard in one location, not necessarily in the location where the matter was first brought before a judge.
· Acting for an automobile manufacturing client in the defence of an alleged product liability claim where evidence relating to the alleged defect was shown to have been lost through the negligence of the engineer retained by one of the parties to the action. We were successful in obtaining sanctions against the party involved in the loss of the evidence and this case is often cited when issues of spoliation of evidence and appropriate remedies are being considered by the court.
· Acting for a party in relation to a class proceeding where efforts were made to have a settlement approved in the United States applied in Canada. This case has become one of the standards in addressing the factors to be examined in relation to application of principles of international comity in cross-border class action cases.
Glenn speaks regularly to professional and industry groups about legal issues that pertain to product litigation and class proceedings. He has delivered speeches to MEDEC and Osgoode Hall Professional Development Program, Quebec Bar Association, as well as the Canadian Institute, the Insurance Institute of Ontario and the Practicing Law Institute. Glenn is a member of the Defence Research Institute (DRI) Product Liability Committee, Drug and Medical Device Committee, and International Committee, and is recognized as a leading lawyer in his field by the Canadian Legal Lexpert Directory, Chambers Global and Best Lawyers. He is also a fellow of the Litigation Counsel of America, an invitation-only honorary trial lawyer society.
Glenn is immediate past Chair of the DRI International Committee. Appointment to the prestigious position of Chair of this association of civil defence lawyers recognized Glenn Zakaib's ability and accomplishment in the area of International Law. DRI's International Law Committee's mission is to develop a global network of lawyers focused on the international and multi-national aspects of the practice of civil defence litigation. The International Law Committee brings together international clients and in-house and outside counsel who represent them, as well as US multi-national companies and their inside and outside counsel. Glenn is also Canadian Regional Director with DRI and Chair of the International SLG with the Product Liability Committee for the DRI.
Glenn joined Cassels Brock in 1987, and in 1993 he served as the firm's Managing Partner. Glenn describes his approach to law as "client goal oriented." He believes strongly in the firm's network of expertise and the ability to serve the clients' best interests.
· Chair of the International Law Committee of the Defense Research Institute
· Martindale-Hubbell, AV Preeminent™ rating
· Chambers Global 2006-2013 (Dispute Resolution: Class Action, Dispute Resolution: Ontario)
· Canadian Legal Lexpert Directory 2004-2013 (Litigation - Product Liability; Class Actions)
· The Best Lawyers in Canada 2006-2014 (Class Action Litigation; Product Liability Law)
· Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada 2008-2013 (Product Liability)
· Lexpert Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada 2011-2012 (Litigation - Product Liability)
· Who's Who Legal: Canada 2010-2013 (Life Sciences and Product Liability)
· The Advocates' Society
· Canadian Bar Association
· Canadian Defence Lawyers
· Defense Research Institute (Canadian Regional Director, Chair of the International SLG of the Products Liability Committee, Immediate past Chair of DRI International Committee, Board Liaison to the DRI International Committee)
· Litigation Counsel of America (fellow)
· Ontario Bar Association (Insurance and Civil Litigation Sections; member and on the executive of the Class Action Committee)
· Toronto Lawyers Association
Publications, Newsletters and Articles
A Week to Remember in Prague (For the Defense Magazine), August 2013
The Canada Consumer Product Safety Act: A New Regime of Consumer Product Oversight Throughout the Supply Chain
Conferences, Speaking Engagements, Events
Peter Henein and Glenn Zakaib Discuss "Emerging Issues in Product Liability in Latin America"
Analysis of Health Canada's Requirements in Numerous Areas including the New Health Protection Act
Documents by this lawyer on Martindale.com
Judge Awards Aggregate Damages in Class Action
Glenn M. Zakaib, July 17, 2014
In a decision released on June 24, 2014, the Honourable Mr. Justice Belobaba of the Ontario Superior Court of Justice set forth a rationale for determining when aggregate damages can be assessed in a class action claim in Ontario.
Opting Out Does Not Mean “Wait and See”
Emily Larose,Derek Ronde,Glenn M. Zakaib, April 29, 2014
A recent motion decision out of the Ontario Superior Court of Justice confirms that once a class member has opted out of a class, there are very limited opportunities for that class member to opt back in.
Supreme Court Gives Green Light for Indirect Purchaser Price Fixing Class Actions
Imran Ahmad,Chris Hersh,Derek Ronde,Glenn M. Zakaib, November 6, 2013
In a trilogy of decisions issued yesterday, the Supreme Court of Canada (the “SCC”) found that class actions can be brought on behalf of indirect purchasers in price fixing cases. These decisions provide much-needed clarity regarding the certification threshold in class actions claiming...
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