Class Action litigation
Investigation Counsel P.C. has extensive experience in prosecuting class actions on behalf of consumers, investors, pensioners, and other groups of individuals whose rights deserve protection.
A class action is a procedural vehicle established by provincial legislation that allows one representative to sue on behalf of a group to obtain compensation for loss caused by a defendant’s misconduct.
Aggrieved individuals often assume there is nothing that can be done when they cannot afford to hire a lawyer to pursue their loss. Class actions play an important role in Canada’s civil justice system by leveling the playing field with large corporations and governments, providing access to justice for those who would otherwise be unable to bring cases on their own.
By participating in a class action, individuals can collectively achieve a settlement or judgment that results in fair compensation for them and benefits the public at large by deterring and preventing the defendant’s misconduct.
Investigation Counsel has acted in class actions seeking redress and accountability for a wide-range of defendant misconduct, including unfair and deceptive business practices, invasions of privacy and unauthorized collection of personal data, illegal or excessive charges, and misleading investor disclosures.
For more information on our class action expertise, please contact John Archibald at jarchibald@18.220.76.185.
CIBC Closet Indexing Class Action
Investigation Counsel P.C. and Paul Bates, Barrister (collectively, “Class Counsel”) have filed a class action in Vancouver, British Columbia against Canadian Imperial Bank of Commerce (“CIBC”) and CIBC Trust Corporation (“CIBC Trust”) regarding the CIBC Canadian Equity Fund (the “Equity Fund”), the Renaissance Canadian Growth Fund (the “Growth Fund”), the Renaissance Canadian Core Value Fund (the “Value Fund”), and the following CIBC Portfolio Funds:
- CIBC Managed Aggressive Growth Portfolio
- CIBC Managed Growth Portfolio
- CIBC Managed Balanced Growth Portfolio
- CIBC Managed Balanced Portfolio
- CIBC Smart Income Solution
- CIBC Smart Balanced Income Solution
- CIBC Smart Balanced Solution
- CIBC Smart Balanced Growth Solution
- CIBC Smart Growth Solution
Desjardins Closet Indexing Class Action
Investigation Counsel P.C. and Paul Bates, Barrister (collectively, “Class Counsel”) have filed a class action in Vancouver, British Columbia against Fédération des Caisses Desjardins du Québec, Desjardins Trust inc. and Desjardins Investments inc. regarding the Desjardins Canadian Equity Fund and the Desjardins Canadian Equity Growth Fund (the “Desjardins Funds”).
The plaintiff alleges that assets of the Desjardins Funds, and Desjardins portfolio funds which held it, have been depleted by excessive fees that the defendants have paid to themselves as trustee and manager of those funds. The fees were excessive because the defendants used an investment strategy based on “closet indexing”, which closely tracks or replicates the fund’s benchmark index, the S&P/TSX Capped Composite Index. The plaintiff alleges that, as a result of that strategy and the excessive fees charged by the defendants, there was a substantial risk of after-fee underperformance, which in fact materialized over the class period resulting in substantial losses to investors. Both the defendants’ closet indexing strategy, and the Desjardins Funds’ substantial risk of after-fee underperformance, were never disclosed to investors.
This action was filed on behalf of all persons, wherever they reside or are domiciled, who held directly, or indirectly (through their ownership of Desjardins “portfolio” funds) units of the Desjardins Funds at any time from January 17, 2005 to present. The Desjardins portfolio funds that held the impugned Desjardins Funds during the class period included the following:
(i) Melodia Moderate Growth Portfolio (ii) Melodia Diversified Growth Portfolio (iii) Melodia Balanced Growth Portfolio (iv) Melodia Aggressive Growth Portfolio (v) Melodia Maximum Growth Portfolio (vi) Melodia Very Conservative Income Portfolio (vii) Melodia Conservative Income Portfolio (viii) Melodia Moderate Income Portfolio (ix) Melodia Diversified Income Portfolio (x) Chorus II Conservative Portfolio (xi) Chorus II Balanced Income Portfolio (xii) Chorus II Balanced Growth Portfolio (xiii) Chorus II Growth Portfolio (xiv) Chorus II High Growth Portfolio (xv) Chorus II Dynamic Growth Portfolio (xvi) Chorus II Aggressive Growth Portfolio (xvii) Chorus II Maximum Growth Portfolio
The class action alleges that the excessive fees paid to the Desjardins defendants over many years has significantly reduced the returns of investors and that investors are entitled to damages including restitution of excessive management fees.
Google Photos Class Action
Investigation Counsel P.C. are the lawyers for the plaintiffs in two class actions against Google LLC which have been filed in Quebec (on behalf of Quebec residents) and in British Columbia (on behalf of all other Canadians).
These cases arise from Google’s alleged extraction, collection and retention of facial biometric data, without consent, from all individuals who appeared in photos uploaded to the Google Photos platform at any time since October 28, 2015. The class action seeks compensation for violations of these Canadians’ privacy rights and provincial consumer protection legislation.
The Quebec class action has been authorized has been authorized and will move to the discovery phase of litigation. A certification hearing in the British Columbia class action is scheduled for September 2025.
HSBC Closet Indexing Class Action
Investigation Counsel P.C. and Paul Bates, Barrister (collectively, “Class Counsel”) have filed a class action in Vancouver, British Columbia against HSBC Global Asset Management (Canada) Limited (“HSBC GAM”) and HSBC Investment Funds (Canada) Inc. (“HSBC IS”) regarding the HSBC Equity Fund (the “Equity Fund”).
This action was filed on behalf of all persons, wherever they reside or are domiciled, who hold or held directly, or indirectly (via HSBC “portfolio” or “fund of funds” products”), units of the Equity Fund at any time from June 1, 2005 to present.
The plaintiff alleges that assets of the Equity Fund, and the assets of other mutual funds known as HSBC “World Selection” funds, which held the Equity Fund, have been depleted by excessive fees that HSBC GAM (and HSBC IS prior to December 2010) as trustee of those funds paid to itself as manager of the Equity Fund.
RBC Closet Indexing Class Action
Investigation Counsel P.C. and Paul Bates, Barrister (collectively, “Class Counsel”) have filed a class action in Vancouver, British Columbia against RBC Global Asset Management Inc. (“RBC GAM”) and The Royal Trust Company (“Royal Trust”) regarding RBC Canadian Equity Fund (Fund Code: RBF269) (the “Canadian Equity Fund”).
This action was filed on behalf of all persons, wherever they reside or are domiciled, who hold or held directly, or indirectly (via RBC “portfolio” or “fund of funds” products”), units of the Canadian Equity Fund at any time from June 1, 2005 to present.
The plaintiffs allege that assets of the Canadian Equity Fund, and the assets of other mutual funds known as RBC Portfolio Funds holding the Canadian Equity Fund, have been depleted by excessive fees paid to the fund manager, RBC GAM, by the trustee of the Canadian Equity Fund and Portfolio Funds