78: Class Actions Law (Sakina Babwani) - October 26, 2022

This week, we’re exploring the high-stakes world of class actions litigation with our guest, Sakina Babwani!

Topics: duty of care for gun manufacturers, compensable damages for data breaches, the threshold for pleading common issues; and our Ask-Me-Anything segment.

Full Episode (51:07) Download      Transcript

⚫ How might the Danforth shooting inform the duty of care of gun manufacturers? (7:53)
⚫ How do courts consider the degree of compensable damages in cases involving data breaches? (17:24)
⚫ How much specificity must plaintiffs provide in their allegations of a class actions matter? (26:02)
⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (34:37)
🔵 Other than the obvious, what are some ways in which a class action lawsuit differs from a “regular” lawsuit? (35:15)
🔵 Given the high expense, what role does third-party litigation funding play in the class actions landscape? (39:16)
🔵 Are there any class action lawsuits that are being advanced towards Canadian businesses for their failure to prevent the spread of COVID-19? (43:39)
🔵 Have there been any noticeable trends in terms of the numbers/types of class actions matters that have gone through the courts? (44:46)

1. Danforth Shooting Aftermath: Duty of Care for Gun Manufacturers (12:19) Download

Price v. Smith & Wesson Corp., 2021 ONSC 1114

2. Compensable Damages for Data Breaches (11:34) Download

Setoguchi v Uber B.V., 2021 ABQB 18

3. Pleading Common Issues and the Certification Threshold  (11:32) Download

Jensen v. Samsung Electronics Co. Ltd., 2021 FC 1185

4. Ask-Me-Anything: Class Actions Law (16:20) Download

🔵 Other than the obvious, what are some ways in which a class action lawsuit differs from a “regular” lawsuit?
🔵 Given the high expense, what role does third-party litigation funding play in the class actions landscape?
🔵 Are there any class action lawsuits that are being advanced towards Canadian businesses for their failure to prevent the spread of COVID-19?
🔵 Have there been any noticeable trends in terms of the numbers/types of class actions matters that have gone through the courts?


About the Guest:

Sakina Babwani is an associate with Bennett Jones LLP where she maintains a litigation practice focused on complex commercial disputes, including class actions, international arbitrations, professional regulatory matters and privacy law. In her class actions practice, Sakina defends clients in complex matters relating to product liability and antitrust laws across a range of industries. Sakina assists clients with all aspects of a class action – from defending a certification motion to negotiating and implementing complex settlements. She also has experience in resisting the addition of clients to existing class actions.

Sakina is a strategic litigator with extensive courtroom experience; she has represented clients at all levels of court in Ontario, including the Court of Appeal. She has also acted for clients in several mediations and has successfully negotiated complex settlements.

Actively involved with the Ontario Bar Association, Sakina represents the Toronto region on the OBA Council for 2022-23. She also sits on the OBA’s Policy and Public Affairs Committee.

Sakina is the national lead of the Ontario Legal Professionals Alliance, a community-based organization, designed to improve access to justice within the community. Additionally, Sakina takes a keen interest in student development, frequently volunteering to judge moot competitions at law schools, mentoring law students and new immigrants to Canada.

Prior to becoming a lawyer, Sakina was a business journalist with India’s largest business daily, The Economic Times. She has authored over 150 articles with a special focus on law and finance.
In addition to being called to the Bar of Ontario, Sakina is also called to the Bar of India and holds an LL.M. with specialization in business law from UC Berkeley School of Law.

Sakina’s Full Bio
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