Jeremy Martin is a lawyer in the Litigation Group. His practice specializes in class actions and product liability, with a particular focus on claims concerning drug and medical devices, cannabis regulation and data breach. He has appeared as lead counsel before all levels of court in Ontario.
Jeremy’s advice is often sought on novel or complex legal issues, or where a dispute requires an ‘outside the box’ solution. A significant part of his practice consists of managing recalls or other developing situations to minimize the risk of a class action or other litigation, ensuring that they either resolve or come into court on the best possible terms.
A six-time co-author of Ontario’s leading publication on developments in civil procedure and a frequent contributor to the literature on class actions, Jeremy currently sits on the executive of the Ontario Bar Association’s Class Action Section. During his tenure, Jeremy has held the pen for the OBA as it advised on such public policy matters as:
- The Law Commission of Ontario’s seminal report, Class Actions: Objectives, Experiences and Reforms;
- The Ministry of the Attorney General’s proposal to amend the Class Proceedings Act;
- The Ontario Government’s repeal and replacement of the Proceedings Against the Crown Act; and
- Various amendments to Ontario practice directions and the Rules of Civil Procedure.
Jeremy’s professional experience includes:
- Defending pharmaceutical, automotive, consumer protection and construction product class proceedings
- Facilitating the resolution of residential schools class actions
- Representing defendants in disaster and mass casualty/mass tort class actions
- Defending personal injury claims alleging product defects
- Managing cross-border and international recalls of dangerous devices
- Proactively resolving potential labeling liabilities at retail for manufacturers
- Advising clients on cannabis advertising, labelling and manufacturing
- Advising clients on employee theft of personal and corporate data
- Advising clients on access to information disclosures and disputes
- Managing unusual, unique or unprecedented legal matters
- Resolving sensitive and/or personal matters creatively, confidentially and conclusively
In addition to acting for his own clients, Jeremy is a frequent duty counsel volunteer for Pro Bono Ontario and has acted as a mentor to dozens of lawyers and law students across Canada.
• Atlantic Lottery Corporation Inc.-Société des loteries de l’Atlantique v. Babstock, 2018 NLCA 71 (Certification appeal): Adopted by the Newfoundland Court of Appeal as a leading authority on the doctrine of “waiver of tort” as pleaded in class proceedings. This decision is currently before the Supreme Court of Canada.
- CTS of Canada, Limited v. Wood et al., (2018) Docket No. M48994 (C64519) (Ont. C.A.): Successfully blocked a coalition of public interest groups adverse to a client from intervening in a class action before the Ontario Court of Appeal, and successfully resisted leave to appeal the underlying decision to the Supreme Court of Canada.
- R. v. Smith, 2018 ONSC 1614: Successfully appealed orders in a criminal proceeding that threatened to destroy key evidence for creditors seeking to recover from the operators of a nine-figure international pyramid scheme.
- Burk Steel, Inc. v. Steelcon Group Ltd., 2015 ONSC 2637 (Div. Ct.): After winning the case on summary judgment, secured and personally executed a rare search and seizure order to ensure actual recovery against a judgment creditor, successfully defending the order on appeal.
- Anderson v. Canada (Attorney General), Case file no. 2007 01T4955 CP et al. (Nfld. T.D.): Secured an unconditional discontinuance of Newfoundland’s third-party claim against a religious order in a $500 million residential schools class action.
- Sterling Tile & Carpet v. Sierra Building Group et al., Case file no. SC-12-92836-0000 (2015): Obtained judgment in full as lead counsel on a three-day trial in respect of a development dispute.
- McEwing v. Canada (Attorney General), 2013 FC 525 (the ‘Robocalls case’): Acted for seven Members of Parliament and prevented their elections from being overturned on the basis of misleading directions having been communicated to voters.
- D. McKay, P. Henein and J.M. Martin, “Annual Survey of Developments in Civil Procedure”, in Watson and McGowan et al., Ontario Civil Practice (Toronto: Carswell and Thompson Reuters, 2012 to 2018)
- J.M. Martin, “Waiver of Tort: An Historical and Practical Survey” (2012) 52:3 C.B.L.J. 473 (Special Supplement)
- J. Phillips and J.M. Martin, “Manitoba Fisheries v. The Queen: The Origins of Canada’s De Facto Expropriation Doctrine”, in Tucker et al., eds., Property on Trial: Canadian Cases in Context (Toronto: Irwin Law, 2012) at 259
- G.M. Zakaib and J.M. Martin, “International Class Actions in the Canadian Context: Standing, Funding, Enforceability and Trial”, (2012) 79 Def. Counsel J. 296
- J.M. Martin, “Sui Generis: Common Law Solutions to Constitutional Problems in Multijurisdictional Class Proceedings”, (2012) 69 U.T. Fac. L. Rev. 1
- G.M. Zakaib and J.M. Martin, “Recent Developments in Product Liability Class Proceedings”, 2010 OBA Class Action Colloquium (Toronto: Ontario Bar Association)
- Canadian Bar Association
- Ontario Bar Association (Secretary, Class Action Section Executive)
- Advocates' Society
- Osgoode Society for Canadian Legal History
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