Randy C. Sutton
Randy Sutton practises in the area of dispute resolution. He represents international and domestic clients in court and administrative proceedings, mediations and arbitrations and has appeared in the provincial and federal courts throughout Canada.
Mr. Sutton has acted extensively for clients in a variety of business sectors, providing advice on commercial, contract, tort, insurance, construction, defamation, intellectual property, franchise, insolvency and restructuring matters. He also provides ongoing risk management and insurance coverage advice to clients. Mr. Sutton is often involved in disputes with cross-border implications, including cross-border insolvency proceedings and class actions. Many of these matters involve co-ordinating claims in multiple jurisdictions both in Canada and abroad. He has developed specific expertise in the area of class action litigation.
Mr. Sutton is a member of both the British Columbia and Ontario bars, and practises in both jurisdictions. He is Co-Chair of our national class actions team and is also the partner responsible for professional liability matters in Ontario.
Year of call
British Columbia 1998
J.D., University of British Columbia, 1997
B.Admin., Simon Fraser University, 1994
Selected client work
The following are examples of the litigation matters that Mr. Sutton has been involved in:
- Representing a defendant in proposed product liability class actions in Ontario, Saskatchewan and British Columbia relating to an anti-depressant
- Representing various defendants in a proposed product liability class action in British Columbia relating to hormone therapy
- Babcock v Attorney General of Canada et al - Representing defendants in a claim alleging breach of contract and fiduciary duty. The claim was dismissed in its entirety after a ten-week trial
- Re: North Star Manufacturing (London) Ltd. - Representing Ernst & Young Inc. in its capacity as court-appointed monitor with respect to proceedings under the Companies’ Creditors Arrangement Act (CCAA), which involved related proceedings under Chapter 11 of the United States Bankruptcy Code
- Re: Xerium Technologies Inc. - Representing Xerium Technologies Inc. in its capacity as foreign representative of certain of its subsidiaries with respect to recognition proceedings under the CCAA, which involved main proceedings under Chapter 11 of the United States Bankruptcy Code filed in Delaware
- Singer v Playtex Limited et al - Representing Playtex Limited in its successful defence against a motion seeking to certify a class action alleging misleading advertising
- McKay v Air Canada et al and Nutech Brands Inc. v Air Canada et al – Representing an airline in class actions in Ontario and British Columbia alleging violations of the Competition Act
- Representing a franchisor with respect to a rescission claim by a franchisee and a claim challenging the validity of a non-competition clause
- Re: Muscletech Research and Development Inc. et al - Representing a secured creditor in cross-border proceedings under the CCAA, which were recognized under Chapter 15 of the United States Bankruptcy Code
- Consumers Association of Canada et al v Pepsi et al - Representing a defendant in a class action in British Columbia alleging violations of environmental and consumer protection legislation. The action was dismissed after a summary trial and upheld on appeal
- Lexpert Seminar, Canada Consumer Product Safety Act, Toronto, December 2011.
- Association of Corporate Counsel Convention, Cross-Border Litigation, Denver, CO, October 2011.
- Ogilvy Renault Pharmaceutical and Life Sciences Conference, April 2011.
- Class Actions Conference, Ontario Bar Association, October 2009.
- Class Actions Litigation Conference, Canadian Institute, Toronto, September 2007.
- Commercial Litigation Conference, CLE Society of British Columbia, June 2006.
- 5th Annual Civil Litigation Conference, CLE Society of British Columbia, October 2004.
- Business Council of British Columbia’s Class Actions Forum, November 2003.
- Pacific Legal Technology Conference, November 2003.
Memberships and activities
- Ontario Bar Association (2005 to present)
- Class Actions Subsection– member of the executive (2011)
- Ogilvy Renault United Way Campaign and Charitable Giving Campaign
- Canadian Bar Association (1998 to present)
- Vancouver Civil Litigation Subsection Co-chair (2003-2005)
- The Advocates’ Society (2005 to present)