Profile

Danielle Royal is a partner in the Litigation & Dispute Resolution Group. Her practice focuses on class actions, complex commercial litigation and competition litigation. Danielle has appeared before all levels of Court in Ontario, the Federal Court of Appeal and the Supreme Court of Canada. She has represented clients on several cross-border class actions involving claims of price-fixing and conspiracy, other commercial disputes, as well as a range of product liability claims. Danielle has significant experience advising and assisting companies regarding internal investigations and responding to regulatory, criminal or quasi-criminal investigations and the class action litigation that often accompanies allegations of serious misconduct.

In addition to her practice, Danielle is a member of the Associates’ Committee in the Toronto office. She is co-editor of the firm’s Product Liability Law blog and Class Actions Law blog.

Representative Work

• Ontario Provincial Police Association - conducted an internal investigation into allegations that senior members engaged in criminal conduct including fraud, theft and breach of trust.
  

• Watson v. Bank of America et al. – acting as counsel for CIBC in respect of a competition class action against various financial institutions regarding merchant discount fees.
  

• Ammazzini v. Anglo American PLC - acting as counsel to defendants in respect of a competition class action alleging anti-competitive practices in the sale of diamonds in Canada.

• Crosslink Technologies v. BASF Canada Inc. - acting as counsel to Huntsman International LLC in respect of a competition class action against various producers of polyether polyols.

• The Estate of Chesney Henry “Chet” Baker et al. v. Sony BMG Music (Canada) Inc. et al. - acting as counsel for Universal Music Canada Inc. in respect of a class action against various record labels alleging copyright infringement.

• Fairhurst v. De Beers Canada Inc. – acting as counsel for De Beers Canada Inc. and other related entities before the Supreme Court of British Columbia in respect of a class action alleging anti-competitive practices in the sale of diamonds in Canada.

• Fairview Donut v. TDL Group and Tim Hortons Inc. – successfully defending TDL Group Corp. and Tim Hortons Inc. in a class action commenced by certain Tim Hortons franchisees alleging breach of contract and breach of good faith. The action was dismissed on summary judgment.

• Robinson v. Medtronic, Inc. – acting as counsel for Medtronic, Inc. and Medtronic of Canada in defence of a class action relating to cardiac leads.

• Whiting v. Menu Foods et al. – acting as counsel for Menu Foods in respect of various class actions commenced in nine jurisdictions across Canada relating to a recall of pet food and spearheaded implementation of cross-border settlement on behalf of numerous Canadian defendants.

• Peter. v. Medtronic, Inc. – acting as counsel for Medtronic, Inc. and Medtronic of Canada in defence of a class action relating to cardiac defibrillators.

• Nu-tech Brands v. Air Canada – acting as counsel for Air Canada in defence of a class action relating to alleged anti-competitive practices in the air cargo industry.

• Seale & Associates v. Vector Aerospace – successfully tried and defended breach of contract case brought against Vector Aerospace and upheld trial verdict at the Court of Appeal.

• Ironworkers Ontario Pension Fund v. RIM – acted as counsel for two directors of RIM in respect of an oppression application relating to option-granting practices.

• The Citadel Insurance Company v. Vytlingam et al. – represented the intervener, the Insurance Bureau of Canada, before the Supreme Court of Canada on a matter relating to the extent to which automobile insurance should provide indemnity for incidents only remotely connected to the use of the automobile.

• Lumbermans Mutual Insurance Company v. Herbison et al. – represented the intervener, the Insurance Bureau of Canada, before the Supreme Court of Canada on a matter relating to the interpretation of section 239(1) of the Ontario Insurance Act.

• Hague v. Liberty Mutual Insurance Company – acted as counsel for Liberty Mutual Insurance Company in respect of a class action relating to the use of non-OEM automotive parts.

• In the matter of the Companies’ Creditors Arrangement Act and Air Canada – acted for Air Canada on various matters related to claims by various regulatory agencies in the CCAA restructuring proceeding and following the emergence of Air Canada from court protection under the CCAA.

• Gutierrez v. Tropic International – successfully defended appeal of summary judgment order.

• Commissioner of Competition v. Air Canada – represented Air Canada in hearing before the Competition Tribunal alleging abuse of dominance under the Competition Act.

• Commissioner of Competition v. Canadian Waste Services – represented defendant in a contested merger matter and remedy proceeding before the Competition Tribunal.

Publications

“Canadian Competition and Foreign Investment Outlook 2019”, Firm Publication, 2018 (co-author).

“Canada” chapter, The Private Competition Enforcement Review, Law Business Research, September 2012, 2013 and 2014, (Eliot Kolers).

“Lessons from Wal-Mart Stores Inc. v. Dukes: The need for a more rigorous analysis of expert evidence in Canada”, Class Action Defence Quarterly, LexisNexis Canada, June 2012, (Ingrid Minott).

“Practical Repercussions of Certifying Aggregate Damages, Waiver or Tort and Punitive Damages as Common Issues: Emerging Trends in Canadian Class Actions”, Class Action Defence Quarterly, LexisNexis Canada, June 2010.

“Responding to Prosecutions” chapter, Ultimate Corporate Counsel Guide, 2010, (Katherine Kay).