Kirk M. Baert
Partner
Kirk M. Baert's practice focuses on class proceedings. He has been consistently recognized by Lexpert as a leading Canadian practitioner in the field of class action litigation. Mr. Baert has appeared in courts across the country in cases dealing with all aspects of class action litigation.
Kirk was counsel in Cloud v. Canada, the first Indian residential schools class action certified in Canada. A $4 billion settlement was reached in 2007. Kirk was designated as lead counsel to handle the nine settlement approval hearings across Canada. He is also counsel in Pearson v. Inco Ltd., the first environmental class action to be certified in Canada.
Kirk has been involved in numerous class proceedings dealing with issues relating to institutional abuse, product liability, consumer and environmental protection, securities misrepresentation and employment matters, many of which were the first class actions of their kind in Canada.
Kirk is a frequent speaker and author of papers for legal organizations. He has been on the Planning Committee for the Osgoode Hall Law School National Symposium on Class Actions held annually since 2001. He presently teaches a course in Class Actions with Professor Garry Watson at Osgoode Hall Law School.
Experience
News
Publications
- "Fee Approval Hearings in Class Proceedings", by Kirk Baert and Jonathan Bida, 7th Annual Symposium on Class Actions (Toronto: Osgoode Hall Law School of York University, 2010).
- "Innovative Class Proceedings - Recent trends", by Kirk Baert and Sarah Mason-Case, 6th Annual Symposium on Class Actions (Toronto:Osgoode Hall Law School of York University, 2009).
- "Costs in Class Proceedings: An Overview of the Statutory Regime in Canadian Common Law Provinces", by Kirk Baert, 6th Annual Symposium on Class Actions (Toronto:Osgoode Hall Law School of York University, 2009).
- "Taking Hollick to The Next Level: Cloud and Beyond", by Kirk Baert, 5th Annual Symposium on Class Actions (Toronto:Osgoode Hall Law School of York University, 2008).
- "Aggregate Damages under the Class Proceedings Act, 1992 Ensuring a Wrong Doesn’t Elude a Remedy", by Kirk Baert, 5th Annual Symposium (Toronto:Osgoode Hall Law School of York University, 2008).
- “Class Proceedings Fund : fifteen years in review”, by Kirk Baert, 5th Annual Symposium on Class Actions (Toronto:Osgoode Hall Law School of York University, 2008).
- "Class Actions and The Real and Substantial Connection" by Kirk Baert, 3rd Annual Symposium on Class Actions (Toronto:Osgoode Hall Law School of York University, 2006).
- “Handling a certification motion”, by Kirk Baert, Symposium: Your first class action : get the nuts and bolts from top practitioners and judges (YLD) (Toronto, Ont.:Ontario Bar Association, 2005).
- “Costs award against counsel in tobacco litigation denied by judge” (The Lawyers Weekly, Volume 25, No. 8 , June 24, 2005 - Lexis Nexis Publications).
- “Jurisdiction of provincial courts in national class action proceedings”, by Kirk Baert, 2nd Annual Symposium on Class Actions (Toronto:Osgoode Hall Law School of York University, 2005).
- “Effectively handling a certification motion”, by Kirk Baert, 2nd Annual Symposium on Class Actions (Toronto:Osgoode Hall Law School of York University, 2005).
- “Pension and benefits class actions : a growth area the plaintiffs' perspective”, by Kirk Baert, Symposium: 5th annual national forum on litigating class actions : the roadmap for bringing and defending class actions in Canada (Toronto, Ont. : Canadian Institute, 2004).
- “Costs in class proceedings”, by Kirk Baert, Symposium: Brave new world : securities litigation & enforcement (Toronto, Ont.:Continuing Legal Education, Ontario Bar Association, 2003).
- “Cost in class proceedings”, by Kirk Baert, Symposium: Class actions : the 2nd annual litigators' conference (Toronto, Ont. : Insight Information, 2003).
- “Real estate class actions : a concept whose time has come” by Kirk Baert and Jessica Kimmel, Symposium: Gravel to gavel IV : new developments in real estate litigation (Toronto, Ont. : Continuing Legal Education, Law Society of Upper Canada 2002).
- “The Road less traveled by: certification of actions under the Ontario Class Proceedings Act, 1992”, by Kirk Baert; in: Annual Review of Civil Litigation 2001 / ed. Todd Archibald and Michael Cochrane (Toronto: Carswell, 2002p. 115-140; 2002 ).
- “’Strike suits’ : an emerging threat or protecting shareholder rights?” by Kirk Baert and Barnes, Lyndon. Symposium: Class actions : the litigators' conference (Toronto, Ont. : Insight Information, 2002).
- “Certification of actions under the Ontario Class Proceedings Act, 1992”, by Kirk Baert, Symposium: Class actions : the litigators' conference (Toronto, Ont. : Insight Information, 2002).
- “The proper approach to the certification of actions under the Class Proceedings Act, 1992”, by Kirk Baert, Symposium on Class Actions (Toronto:Osgoode Hall Law School of York University, 2001).
- “Appeal routes in Ontario, Quebec and B.C. : an outline of where to go”, by Kirk Baert, Symposium on Class Actions (Toronto:Osgoode Hall Law School of York University, 2001).
- “Emerging issues in medical malpractice class actions”. by Kirk Baert, Symposium: The advanced program on medical malpractice : the latest legal developments and practical strategies for building and winning your case (Toronto, Ont. : Canadian Institute, 2001).
- “Contingent fees awarded under Class Proceedings Act”, by Kirk Baert, Symposium: An overview of class actions : biosketches & papers (Toronto, Ont. : Advocates' Society, 2000).
- "Funding from the class proceedings fund”, by Kirk Baert, Symposium: An overview of class actions : biosketches & papers (Toronto, Ont. : Advocates' Society, 2000).
- “Conducting a civil action for toxic torts and mass wrongs”, by Kirk Baert, Symposium: Litigating toxic torts and other mass wrongs : the latest legal developments and practical strategies for building/defending your case (Toronto, Ont. : Canadian Institute, 2000).
- “Class actions and government liability : a Y2K update”, by Kirk Baert, Symposium: 6th annual provincial/municipal government liability (Toronto, Ont. : Canadian Institute, 2000).
- “Certification of class actions”. by Kirk Baert, Symposium: Common and uncommon motions (Toronto, Ont. : Law Society of Upper Canada, Dept. of Continuing Legal Education, 1999).
- “Class actions : many small sufferings add up to a worthwhile action” by Kirk Baert and Michael McGowan, Symposium: Pursuing the public purse : new causes of action (Toronto, Ont. Canadian Bar Association - Ontario, 1999).
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Memberships/Affiliations
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Member, Ontario Trial Lawyers Association
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Member, Law Society of Upper Canada
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Member, Canadian Bar Association
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Member, Advocates' Society
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Member, American Association for Justice
Contact Information
416-595-2117
416-204-2889
(Fax)
kbaert@kmlaw.ca
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Practice Areas
Education
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LL.B.,
1988
Queen's University
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B.A.,
1985
Queen's University
Called to the Bar
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Ontario,
1990
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Also member (occasional call) of the British Columbia, Alberta, Saskatchewan, Manitoba, Quebec, Newfoundland and Labrador, Northwest Territories and Yukon Bars,