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

Publications

Innovative Class Proceedings - Recent Trends
“Class Proceedings Fund : fifteen years in review” by Baert, Kirk M., et al. Toronto, Ont. : Osgoode Hall Law School of York University, Professional Development Program, Continuing Legal Education, 2008. Symposium: 5th annual symposium on class actions.
“Costs award against counsel in tobacco litigation denied by judge” (2005) 25 Lawyers Wkly 8.

“Handling a certification motion”. Toronto, Ont. : Ontario Bar Association, 2005. Symposium: Your first class action : get the nuts and bolts from top practitioners and judges (YLD).
“Jurisdiction of provincial courts in national class action proceedings” by Kirk Baert, et al. Toronto, Ont. : Osgoode Hall Law School, York University, Professional Development CLE, 2005. Symposium: Second conference on Crown liability : bringing and defending claims against the Crown.
“Handling a certification motion”. Toronto, Ont. : Ontario Bar Association, 2005. Symposium: Your first class action : get the nuts and bolts from top practitioners and judges (YLD).
“Pension and benefits class actions : a growth area the plaintiffs' perspective”. Toronto, Ont. : Canadian Institute, 2004. Symposium: 5th annual national forum on litigating class actions : the roadmap for bringing and defending class actions in Canada.
“Costs in class proceedings”. Toronto, Ont. : Continuing Legal Education, Ontario Bar Association, 2003. Symposium: Brave new world : securities litigation & enforcement.
“Cost in class proceedings”. Toronto, Ont. : Insight Information, 2003. Symposium: Class actions : the 2nd annual litigators' conference.
“The Road less traveled by: certification of actions under the Ontario Class Proceedings Act, 1992” by Kirk M. Baert; in: Annual Review of Civil Litigation 2001 / ed. Todd Archibald and Michael Cochrane (Toronto: Carswell, 2002), p. 115-140; 2002.
“Real estate class actions : a concept whose time has come” by Baert, Kirk M. and Kimmel, Jessica. Toronto, Ont. : Continuing Legal Education, Law Society of Upper Canada, 2002. Symposium: Gravel to gavel IV : new developments in real estate litigation.
“Effectively handling a certification motion”. Toronto, Ont. : Osgoode Hall Law School of York University, Professional Development Program, Continuing Legal Education, 2002. Symposium: Second annual national symposium on class actions.
“’Strike suits’ : an emerging threat or protecting shareholder rights?” by Baert, Kirk M. and Barnes, Lyndon. Toronto, Ont. : Insight Information, 2002. Symposium: Class actions : the litigators' conference.
“Certification of actions under the Ontario Class Proceedings Act, 1992”. Toronto, Ont. : Insight Information, 2002. Symposium: Class actions : the litigators' conference.
“The proper approach to the certification of actions under the Class Proceedings Act, 1992”. Toronto, Ont. : Osgoode Hall Law School of York University, Professional Development Program, Continuing Legal Education, 2001. Symposium: Class actions : where are we at and where are we going?
“Appeal routes in Ontario, Quebec and B.C. : an outline of where to go”. Toronto, Ont. : Osgoode Hall Law School of York University, Professional Development Program, Continuing Legal Education, 2001. Symposium: Class actions : where are we at and where are we going?
“Emerging issues in medical malpractice class actions”. Toronto, Ont. : Canadian Institute, 2001. Symposium: The advanced program on medical malpractice : the latest legal developments and practical strategies for building and winning your case.
“Contingent fees awarded under Class Proceedings Act”. Toronto, Ont. : Advocates' Society, 2000. Symposium: An overview of class actions : biosketches & papers.
“Funding from the class proceedings fund”. Toronto, Ont. : Advocates' Society, 2000. Symposium: An overview of class actions : biosketches & papers.
“Conducting a civil action for toxic torts and mass wrongs”. Toronto, Ont. : Canadian Institute, 2000. Symposium: Litigating toxic torts and other mass wrongs : the latest legal developments and practical strategies for building/defending your case.
“Class actions and government liability : a Y2K update”. Toronto, Ont. : Canadian Institute, 2000. Symposium: 6th annual provincial/municipal government liability.
“Certification of class actions”. Toronto, Ont. : Law Society of Upper Canada, Dept. of Continuing Legal Education, 1999. Symposium: Common and uncommon motions.
“Class actions : many small sufferings add up to a worthwhile action” by Baert, Kirk M. and McGowan, Michael. Toronto, Ont. Canadian Bar Association - Ontario, Continuing Legal Education, 1999. Symposium: Pursuing the public purse : new causes of action.

Member, Ontario Trial Lawyers Association
Member, Law Society of Upper Canada
Member, Canadian Bar Association
Member, Advocates' Society
Member, American Association for Justice

Contact Information

416-595-2117

416-204-2889 (Fax)

kbaert@kmlaw.ca

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Practice Areas

Class Actions

Education

LL.B., 1988
Queen's University
B.A., 1985
Queen's University

Called to the Bar

Ontario, 1990
Also member (occasional call) of the British Columbia, Alberta, Saskatchewan, Manitoba, Quebec, Newfoundland and Labrador, Northwest Territories and Yukon Bars,