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Kirk is a partner at Koskie Minsky LLP. His practice focuses on class proceedings. He has been recognized by Lexpert as a leading Canadian practitioner in the field of class action litigation. Mr. Baert has appeared in courts across the country, including the Supreme Court of Canada, on matters dealing with all aspects of class action litigation. Mr. Baert was co-counsel for the plaintiff in Cloud v. Canada, the first Indian residential schools class action certified in Canada. A $4 billion pan-Canadian settlement was reached in the case in 2007. Kirk was designated as lead counsel in Canada to handle the 9 settlement approval hearings across the country in Fontaine v. Canada. The settlement was ultimately approved by all 9 provincial and territorial courts involved. The settlement is proceeding and over 90,000 class members have made claims. Mr. Baert is counsel for the plaintiff in Markson v. MBNA Canada Bank, which was recently certified by the Ontario Court of Appeal. The court's decision expanded the situations where an aggregate assessment of damages may be used. Kirk was Canadian co-counsel for the Ontario Public Service Employees Union Pension Trust Fund, the lead plaintiff in Re Nortel Networks Corp Securities Litigation. A worldwide settlement was reached in the case in late 2006 totalling over $2.4 billion. Mr. Baert is also counsel for the plaintiff in Pearson v. Inco Ltd., the first environmental class action to be certified in Canada. The case is scheduled to go to trial in September 2008. He has been involved in numerous class proceedings dealing with product liability, consumer and environmental protection, copyright infringement, regulatory negligence, securities misrepresentation, pension surpluses and other employment matters, amongst others, many of which were the first class actions of their kind in Canada. Kirk presently teaches a course in Class Actions with Professor Garry Watson at Osgoode Hall Law School. He has been either Co-Chairman or on the Planning Committee for the Osgoode Hall Law School National Symposium on Class Actions held annually since 2001. Kirk is also a regular speaker and author of papers for The Canadian Institute, CBA, LSUC and the Advocates' Society on class actions, complex litigation and other matters. Mr. Baert was an Instructor in the Ontario Bar Admission Course in both the Advocacy and Civil Procedure sections from 1995 to 2001. Kirk has also been a guest Instructor in the Osgoode Hall Intensive Trial Advocacy Workshop. Kirk is a former editor of Carswell's Practice Cases. He is currently a contributing editor of Class Action, a quarterly publication issued by Federated Press. |
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