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Randy Sutton

Partner

Randy Sutton

Toronto

T:+1 416.216.4046

Randy Sutton practises in the area of dispute resolution. He represents clients in a variety of business sectors in both court and administrative proceedings as well as in mediations and arbitrations.  He has appeared in the provincial and federal courts throughout Canada and is a member of the British Columbia, Saskatchewan and Ontario bars.

Mr. Sutton has provided advice on commercial, contract, tort, product liability, product recall, insurance, defamation, intellectual property and franchise matters. He also provides ongoing risk management, regulatory and insurance coverage advice. He has developed specific experience in the areas of franchise litigation, product liability litigation, consumer protection and marketing and class action litigation.

Mr. Sutton is co-chair of our national class actions team, the partner responsible for professional liability matters in Ontario, a member of our Canadian risk and audit committee and leads our life sciences and healthcare industry group in Canada.

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  • Education
    • J.D., University of British Columbia, 1997

    • B.Admin., Simon Fraser University, 1994

  • Representative experience

    The following are examples of the matters Mr. Sutton has been involved in:

    • Representing a pharmaceutical company in product liability class actions in Ontario, Alberta, Saskatchewan and British Columbia relating to its drug

    • Representing a consumer goods company in obtaining a retraction of incorrect media coverage and related litigation arising

    • Representing an airline and various manufacturers in class actions in Ontario, Saskatchewan and British Columbia alleging violations of the Competition Act

    • Representing a medical device manufacturer in litigation arising from a product recall

    • Representing a pharmaceutical company in its successful defence of class actions in British Columbia, Saskatchewan and Ontario arising from litigation under the PM(NOC) Regulations

    • Representing various governmental defendants in a claim alleging breach of contract and fiduciary duty

    • Representing a consumer goods company in its defence of a motion seeking to certify a class action alleging misleading advertising

    • Representing a franchisor with respect to a rescission claim by a franchisee and a claim challenging the validity of a non‑competition clause

    • Representing a franchisor with respect to a claim for damages arising from the termination of a franchise agreement

    • Representing a technology company in litigation alleging the improper use of intellectual property

     

  • Admissions
    • British Columbia 1998
    • Ontario 2005
    • Saskatchewan 2015
  • Rankings and recognitions
    • Chambers Canada, Nationwide: Litigation - Product Liability, Chambers and Partners, 2018

    • Best Lawyers, Canada, 2018: Class Action Litigation. 

    • Client Choice, USA & Canada 2014: Individual Winner for Arbitration, Toronto

  • Publications
    • "Recent Developments in Canadian Pharmaceutical and Medical Device Product Liability Class Actions," DRI - For The Defense, September 2017.

     

  • Speaking engagements
    • Food Law TeleSummit, Norton Rose Fulbright Canada, Toronto, November 2016.

    • Developments in International Class Actions, Osgoode Hall Class Actions Conference, Toronto, April 2015.

    • Canadian Anti-Spam Legislation, Client seminar, Norton Rose Fulbright Canada, Toronto, May 2014.

    • Update on Product Liability Litigation in Canada, Client seminar, Norton Rose Fulbright Canada, Toronto, April 2014.

    • Norton Rose Pharmaceutical and Life Sciences Seminar, Litigation Update, April 2013.

    • Recent Developments in Product Liability Cases, Ontario Bar Association, 4th Annual Class Actions Colloquium, December 2012.

    • 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, The Canadian Institute, Toronto, September 2007.

  • Memberships and activities
    • Canadian Bar Association (1998 to present)

    • British Columbia Bar Association (1998 to 2005) Vancouver Civil Litigation Subsection Co-Chair (2003-2005)

    • Ontario Bar Association (2005 to present)

    • Ontario Bar Association Class Actions Executive Member (2011-2017)

    • Ontario Bar Association Health Law Section Executive Member (2016-2017)

    • Norton Rose Fulbright Canada United Way Campaign and Charitable Giving Campaign Co-Chair (2010-2015)

    • The Advocates' Society (2005 to present)

    • Defence Research Institute, Class Actions and Multi-Party Litigation, International Vice-Chair (2016-2017)