Jason Mohrbutter | Regina Class Action Lawyer

Representative Work

Kane v FCA USA LLC & FCA Canada Inc., 2022 SKQB 69 – successfully opposing certification of a proposed class action involving numerous vehicle recall notices. CIC Asset Management et. al. v QHR Technologies, 2020 SKQB 327 – successfully defending $7 million claim for breach of representations and warranties and enforcing payment terms of a share purchase agreement involving an electronic medical records software company. University of Regina v HTC Purenergy Inc., 2019 SKQB 126 and 2017 SKQB 310 – summary dismissal of fraudulent misrepresentation allegations and other causes of action, resulting in an enhanced costs award, in an action involving a license of carbon capture technology. T & C Arndt Minerals Ltd. v Silver Spur Resources Ltd., 2018 SKQB 337, obtaining partial summary judgment dismissing the majority of claims by a group of investor participants in an oil and gas joint venture. Chatfield v Bell Mobility Inc., 2016 SKQB 364, striking out a pleading on the basis of abuse of process and other grounds in a class action involving system access fees charged by telecommunications companies across Canada. Consumers’ Co-operative Refineries v. The City of Regina and Ministry of Environment 2016 SKQB 335, two successful de novo appeals under The Freedom of Information and Protection of Privacy Act and The Local Authority Freedom of Information and Protection of Privacy Act maintaining the confidentiality of two risk assessment reports. Deren and Lacasse v. SaskPower, 2015 SKQB 366, affirmed 2017 SKCA 104, successfully obtaining summary judgment dismissing a multi-million dollar flooding claim. Geosys-Intl, Inc. v. Echelon Ag Inc. (Feb. 18, 2014), Brite Vision PC v. Robert and Jolie Wasylenko (Oct. 10, 2014), obtaining two preservation orders under the Enforcement of Money Judgments Act restraining the defendants from dissipating or dealing with property and assets in the context of two actions involving breach of contract and fraudulent misrepresentation (Geosys), and breach of fiduciary obligation (Brite Vision). Klassen Bros. v. Cargill, 2013 SKQB 431, successfully defending a claim for catastrophic loss and damage to a dairy operation arising from an allegedly defective feed source. McKinnon v. Red Lily Wind Energy Corp., 2011 SKQB 313, 2012 SKQB 58, 2013 SKQB 316, (unreported December 12, 2013), overturning an ex parte injunction halting construction of a wind turbine facility and resisting subsequent injunction proceeding, enforcing an undertaking as to damages arising from the wrongful grant of the ex parte injunction. Bear v. Merck Frosst Canada Ltd., 2010 SKQB 284; Rybchinski v. Merck Frosst Canada Ltd., 2011 SKCA 152, striking two proposed class actions as an abuse of process. Merck Frosst Canada Ltd. v. Wuttunee, 2009 SKCA 43, successfully opposing a grant of certification involving the prescription drug Vioxx; leave to appeal to Supreme Court of Canada denied 22 October 2009. Horner v. Saskatchewan, 2009 SKQB 270, successfully opposing certification of a class action seeking retroactive and prospective benefits under Saskatchewan’s Workers’ Compensation Act. Hoffman et al. v. Monsanto Canada Inc. and Bayer CropScience Inc., 2007 SKCA 47, successfully opposing certification of a class action arising from the introduction of genetically modified canola. Collins v. BCE Inc. et al., 2010 SKQB 74, obtaining a stay of a proposed class action as an abuse of process of the court.

Author and er, “COVID-19 Class Action Roundup,” at “Strength in Numbers: Fundamentals and Emerging Issues in Plaintiffs’ Class Actions” ed by the Trial Lawyers Association of British Columbia (Vancouver, May )

Present / present / 2022

Co-er with Brandon Kain, “Cross Examination on Affidavits,” The Litigator’s Seminar ed by the Law Society of Saskatchewan (June )

present / present / 2021

Author, “Keeping the Faith – Five Years after Bhasin v Hrynew,” Commercial Litigation and Arbitration Review, Vol. 9, No. 1 (9 C.L.A.R.) (February )

2020

er, “Diving Deeper into Decisions and Trends in the Class Action Landscape,” Law Society Continuing Professional Development Webinar (February )

Present / 2020

Panelist and er, “Reality Check on Class Actions in Canada: Lighting Round on Opting In and Out, Costs, and Specialized Bench,” International Association of Defence Counsel Canadian Regional meeting (Toronto, June )

Present / 2019

er, “An Introduction to Class Actions,” Saskatchewan Law Society Continuing Professional Development Webinar (March )

Present / 2019

Author and er, “What’s New Under the Prairie Sun,” 10th Annual Class Actions Colloquium ed by the Ontario Bar Association (Toronto, December )

Present / present / 2018

Co-author, “How the West was Won,” Class Actions Forum West (Vancouver, May )

2015

Co-er with Popescul C.J.Q.B., “The New Rules in Practice,” CBA Saskatchewan Branch Mid-Winter Meeting (February )

present / 2014 / 2014

Panelist and er, Western Canada Class Actions Conference (Vancouver )

present / 2013

“Harrington v. Dow Corning Corp. and Social Utility: Unfit for Their Purpose Within Product Liability Negligence Law,” Saskatchewan Law Review, Volume 75(2) ()

2012

“A Look Back on Saskatchewan’s First Decade of Class Action Legislation,” Canadian Bar Association Bar Notes, Vol. XXVI No. 4 (Summer edition, )

2012

Author and er, “The New Court of Queen’s Bench Rules,” CBA Saskatchewan Branch Mid-Winter Meeting (February )

Present / 2012 / 2012

Co-author and er, “Resolving Claims Without a Full Trial (Part 7),” Queen’s Bench Rule Changes: An Essential Overview, Saskatchewan Trial Lawyers’ Association (October )

Present / 2011

Author and er, “Cross Canada Class Actions Round-Up – Saskatchewan Developments,” 12th Annual National Forum on Class Action Litigation, The Canadian Institute (September )

Present / 2011

“Seidel v. Telus and Tercon v. B.C. – Freedom of Contract to Mandate Arbitration and Exclude Liability,” The Saskatchewan Advocate (June )

2011

Co-author, “Class Action ‘Whack-a-Mole’ – Dealing with Multi-Jurisdictional Class Actions in Canada,” Osgoode Hall Symposium on Class Actions (April )

2011

“Doing Business in a Litigious Society,” Canadian Seed Growers and Canadian Seed Traders Joint Annual Conference (Kelowna, July )

2010

“A Brief Look at the Potential Expansion of Saskatchewan’s Rules for Summary Judgment,” The Saskatchewan Advocate(December )

2010

Co-author, “Developments in Class Actions: Alberta, Saskatchewan and Manitoba,” Forum on Class Action Litigation, Canadian Institute (-20

2008