Vlad Calina: Fasken Gains Decertification Order Expert

• Vlad Calina has joined Fasken's Vancouver office as a partner in its litigation and dispute resolution group, effective August 31.
• He was previously a partner at Koskie Minsky LLP in Toronto before making a professional return to Vancouver.
• Calina is recognized for securing a rare Ontario court order to decertify an employment class action, specifically in the Strada Crush Limited case.
• In that case, the court agreed to decertify the class after finding the representative plaintiff, George Azar, unsuitable due to personal interests.
• Fasken's BC managing partner, Jenny Francis, highlighted Calina's deep experience in class actions and complex commercial disputes as a significant asset to the firm.

A key highlight of Vlad Calina's career, and a factor underscored by Fasken in their announcement, is his involvement in securing a rare Ontario court order to decertify an employment class action.

Vlad Calina, a distinguished litigator known for securing a rare decertification order in Ontario, has officially joined Fasken as a partner in its Vancouver office. His first day with the firm's litigation and dispute resolution group was August 31. This move marks a significant addition to Fasken's capabilities, particularly in complex class action defence. Previously a partner at the Toronto-based firm Koskie Minsky LLP, Calina's transition to Fasken Vancouver represents a professional return to the city where he began his legal career.

Calina expressed that his initial experience clerking for the British Columbia Court of Appeal was foundational to his development as an advocate. He highlighted that while the return to Vancouver felt like a homecoming, the specific opportunity to join Fasken's esteemed team was the primary draw from Toronto. He emphasized the exceptional nature of Fasken's class action defence practice, stating it was an offer too compelling to decline.

A key highlight of Vlad Calina's career, and a factor underscored by Fasken in their announcement, is his involvement in securing a rare Ontario court order to decertify an employment class action. This achievement, which Fasken notes is shared by only a select group of lawyers in Canada, demonstrates his profound expertise in challenging class action proceedings. The specific case, the Strada Crush Limited class action, involved allegations of unpaid wages.

In 2020, Calina was part of the legal team representing Strada Crush Limited. Although the Ontario Superior Court of Justice initially certified the class action, subsequent developments led to a critical re-evaluation. The court ultimately determined that the representative plaintiff, George Azar, was not acting in the best interests of the class but rather pursuing personal interests, rendering him unsuitable for the role. Calina and his colleague successfully petitioned the court to dismiss Azar's attempt to be reappointed and, crucially, to decertify the entire class, establishing a significant Ontario class action decertification precedent.

The addition of Vlad Calina significantly strengthens Fasken's class action defence Canada practice, particularly in navigating intricate commercial disputes. Jenny Francis, the managing partner of Fasken's BC office, lauded Calina as a "highly skilled litigator with deep experience in class actions and complex commercial disputes." She further noted that his extensive experience and advocacy skills are an outstanding enhancement to an already leading practice within the firm.

Calina himself conveyed his honor in joining Fasken's commercial litigation group, acknowledging the firm's "phenomenal and talented group of lawyers." His proven track record, including his role as lead counsel in a complex common issues class action trial and the landmark decertification order, positions him as a formidable asset. This strategic hire underscores Fasken's commitment to providing robust defence strategies against complex litigation, offering clients enhanced expertise in challenging class action certifications and representative plaintiff suitability.

Lawyers and compliance officers involved in class action litigation, particularly defence, should note Vlad Calina's move to Fasken's Vancouver office. His proven ability to secure rare class action decertification orders, as demonstrated in the Strada Crush Limited case, signals a strengthened resource for complex defence strategies and sets a precedent for challenging representative plaintiff suitability in Ontario class actions.

Source: Original reporting via Canadian Lawyer