Jason Mohrbutter

Partner

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contact

Office: Regina

Main: (306) 347-8484

Fax: (306) 352-5250

Education & Qualifications

  • Saskatchewan Bar (2001)
  • LLB with distinction (Saskatchewan, 2000)
  • BA with great distinction (Saskatchewan, 1999)

Jason Mohrbutter is recognized as one of the Best Lawyers in Canada in the area of class actions.

  • University of Regina v HTC Purenergy Inc., 2017 SKQB 310, obtaining an enhanced costs award following a summary judgment application to dismiss allegations of fraudulent misrepresentation in an action involving a license of carbon capture technology.
  • 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.

Jason is  routinely retained by national and international clients, as well as law firms in other jurisdictions, to provide advice on class actions in Western Canada. He regularly advises defendants in actions commenced under Saskatchewan’s Class Actions Act and has been extensively involved in this practice area since the Act came into force in 2002. He has appeared as counsel on several of Saskatchewan’s leading class action cases including Hoffman v. Monsanto, Frey v. SaskTel and Wuttunee v. Merck & Co.

His extensive experience includes acting for national and international clients, as well as numerous statutory entities, in complex multi-party, representative and mass-complaint actions including claims related to general products and products liability matters such as pharmaceuticals and medical devices and biotechnology, as well as mass torts and commercial claims.

Jason’s  practice also focuses on commercial litigation including contractual disputes, shareholder and partnership disputes, insurance and agricultural claims.

  • Volunteer, Planning Committee, Premier’s Charity Golf Ball (2017)
  • Volunteer, fundraising committee, Kids Help Phone (2015-2016)
  • Director, Regina Open Door Society (2009-2011)
  • Director, Regina Bar Association (2009-2010)
  • Director, Montessori School of Regina (2008-2009)
  • Volunteer presenter, Saskatchewan CPLED Program for Articling Students (2010, 2014-2016)
  • Volunteer, Public Legal Education Association of Saskatchewan
  • Co-author, “How the West was Won,” Class Actions Forum West (Vancouver, May 2015)
  • Co-presenter with Popescul C.J.Q.B., “The New Rules in Practice,” 2014 CBA Saskatchewan Branch Mid-Winter Meeting (February 2014)
  • Panellist and presenter, Western Canada Class Actions Conference (Vancouver 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 2012)
  • Panellist, “The New Court of Queen’s Bench Rules,” 2012 CBA Saskatchewan Branch Mid-Winter Meeting (February 2012)
  • Co-author and speaker, “Resolving Claims Without a Full Trial (Part 7),” Queen’s Bench Rule Changes: An Essential Overview, Saskatchewan Trial Lawyers’ Association (October 2011)
  • “Cross Canada Class Actions Round-Up – Saskatchewan Developments,” 12th Annual National Forum on Class Action Litigation, The Canadian Institute (September 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 (2011)
  • “Doing Business in a Litigious Society,” Canadian Seed Growers and Canadian Seed Traders Joint Annual Conference (Kelowna, BC, 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 (2008-2009)
  • Co-author, “Class Actions in Saskatchewan,” Osgoode Hall Symposium on Class Actions (2008-2009)
  • One of the Best Lawyers in Canada – Class Actions Litigation (since 2014)
  • One of Canada’s Leading Lawyers in the Canadian Legal Lexpert Directory – Class Actions
  • W.P. Harris Prize for Arts and Law (1999)
  • P.E. MacKenzie Prize for Outstanding Achievement in First Year Law (1998)