Kajal Ervin (she/her/hers)

"[Kajal] has provided me with excellent guidance and transparency throughout the entire class action process since inception,"
- Client interview, Benchmark Litigation 2021

In addition to serving as JSS Barristers Managing Partner, Kajal also maintains a diverse practice, with a focus on class actions and corporate commercial arbitrations. In her experience managing large and complex files, Kajal has gained expertise managing and working with teams of lawyers and has significant experience in e-discovery and document management.

Experience 

As a partner at JSS Barristers, Kajal’s practice primarily involves large and complex file management, organization, and analysis. Kajal has experience advocating claims on behalf of individuals, corporations, and groups of litigants. In her practice she works closely with her clients including individuals, in-house counsel and business groups.

Kajal practices in most areas of civil litigation with a focus on corporate commercial arbitrations, oil and gas litigation, securities litigation, construction disputes, and mass tort litigation, where she acts on behalf of groups of plaintiffs.

Kajal is actively involved with JSS Barristers’ Class Action group with a particular interest and experience in securities, privacy breach, and product liability litigation. She is currently involved in a number of JSS Barristers’ ongoing Class Action claims. In addition to advancing Class Actions, Kajal has also been involved in defending several Class Action claims.

In her experience managing large and complex files, Kajal has gained expertise in e-discovery and document management. She has been involved in complex and large-scale litigation matters involving the collection, review, and production of millions of documents, both paper and electronically. Kajal has published and presented on the topic of e-discovery and document management in complex litigation.

Awards & Recognition

Since 2021, Kajal has been recognized as a Litigation Star by Benchmark Litigation Canada. Kajal also continues to be recognized by Best Lawyers for her work in class actions, and by Legal 500 as a Next Generation Partner. She was named to Benchmark Litigation Top 40 & Under Hot List consistently for three years, from 2019 to 2021, which recognizes up-and-coming litigation lawyers in the US and Canada who are 40 or younger.

Education 

Kajal joined JSS Barristers in July 2008 after having completed her articles with Alberta Justice where she had the opportunity to advocate in a number of areas of litigation, including criminal prosecutions, civil litigation and family law. However, her interests focused on civil litigation, so she joined JSS Barristers and was shortly thereafter called to the Alberta Bar in August 2008.

In 2007, Kajal obtained her Bachelor of Laws from the University of Alberta. During her time in the Faculty of Law, Kajal volunteered with Student Legal Services, with a focus on legal education for the public. She also held a position as a research assistant with the Alberta Law Reform Institute, where she participated in the Rules of Court Project. Prior to attending law school, Kajal obtained her Bachelor of Arts degree in Political Science at the University of Calgary.

Representative Work

In her Class Action practice, Kajal acts on behalf of both plaintiffs and defendants. Some of her work includes:

NB v Philip Heerema, the Calgary Exhibition & Stampede, and the Calgary Stampede Foundation - Kajal is co-lead counsel to the representative plaintiff and the class in this certified class action which alleges the sexual exploitation, assault, and abuse of youth over several decades, perpetrated by a senior employee of the Young Canadians - a renowned performance group in Calgary, Alberta, associated with the Calgary Stampede. In July 2023, the parties reached a settlement on liability where the Calgary Stampede Defendants admitted liability for most of the certified common issues.

Engen v Hyundai Auto Canada Corp., et al - Along with Gavin Price, Kajal is co-lead counsel  for the Representative Plaintiff and the certified Class in a product liability case involving allegations of panoramic sunroofs in certain Hyundai vehicles shattering. The action was certified in 2021, and the Defendants appeal the certification order. The Alberta Court of Appeal upheld certification with respect to common issues relating to negligence and breach of express warranty.

Poundmaker Cree Nation Represented by the Counsel of Poundmaker Cree Nation, et al. v His Majesty the King-  Kajal, along with other members of JSS Barristers Class Action Group and the firm Strosberg Sasso Sutts LLP, represent the plaintiffs in this proposed class action proceeding which involves allegations that the Government of Canada was negligent in failing to fully and properly manage and exploit oil and gas rights and assets on First Nation lands.

Krishnan v WN Pharmaceuticals, et al - Kajal is co-lead counsel to WN Pharmaceuticals and Natural Factors defending against a class proceeding which alleges common law breaches including negligent misrepresentation and statutory breaches arising from consumer protection statutes across the country in respect of allegations pertaining to certain natural health supplements.

An example of Kajal’s mass tort practice includes:

101205139 Saskatchewan Ltd., et al v Roseglen Hutterian Brethren, et al - Kajal works with other members of JSS Barristers to advance this mass tort claim which involves over 40 plaintiffs in a claim arising from a fire in southern Alberta which destroyed hundreds of acres of farmland, personal property and homes, and caused serious bodily injury.

Personal

In her spare time, Kajal enjoys spending time with her two kids and her husband, which usually involves driving her kids around to their extra-curricular activities. She can often be found in hockey rink somewhere in Calgary cheering on both her kids (perhaps a bit too loudly!)

Publications 

"COVID-19: Class Actions Arising From a Pandemic"

JSSBarristers.ca, July 28, 2020
Co-Author (with Gavin Price and Andrea MacLean)

"Sharing Document Records with the Other Side: Best Practices on Document Sharing in a Complex Litigation Matter"

LESA Seminar "Document Management in Complex Litigation Files" (2015)
Co-Author and Presenter

Speaking Engagements

Presenter
"Jurisdictional Tourist", Women of Class Summit, January 28-31, 2024

Presenter
"Modernization of Technology in Legal Practice", Epiq and Global Lawyers Canada, October 28, 2021

Presenter
"Privacy Breach Class Actions", Quebec Bar Association, 2020 National Conference on Class Actions, October 22-23, 2020

Co-Presenter (along with Bryan C. Duguid QC, FCIArb), 
"No-Amendment Clauses: What's Fairness Got To Do With It?", Canadian Bar Association, Calgary South Sections - Joint Meeting: Construction and Business, Calgary, Alberta, September 10, 2018