Kirk Michael Marius Baert

Also member (occasional call) of the British Columbia, Alberta, Saskatchewan, Manitoba, Quebec, Newfoundland and Labrador, Northwest Territories and Yukon Bars.

Kirk is a partner at Koskie Minsky LLP and is the founder of the firm’s class action group. He has been repeatedly recognized by Lexpert, Chambers Canada, Benchmark Canada and other organizations as a leading Canadian counsel in the field of class action litigation.

Mr. Baert has appeared in courts across the country, including the Ontario Court of Appeal, Quebec Court of Appeal, Newfoundland Court of Appeal, and the Supreme Court of Canada, on matters dealing with all aspects of class action litigation.

Mr. Baert was counsel for the plaintiff in Cloud v. Canada , the first Indian residential schools class action certified in Canada. A $6 billion pan-Canadian settlement was reached in the case in 2007. Kirk was designated as lead counsel in Canada to handle the 9 settlement approval hearings across the country. The settlement was ultimately approved by all 9 provincial and territorial courts involved. The settlement has been completed and over 100,000 class members made claims.

Kirk was counsel for the plaintiffs in Anderson v. Canada , in which it was alleged that Canada failed to comply with its constitutional and fiduciary duties to Metis and Inuit people in Newfoundland and Labrador arising from the operation of 5 residential schools in that province after 1949. The case settled in 2016 for $50 million after proceeding to a common issues trial.

Kirk was also counsel for the plaintiff in Pearson v. Inco Ltd ., the first common law environmental class action to be certified in Canada. The case broke new ground on issues related to nuisance and aggregate damages.