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Ontario and B.C. Courts Certify Price-Fixing Class Actions

December-4-2009

Area Competition, Antitrust and Foreign Investment

Summary

Two recent decisions from the Ontario Superior Court of Justice and the British Columbia Court of Appeal may mark a fundamental shift in how proposed price-fixing class proceedings will be dealt with in Canada.  In recent years, Canadian courts have seen a significant increase in cases involving  class actions arising from conduct claimed to be contrary to the criminal provisions of the Competition Act. However, contested certification motions have historically resulted in certification generally being denied, in large part due to the plaintiffs’ inability to demonstrate a workable methodology for establishing loss and liability on a class-wide basis. This may now have changed.

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