News & Publications

Price Fixing

Court Grants Leave to Appeal on Umbrella Purchaser Issue

Written by on September 06, 2017.

Fanshawe College of Applied Arts and Technology v Hitachi, Ltd., 2017 ONSC 2791 In Fanshawe v Hitachi, the plaintiff alleges that the defendants engaged in a conspiracy to fix the prices for CRT (an older technology used in televisions and computer monitors).  The plaintiff alleges breach of the Competition Act, RSC 1985, c C-34 (the “Competition Act”), and the tort of unlawful means conspiracy based on the alleged breach of the Competition Act. In August 2016, the Ontario court certi...

Class Action Case Comment: Mancinelli v Royal Bank of Canada, 2017 ONSC 87

Written by on March 30, 2017.

Background: In this proposed class action brought under Ontario’s Class Proceedings Act, 1992, SO 1992, c 6 (the “CPA”), the plaintiffs allege that the defendant financial institutions conspired with each other to fix prices in the market for foreign exchange instruments.  The plaintiffs allege that the defendants carried out their conspiracy by communicating directly on multiple chat rooms at Bloomberg LP with names such as “The Cartel,” “The Bandits’ Club,” and “The Mafi...

Court of Appeal Hears Jurisdiction Motion in Airia Brands

Written by on January 03, 2017.

In December 2016, the Ontario Court of Appeal heard an appeal in Airia Brands v Air Canada.  The result of this appeal will have significant impact on the viability of global class actions commenced in Ontario and on the application of the real and substantial connection test in the context of a proposed global class action. Airia Brands relates to allegations that the defendants unlawfully engaged in a worldwide conspiracy to fix prices of air cargo shipping services. The action was certifi...

Ontario Courts Ensure Access to Justice for Victims of Illegal Cartels

Written by on August 19, 2016.

Four recent decisions from the Ontario courts affirm the importance of preserving remedies for plaintiffs impacted by unlawful conspiracies. The decisions relate to four separate price-fixing conspiracies involving LCD panels (used in televisions, computer monitors and notebook computers), lithium-ion batteries (used in various electronic products, including mobile phones and notebook computers), CRTs (an older technology used in televisions and computer monitors), and shipments of cargo by air....

$4.77 million Settlement in Cooling Compressors Class Action Approved for Distribution

Written by on April 27, 2016.

Settlements in the total amount of $4.77 million have been reached with the Defendants in the Cooling Compressors Class Action to resolve the litigation in its entirety. Persons in Canada who between January 1, 2004 and December 31, 2008 purchased Cooling Compressors and products containing Cooling Compressors may apply now for compensation. In order to receive settlement funds, a completed claim form must be submitted by August 11, 2016. Claims must be filed using the online claims process a...

Competition Class Actions Cross The Pond

Written by on October 29, 2015.

North American style “opt-out” class actions are finally coming to the UK, albeit with a number of unique procedural and substantive modifications. The recent amendments contained in the Consumer Rights Act 2015, which amends the Competition Act 1998, signal a historic shift toward class proceedings. The Consumer Rights Act 2015 introduces the mechanism of “collective proceedings” which are, at first glance, very similar to US and Canadian class actions.  Such “collective proceedin...

Comment on Airia Brands v. Air Canada

Written by on August 28, 2015.

Class action lawyer Charles Wright was interviewed by Canadian Lawyer Magazine for his views on the recent ONSC decision Airia Brands v. Air Canada. The price fixing class action was certified yesterday by Justic Lynne Leitch of the Ontario Superior Court. You can read the full article here.

Canadian Courts’ Jurisdiction Over Foreign Defendants in Cases Arising From E-Commerce Relations

Written by on August 21, 2015.

With the internet expanding its reach globally, the marketplace participants increasingly turn to it in order to foster their businesses.  Manufacturers, distributors, retail stores and service providers take advantage of the internet in order to increase their customer base.  Customers, similarly, increasingly use the internet to access products and services.  As a result, the past decade has seen the birth and astonishing growth of giant internet-based companies that either sell products or...

A Decade of Competition Law Class Actions: From Chadha to the ‘New Trilogy’

Abstract: The brief history of Canadian competition law class actions has been marked by a significant evolution in approach, from hesitancy to acceptance. The debate has focused on the evidentiary standard and the viability of indirect purchaser claims. Early attempts at certification in competition law class actions failed, in part, because Canadian courts imposed American evidentiary standards. In Chadha v Bayer Inc, the Ontario Court of Appeal held that plaintiffs must provide a methodology ...

A Missed Opportunity: The Supreme Court Declines Leave to Appeal in Wakelam v. Wyeth Consumer Healthcare

Written by on September 22, 2014.

The Supreme Court has declined leave to appeal in Wakelam v. Wyeth Consumer Healthcare. The decision means that the far-reaching findings of the British Columbia Court of Appeal in the areas of consumer protection, competition and restitution law, are permitted to stand. It also means that a conflict among several appellate decisions, concerning the availability of restitutionary remedies on the basis of breaches of the Competition Code, remains unresolved. The decision is of interest to class a...