News & Publications

Price Fixing

Linda Visser Quoted in The Lawyer’s Daily About Price Fixing Case

Written by and on October 26, 2017.

Linda Visser was interviewed by the Lawyer's Daily this month to provide insight into Airia Brands Inc. v. Air Canada, a price fixing case. Read the full article here.  

The Court of Appeal for Ontario Provides Welcome Clarity on Certification of International Classes

Written by on October 26, 2017.

The Court of Appeal for Ontario released its much-anticipated decision in the Airia Brands Inc. v. Air Canada air cargo price-fixing litigation last week. The Court was asked to determine the test for jurisdiction over non-resident class members and whether the test was met in this case. Siskinds LLP acted for the Plaintiffs/Appellants (non-resident class members), who prevailed on appeal. Background In 2006, the Appellants commenced a proposed class action alleging that the Respondent ai...

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...