Siskinds LLP and Siskinds, Desmeules s.e.n.c.r.l. seek to recover compensation for Canadians in relation to harms suffered from an alleged conspiracy to fix the price at which caustic soda was sold in Canada.
“Caustic Soda”, also known as sodium hydroxide (NaOH) or lye, is a commodity chemical sold in solid and liquid forms. Caustic Soda is used by customers in a variety of industries, including paper, pulp and cellulose; chemical production; soaps and detergents; aluminum; food processing; water treatment; textiles; mineral oils; recycling; and pharmaceuticals.
The plaintiffs allege that since at least October 1, 2015 until December 17, 2025, the defendants and senior executives of the corporate defendants participated in illegal and secretive meetings and made agreements relating to price targets, specific price increases, and market share divisions for Caustic Soda in North America, including Canada.
Class proceedings were commenced in the Federal Court on November 13, 2020 on behalf of a national class. Parallel class proceedings were also filed in Quebec on October 7, 2020 by Siskinds, Desmeules s.e.n.c.r.l. on behalf of a class of Quebec residents. These actions seek to recover damages on behalf of Canadians who purchased Caustic Soda and products containing caustic during the conspiracy period.
Developments
Federal Court Action
Settlement
A settlement in the amount of CAD$2,095,350 has been reached with the defendants in this action (Olin Corporation, K.A. Steel Chemicals, Inc., Olin Canada ULC, 3229897 Nova Scotia Co., Occidental Chemical Corporation, Oxy Canada Sales Inc., Westlake Chemical Corporation, Axiall Canada, Inc., Formosa Plastics Corporation, Formosa Plastics Corporation, U.S.A., Shin-Etsu Chemical Co., Ltd., and Shintech Incorporated).
The settlement must be approved by the Federal Court. The application for the approval of the settlement will be heard in the Federal Court on April 22, 2026, at 10:00 a.m.
At the approval hearing, the Federal Court will be asked to approve a method of distributing the settlement funds to eligible settlement class members. Please click here to view a copy of the Proposed Distribution Protocol.
Only settlement class members who purchased at least CAD$1,000,000 of Caustic Soda between October 1, 2015 and February 29, 2020 directly from a defendant are eligible to submit a claim. A charitable donation of $25,000 will be made to each of GlobalMedic and Food Banks Canada in lieu of payments to other class members.
Settlement Class Members have an opportunity to opt out of (exclude themselves from) the class action. Please review the Notice of Certification and Settlement Approval here for more information.
If approved, the settlement will resolve the litigation in its entirety.
Discontinuance
By Order dated December 15, 2022, the action was discontinued as against the defendant Occidental Petroleum Corporation. You can view of a copy of the Order here.
Quebec Action
On October 7, 2020 a similar class action was commenced in Quebec by Siskinds, Desmeules.
On December 10, 2021, the Quebec action was stayed by the Quebec Superior Court to give precedence to the Federal court class action. You can view a copy of the order by clicking here (French only).
Pursuant to the settlement reached in the Federal Court class action, the Quebec plaintiff will move to discontinue the Quebec Action.
FAQs
Who is affected by the Caustic Soda class action?
You are affected by the class action and are a “member” of the class if you are a person in Canada who purchased Caustic Soda and/or products containing Caustic Soda between October 1, 2015 and December 17, 2025.
Can I opt-out of the class action?
Yes. If you do not wish to participate in the class action (including the settlement), you can exclude yourself from the class action by completing and returning a written request to opt-out. The deadline for opting out of the class action is April 7, 2026. Further information is provided in the Notice of Certification and Settlement Approval Hearing which can be found here.
If you opt-out, you will not be able to participate in the settlement, but you may be able to pursue your claim on an individual basis.
I still have a question. Who should I contact?
For answers to common questions about class actions in Canada, such as timelines, eligibility, and settlement information, please visit our Class Action Lawsuit FAQ page.
Email us at [email protected] or contact us by phone at 519-672-2121 or toll free at 1-800-461-6066.
You may also contact our Quebec firm, Siskinds, Desmeules, by phone at 418.694.2009 or at the toll free number 1.877.735.3845 or by email at [email protected].
By emailing Siskinds, I agree that I have read and accept the Privacy Notice and Terms of Use, and I understand that my personal information will be collected, used, and/or disclosed (“processed”) to respond to my inquiry.
Documents
Federal Court Action
- Notice of Certification and Settlement Approval Hearing [English] [French]
- Proposed Distribution Protocol [English] [French]
- Settlement Agreement [English] [French].
- Certification and Notice Approval Order dated December 17, 2025 [English only]
- Discontinuance order against Occidental Petroleum Corporation dated December 15, 2022 [English only]
Quebec Action
- Stay Order - Quebec Superior Court - December 10, 2021 (in French only)