On March 25, 2020, Siskinds Desmeules, the Quebec firm affiliated to Siskinds, filed a proposed class action lawsuit against some of the biggest farmed Atlantic salmon producers in the world, namely Grieg Seafood ASA, Lerøy Seafood Group ASA, Mowi ASA, Ocean Quality AS, Salmar ASA, Scottish Sea Farms Ltd and their North American subsidiaries (“the Defendants”).
Siskinds LLP has joined a federal court class action against the same Defendants, in addition to Alasker AS, Bremnes Seashore AS, Cermaq Group AS, Nordlaks Holding AS, Nova Sea AS and their North American subsidiaries. The Federal Court class action is on behalf of all Canadian residents.
The proposed actions allege that the Defendants unlawfully conspired to fix, increase, and/or maintain the price of farmed Atlantic salmon and its derived products sold in North America, including Quebec, between April 10, 2013 and the present.
These proposed actions seeks to represent all persons who purchased farmed Atlantic salmon and/or its derived products in Canada. These proposed class exclude the Defendants, their parent companies, subsidiaries and affiliated.
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Developments
The salmon class actions are in the early stages of proceedings. They have not yet been certified or authorized by the Courts.
The next step in the litigation will be the certification motion in federal court. At the certification motion, the court will determine whether the action should properly proceed as a class action. The certification hearing is scheduled to be heard June 12-15, 2023.
Federal Court Discontinuances
The action was discontinued as against the following defendants:
- Scottish Sea Farms Ltd by Order dated November 2, 2021
- Alsaker AS, Alsaker Fjordbruk AS, and Bremnes Seashore AS by Order dated April 6, 2022
- Nordlaks Holding AS and Nordlaks Oppdrett AS by Order dated November 24, 2022
Quebec Action
On November 30, 2021, the Superior Court of Quebec issued a judgment discontinuing the motion against Scottish Sea Farms Ltd. A copy of the judgment authorizing the discontinuance is available here (French only). Copy of the notice of discontinuance is available here (French only).
On December 1, 2021, the Quebec action was stayed by the Superior Court of Quebec to give precedence to the Federal court class action. You can view a copy of the order by clicking here (French only).
FAQs
What is a class action?
A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does “certification” mean?
Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Who is affected by the Salmon class action?
You are affected by the class action and are a “member” of the class if you are a person in Quebec who between July 1, 2015 and the present purchased farmed Atlantic salmon and/or its derived products.
Can I join the class action?
There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action).
Can I opt-out of the class action?
Yes. Once the class action has been authorized, you will have the opportunity to opt-out of the class action within a period of time to be determined by the Court. If you exclude yourself, you will not be entitled to any compensation awarded under a settlement agreement or court order. You may however pursue your own action on an individual basis.
Generally, class members will wish to exclude themselves from a class action if they intend to bring their own individual action. In the majority of cases, it will be more economical to participate in the class action because the legal costs will be shared among a very large number of people.
What should I do to protect my rights?
To protect your rights, you should:
- Keep records of any purchases of farmed Atlantic salmon or its derived products since April 10, 2013.
- Register to receive updates on this case by filling out the form below.
All personal information provided to Siskinds will be kept private and confidential.
I still have a question. Who should I contact?
If you have any other questions, please complete the Get in touch form below.
For information in French or to contact our Quebec office, Siskinds, Desmeules, call us at 418-694-2009 or at the toll-free number 1-877-735-3845 or email us at [email protected].
Documents
Quebec Class action
- Application for authorization to institute a class action - March 25, 2020 (French only)
- Discontinuance judgment against Scottish Sea Farms Ltd. - Superior Court – November 30, 2021 (French Only)
- Notice of discontinuance against Scottish Sea Farms Ltd– December 6, 2021 (French only)
- Stay order of the Quebec action - Superior Court – December 1 2021 (French Only)
Federal Court Class action