Competition
The SCC’s decision Payette v. Guay and the Potential Implications for Bhasin v. Hrynew
In my previous post here on The Court, I discussed the upcoming appeal of Bhasin v. Hrynew, 2013 ABCA 98, and how the Supreme Court of Canada has an opportunity to clarify whether contractual interpretation should be guided primarily by the intention of the contracting parties at the time the agreement was made (the intentionalist […]
Lunchtime Price Gouging: A Possible Sandwich Conspiracy? Quizno's v 2038724 Ontario Ltd
This past summer, the Ontario Court of Appeal released their judgment on Quizno's Canada Restaurant Corporation v 2038724 Ontario Ltd, 2010 ONCA 466, which had a significant importance for those interested in Canadian class action suits. This decision marks the first time the Ontario Court of Appeal has certified a competition class action, and should be […]
What is next for antitrust class action suits after DRAM?
Unlike the US courts, which are recognized for certifying a multitude of class actions and awarding prodigious punitive damages, Canadian courts see a negligible number of class actions being brought forward. Class actions in Canada rarely proceed to a contested certification motion. They often reach the certification checkpoint and are denied certification on the basis […]