The Quebec Superior Court recently granted an unusually strict protective order to defendants in a class action to prevent evidence from the class action finding its way into parallel criminal proceedings against them. The defendants are a group of gas station owners (both corporations and individuals) who have been charged with conspiring to fix retail [...]

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In a recent decision, the Federal Court of Canada enforced a class action waiver and an arbitration clause in a private action under section 36 of the Competition Act.[1] The decision is significant because it clearly states two important principles: Class action waivers will be enforced unless they are contrary to statute Claims alleging breaches [...]

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On December 1, 2011, the Supreme Court of Canada agreed to hear appeals in two cases that raise the issue: can indirect purchasers sue to recover losses arising from a price fixing conspiracy?[i] This issue has bedevilled Canadian courts for years. Direct purchasers are purchasers who buy directly from the participants in a price fixing [...]

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An Alberta court has held that a decision by joint operators of an oil field to sole source a contract constituted a conspiracy contrary to section 45 of the Competition Act, a criminal offence, and awarded damages to the company that lost out on the business.

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Doing business in the US can be very lucrative. But Canadian (and other foreign) companies and their executives that engage in corrupt practices there can expect to face serious penalties there.

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