Courts in two Canadian cases have recently made it easier to certify direct and indirect-purchaser class actions seeking damages for alleged price fixing. Formerly, the difficulty of proving damages suffered by indirect purchasers on a class-wide basis was a major impediment…

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Michael Osborne of Affleck Greene McMurty LLP, is scheduled to speak at the
Kingston and the 1000 Islands Legal Conference

The conference is held October 1 and 2, 2010 in Gananoque, Ontario.

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Michael Osborne of Affleck Greene McMurty LLP, is scheduled to speak at the
Advocates' Society Fall Forum 2010

The conference is held October 22-23, 2010 in Niagara-on-the-Lake, Ontario.

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Michael Osborne of Affleck Greene McMurty LLP, is scheduled to speak at the
Canadian Institute's 10th Annual Advanced Administrative Law & Practice

The conference is held October 26-27, 2010 in Ottawa, Ontario.

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In two recent decisions, the Ontario Superior Court and the British Columbia Court of Appeal relied on the aggregate damages provisions of the Class Proceedings Act in their respective provinces to certify class actions seeking damages for alleged conspiracies to fix prices for hydrogen peroxide and DRAM memory chips. In doing this, both courts side-stepped the requirement in the aggregate damages provisions that liability must be proved before damages can be assessed in the aggregate. A close examination of the decisions suggests, however, that the courts have in effect done away with this statutory requirement.

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