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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The Ontario Court of Appeal shed new light on the standard of review for international arbitrations in United Mexican States v. Cargill, Inc. Courts must review an arbitral tribunal’s assumption of jurisdiction on a correctness standard. But the merits of the tribunal’s decision attract the utmost deference. The Court found that the NAFTA Chapter 11 Arbitral Tribunal under review correctly assumed its jurisdiction, upholding the Tribunal’s $77.3 million award against Mexico.
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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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A recent decision from the Ontario Superior Court pits Marineland against Seaworld in a battle of contractual interpretation and the application of foreign law for possession of Ikaika, a killer whale. Ikaika was born in Orlando, Florida in 2002, but since 2006 has been residing in the Marineland facilities in Niagara Falls, Ontario, subject to a Breeding Loan Agreement. In December 2010, Seaworld gave written notice that they wanted their whale back. Marineland refused, so Seaworld launched an application seeking immediate possession.
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