The Federal Court has recently ruled that the discoverability rule does not apply to extend the limitation period applicable to private actions launched to recover damages caused by breaches of the Competition Act.

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In the last two years, there have been no abuse of dominance cases and one contested merger case, which was dropped. Recently, however, amendments to the Competition Act transfer jurisdiction over some anti-competitive agreements and price maintenance to the Tribunal.

This article reviews the cases in the Tribunal over the last two years and the recent amendments to the Competition Act, as they affect practice in the Tribunal.

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A proposed class action by purchasers of electronic goods containing DRAM memory chips would degenerate into a series of individual trials, the British Columbia Supreme Court has held in Pro-Sys Consultants Ltd. v. Infineon Technologies AG.2 Key issues, including whether the plaintiffs paid more because of price-fixing by manufacturers of the chips, could not be determined on a class-wide basis. The court thus refused to certify the action as a class proceeding.

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On September 19, 2008, the Supreme Court of Canada refused leave to appeal the approval of an all-encompassing restructuring plan for the Canadian market in Asset-Backed Commercial Paper and put an end to all legal challenges relating to what is now appearing to be merely the first Canadian chapter in a financial crisis that has since swept the globe.

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In its recent decision in Taub v. Investment Dealers Association of Canada, Ontario’s Divisional Court reined in an attempt by the Investment Dealers Association of Canada (now known as the Investment Industry Regulatory Organization of Canada, or IIROC) to discipline a former investment advisor, despite the fact that he had not been an IDA member for more than a year.

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