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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Regulation – Court decisions arising from private litigation under the common law (in Quebec, the Civil Code), and statutory remedies that supplement the common law, are an essential and often overlooked component of the regulation of businesses in Canada.

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In its recent decision in Chadha v. Bayer Inc., the Ontario Court of Appeal upheld the Divisional Court’s refusal to certify a class of indirect purchasers of pigments used to colour bricks. The Supreme Court of Canada denied leave to appeal on July 17, 2003.

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