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Aggregate Assessment of Damages Allows Certification of Conspiracy Class Actions, Courts Hold

Ltd. v. Inc. and v. AG

In two recent decisions, the Ontario Superior Court and the of Appeal relied on the aggregate damages provisions of the Class Proceedings Act in their respective provinces to certify seeking damages for alleged conspiracies to fix prices for hydrogen peroxide and 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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(Published on pg 82, Canadian Competition Record, Winter 2010, Vol. 23, No. 3)

W. Michael G. Osborne
Affleck Greene McMurtry LLP

W. Michael G. Osborne

Michael Osborne is a former Partner of Affleck Greene McMurtry LLP

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