Discoverability, continuing effects, and Competition Act limitation periods
In a recent decision, the Federal Court of Appeal left open the possibility that the discoverability principle may apply to the two-year limitation period established for private actions under section 36 of the Competition Act, but confirmed that the effects of a conspiracy are not a part of the offence and thus do not extend the limitation period. This decision has important implications for private actions under the Competition Act and possibly also for prosecutions of international conspiracies. Garford Pty Ltd. sued Dywidag Systems International, Canada Ltd. in August, 2008, for allegedly engaging in conspiracy and price fixing during negotiations ... [more]
Law suit alleging defamation by Competition Bureau allowed to proceed
Wayward Fiduciary entitled to receive bonus from former Employer, says Court of Appeal
The Court of Appeal’s decision in Mady Development Corp. v. Rossetto, 2012 ONCA 31, reaffirmed the principle that equitable relief is always discretionary and fact specific. [more]
New conspiracy provision of the Competition Act in action
Quebec court raps plaintiffs’ knuckles
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