The final settlements were approved yesterday in a series of settlements that represent the second-largest recovery in Canadian competition class action history. Pro-sys Consultants Ltd. v. Infineon Technologies AG et al, 2014 BCSC 1936 alleged a price-fixing conspiracy among international manufacturers of dynamic random access memory (DRAM), a semiconductor memory product that provides high speed storage and retrieval of information found in computers, servers and other electronic equipment. The class includes purchasers at all levels of the distribution chain. Analogous proceedings were also brought in Ontario and Quebec.… Continue Reading
Outside of Canada, there were several appeal decisions from the U.S. Supreme Court in 2013 that may well prove to have an impact here in Canada.
In regards to class action waiver clauses, a six justice majority of the U.S. Supreme Court held, in American Express Co. v. Italian Colors Restaurant, that the Court could not invalidate an express class action waiver in an arbitration agreement and so the claims should be continued by arbitration (although, the three remaining justices handed down a very strong dissent). This is an issue that has had little comment so far in Canada and has yet to be considered by our own Supreme Court. … Continue Reading
The answer, of course, is yes – if your company does business in Canada, it is almost by definition a target for entrepreneurial plaintiff-side class actions lawyers. This is particularly true if your company does business in one of Canada’s class actions havens, like the province of British Columbia.
The better question is whether or not your company is a “high-risk” class actions target.
Your company may be a “high-risk” target if any of the following apply to it:your company, or a related company, has been the subject of a class action in the U.S. or elsewhere in Canada. Canadian plaintiff-side class actions lawyers make excellent use of precedent proceedings (and settlements) – in fact, in many cases, Canadian plaintiff-side class actions lawyers enter into formal collaborations with their U.S.… Continue Reading