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Antitrust Litigation › Canada › Class Action

Davies Ward Phillips & Vineberg LLP

Class Action Grounded: Court Finds Insufficient Factual Basis for Airline Capacity Constraint Suit

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The Ontario Superior Court recently refused to certify a class action against four international airlines. The plaintiff alleged that the airlines conspired to constrain capacity for transborder travel between the United...more

Bennett Jones LLP

Class Actions: Looking Forward 2025

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We begin with developments of national significance. First, we discuss the amendments to the Competition Act which, effective June 2025, could open the door to a novel quasi-class action scheme entitling private plaintiffs to...more

Bennett Jones LLP

Raising the “Low Bar”: Plaintiffs Seek New Strategies to Prove Common Issues for Certification

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A plaintiff’s obligation to establish “some basis in fact” for a common issue is acknowledged as a low bar. Several Canadian appellate courts have, however, confirmed a “two-step test” as the standard analytical framework....more

Bennett Jones LLP

Competition Act Amendments Open Door to Quasi Class Actions

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Since 2022, the Government of Canada has substantially amended the Competition Act each year for three successive years. Among the many changes are a collection of related amendments which aim to expand access to the...more

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Ontario Court of Appeal Affirms that Class Actions Cannot be Certified Without Evidence of Common Issues

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In Lilleyman v Bumble Bee Foods LLC, 2024 ONCA 606, the Ontario Court of Appeal affirmed the motion judge’s dismissal of certification for a class action alleging price-fixing of canned tuna. The Court unanimously affirmed...more

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