The plaintiffs in a certified price-fixing class action moved to amend the class definition to shorten the class period and exclude indirect purchasers of products containing hydrogen peroxide.
The remaining defendants did not oppose the amendment but argued it constituted a dismissal or discontinuance entitling them to costs, and requested the appointment of a new representative plaintiff.
The court granted the amendment, finding that the Supreme Court of Canada's trilogy on indirect purchasers justified the change.
The court rejected the defendants' arguments for costs, holding that the amendment fell under section 28(1)(b) of the Class Proceedings Act and was not an adjudication on the merits.
