The plaintiff sought to certify a class action against the Dow defendants for an alleged price-fixing conspiracy in the market for polyether polyol products.
The court reviewed the requirements for certification under the Class Proceedings Act, 1992, in light of recent Supreme Court of Canada jurisprudence on indirect purchaser claims.
The court found that the pleadings disclosed a cause of action, there was an identifiable class, common issues existed with a plausible methodology for proving class-wide loss, a class action was the preferable procedure, and the plaintiff was a suitable representative.
The motion for certification was granted.
