Andrea Leigh Dekay

The defendants sought leave to appeal a class action certification decision concerning alleged price-fixing of colour display tubes.

The motion for leave to appeal raised three main issues: whether an unlawful means conspiracy claim could be based on the Competition Act, whether "umbrella purchasers" had a viable cause of action, and whether the methodology for establishing class-wide harm met the "credible and plausible" standard.

The court granted leave to appeal on the issue of umbrella purchasers due to conflicting jurisprudence and concerns about indeterminate liability, but denied leave on the other two issues, finding the certification judge applied the correct test for common issues and that the Competition Act is not a complete code precluding common law claims.

The plaintiff in a class action regarding an alleged price-fixing conspiracy for cathode ray tubes sought approval of national settlement agreements with three groups of defendants (Toshiba, Hitachi, and LG) totaling over $14.3 million.

The plaintiff also sought approval of class counsel fees at 25% of the recovery, plus disbursements, and an order to discontinue the action against certain Samsung defendants.

The court approved the settlements, finding them fair, reasonable, and in the best interests of the class.

The court also approved the requested fees, noting the risks undertaken by class counsel, and permitted the discontinuance.

The plaintiffs and defendants both sought leave to appeal an order certifying a class action regarding an alleged global price-fixing conspiracy in the lithium-ion battery industry.

The plaintiffs sought leave to appeal the denial of certification for claims relating to unlawful means conspiracy and umbrella purchasers.

The defendants sought leave to appeal the certification of the civil remedy claim under s. 36 of the Competition Act.

The Divisional Court granted the plaintiffs' motion for leave to appeal, finding conflicting decisions and that the issues merited appellate attention.

The defendants' motion for leave to appeal was denied, as they failed to establish conflicting decisions or reason to doubt the correctness of the certification order.

The appellants appealed an order refusing to enjoin the respondents from pursuing a motion in the United States to access testimony and documents obtained through the US discovery process.

The Court of Appeal dismissed the appeal, finding no comity concerns or overriding policy issues that would warrant an injunction.

The Court held that the respondents were legitimately attempting to gather evidence in a foreign jurisdiction according to its rules, and that the US judge was in the best position to determine whether and how to vary the protective order.