Davit Darcy Michael Akman

The defendants in a class action sought a pause in proceedings, including the adjournment of a certification motion, pending a Supreme Court of Canada judgment in *Toshiba Corporation v Godfrey*.

The SCC decision was expected to clarify key issues relevant to class certification in price-fixing cases, specifically regarding "umbrella purchasers" and the economic methodology for proving common impact for indirect purchasers.

The court granted the motion, finding that a temporary pause would prevent the need for redoing expert reports and ensure the certification motion was based on the most current state of the law, thereby promoting the expeditious and efficient conduct of the litigation.

The Immunity Applicant Witnesses sought a declaration of informer privilege in an ongoing Competition Act inquiry into alleged price-fixing.

The Commissioner of Competition opposed, arguing that applying informer privilege would compromise the operation of the Immunity Program.

The court found that informer privilege attached to the witnesses from the outset of their participation in the Immunity Program due to broad confidentiality assurances.

However, the court also concluded that the witnesses had made a clear, express, and informed future waiver of this privilege, effective only if and when they are called to testify at a trial.

The application for informer privilege was granted, but with the condition of future waiver for trial testimony.