Denes Agay Rothschild

This decision concerns a motion for pre-approval of a settlement in a national class action alleging price fixing in the packaged bread market in Canada.

The Ontario plaintiffs reached a $500 million settlement in principle with several defendants, including Loblaw Companies Limited and George Weston Limited, subject to court approval in both Ontario and Quebec.

The court approved the notice plan, opt-out and objection procedures, and the appointment of a settlement administrator, and set a hearing date for final approval.

The order amends the class definition and certification for settlement purposes only, and provides for the administration and notice of the settlement to class members.

This appeal concerns the applicable test for determining jurisdiction over absent foreign claimants (AFCs) in a class action involving allegations of conspiracy to fix prices of air freight shipping services for shipments from or to Canada between 2000 and 2006.

The motion judge had rejected the real and substantial connection test and held that jurisdiction could only be established if AFCs were present in Ontario or had consented to the court's jurisdiction.

The motion judge also declined to exercise jurisdiction on the basis of forum non conveniens.

The Court of Appeal allowed the appeal, holding that the real and substantial connection test applies to class actions involving AFCs and that jurisdiction may be established where there is a real and substantial connection between the subject matter and Ontario, common issues exist between representative plaintiffs and AFCs, and procedural safeguards of adequate representation, notice, and opt-out rights are provided.

The court also found that forum non conveniens did not apply as no clearly more appropriate forum existed.