The plaintiff brought a motion to certify two proposed class actions alleging a price-fixing conspiracy in the Canadian canned tuna market.
The plaintiff alleged that the defendants conspired to fix prices of canned tuna sold in Canada, relying on findings from US antitrust proceedings.
The court dismissed the certification motion, finding no basis in fact that the alleged conspiracy existed in Canada.
The court held that the plaintiff failed to satisfy the cause of action, common issues, and preferable procedure criteria, as the market structure and participants in Canada were different from those in the US, and the plaintiff's expert evidence was based on incorrect factual assumptions.
