Litsa Kriaris

The plaintiffs in a proposed class action alleging a price-fixing conspiracy regarding packaged bread sought court approval of a third-party litigation funding agreement with Bentham.

The defendants largely did not object, except regarding a clause allowing Bentham to satisfy any security for costs order via an undertaking rather than paying into court.

The court found the funding agreement necessary for access to justice, fair and reasonable to the class, and approved the agreement, including the provision allowing an undertaking for security for costs.

The plaintiffs in a competition law class action regarding price-fixing of lithium-ion batteries brought a motion for consent certification for settlement purposes against two groups of defendants, NEC and Samsung.

The plaintiffs and the settling defendants reached settlement agreements and agreed on a plan for disseminating the notice of hearing for settlement approval.

The court found that the criteria for certification under section 5 of the Class Proceedings Act, 1992 were met in the settlement context and granted the motion to certify the action for settlement purposes.

The plaintiffs brought a motion to certify a class action against several manufacturers of lithium-ion batteries, alleging a price-fixing conspiracy that artificially inflated prices for direct and indirect purchasers in Canada.

The court certified the action solely for the statutory cause of action under section 36 of the Competition Act.

The court excluded 'umbrella purchasers' (those who bought from non-defendants) from the class, finding it plain and obvious they lacked a cause of action due to indeterminate liability and lack of restitutionary basis.

The court also declined to certify the common law claims for unlawful means conspiracy and unjust enrichment, holding that they were precluded by the comprehensive statutory scheme of the Competition Act.

The remaining certification criteria were met for the statutory claim.