Nicola Hartigan

The plaintiff sought to certify a class action on behalf of independent distributors who contracted with the defendants to deliver fresh bread products.

The plaintiff alleged the defendants breached their contracts and the Arthur Wishart Act by participating in and concealing an illegal price-fixing conspiracy.

The court found that the pleadings disclosed viable causes of action, there was an identifiable class, the claims raised common issues, a class action was the preferable procedure, and the representative plaintiff was suitable.

The motion for certification was granted.

This is a joint decision from the Supreme Court of British Columbia, Alberta Court of Queen’s Bench, Ontario Superior Court of Justice, and Superior Court of Québec concerning the administration and termination of the national Hepatitis C class action settlement.

Class Counsel sought orders approving a third pro rata payment from the PELD Fund, payment of class counsel disbursements, approval of administrative expenses, waiving a future audit, and a declaration terminating the Settlement Agreement.

The courts approved all requests, with a minor variation regarding the termination process, and also granted relief from forfeiture to a class member for a missed payment.