R. Mogerman

The plaintiff brought a motion on consent to certify a multi-jurisdictional class action for settlement purposes and to approve the notices of hearing and dissemination plan.

The action alleged a conspiracy by the defendants to fix the price of gem grade diamonds.

The court granted the motion, finding that the certification criteria under section 5 of the Class Proceedings Act were met and that the proposed notices and dissemination plan were adequate.

The plaintiff sought to certify a class action against the defendants for allegedly conspiring to fix prices of cathode ray tubes (CDTs) and colour picture tubes (CPTs).

The plaintiff asserted causes of action under the Competition Act and for common law unlawful means conspiracy, including claims on behalf of umbrella purchasers.

The court found that the pleadings disclosed a reasonable cause of action, an identifiable class existed, the claims raised common issues, a class proceeding was the preferable procedure, and the litigation plan was workable.

The motion for certification was granted.