July 29, 2020 - In Atlantic Lottery Corp. Inc. v Babstock, 2020 SCC 19 (Babstock), the Supreme Court of Canada (SCC) clarifies the contentious doctrine of “waiver of tort” and provides helpful guidance on the way courts should assess novel claims at the stage of certification of a proposed...
Indirect Purchaser Claims
In its first decisions in over 20 years addressing private competition law claims, the Supreme Court of Canada found that indirect purchasers (such as consumers and retailers) are entitled to assert claims for damages and restitution in class actions relying upon alleged competition law offences. This article discusses the significance of these highly anticipated decisions (Infineon Technologies AG v Option Consommateurs 2013 SCC 59; Pro-Sys Consultants Ltd v Microsoft Corporation 2013 SCC 57; and Sun-Rype Products Ltd v Archer Daniels Midland Company 2013 SCC 58) and what the implications could be for competition policy and class certification in Canada.
July 03, 2020 - The Supreme Court of Canada has released its highly anticipated decision in Uber Technologies Inc. v David Heller (Uber), ruling that a proposed class action on behalf of Uber drivers can proceed despite an arbitration clause contained in the standard form agreement between drivers...