McKesson Corporation and McKesson Canada Corporation

Acting for McKesson Corporation and McKesson Canada Corporation to defend a high-profile proposed class action brought by the Province of British Columbia on behalf of all Canadian provincial governments, as well as the Federal government, against manufacturers and distributors of opioids seeking to recover health care costs related to the opioid crisis. Also acting for McKesson in additional opioid-related proposed class actions.

Canadian Real Estate Association

Acting for the Canadian Real Estate Association (CREA) to defend a proposed class action in the Federal Court alleging that CREA’s rule regarding broker commissions is anti-competitive.

Mohawk Industries Inc.

Acting for Mohawk Industries Inc. in defence of a proposed class action in Ontario alleging anti-competitive conduct in the condominium refurbishment industry.

National Beef Packing Company

Acting for National Beef Packing Company in antitrust class actions commenced in Québec and British Columbia alleging a supply and price-fixing conspiracy in respect of cattle and beef.

SK hynix Inc. and SK hynix America Inc.

Successfully represented SK hynix Inc. and SK hynix America Inc. in their defence of multiple class actions across Canada alleging anticompetitive conduct in respect of the sale of dynamic random-access memory (DRAM) chips, including with respect to cross-border issues arising out of parallel U.S. class actions. Davies successfully defeated certification in the Québec Superior Court, the Quebec Court of Appeal, the Federal Court of Canada and the Federal Court of Appeal, a result that is rarely seen in competition class actions.

Occidental Chemical Corporation and Oxy Canada Sales Inc.

Acting for Occidental Chemical Corporation and Oxy Canada Sales Inc. in antitrust class actions commenced in the Federal Court of Canada and in Québec, alleging that Occidental, together with a number of other chemical manufacturers, engaged in a price-fixing conspiracy in connection with the global sale of caustic soda, also known as sodium hydroxide (NaOH) or lye.

Lerøy Seafood Group

Acting for Lerøy Seafood Group, a seafood production and distribution company based in Bergen, Norway, in defending a proposed Federal Court of Canada class action, which alleges that Lerøy and the other defendants colluded to fix the global and North American supply and prices of salmon.

Denso Corporation

Acting for Denso Corporation (and related entities) in its defence of dozens of class actions commenced across Canada alleging anti-competitive conduct in respect of the sale of various automotive parts, including contested certification proceedings and with respect to cross-border issues arising out of parallel U.S. class actions.

LG Chem America, Inc.

Acted for LG Chem America, Inc. in its defence of multiple class actions commenced across Canada alleging anti-competitive behaviour in the market for rechargeable lithium-ion batteries, including contested certification proceedings before the Ontario Superior Court of Justice and Court of Appeal.

Canadian Real Estate Association

Acted for the Canadian Real Estate Association, an intervener in proceedings brought by the Commissioner of Competition against the Toronto Real Estate Board, including a hearing and rehearing before the Competition Tribunal in 2012 and 2015, two appeals decided by the Federal Court of Appeal and two applications for leave to appeal to the Supreme Court of Canada. Issues include privacy rights of consumers, copyright protection in property information databases and whether certain rules on the display of certain property information on portions of an internet website amounted to abuse of dominance.

Hearing Panel of the Patented Medicine Prices Review Board

Acted as counsel to the Hearing Panel of the Patented Medicine Prices Review Board in two proceedings which determined whether Soliris and Procysbi, rare disease medicines, are excessively priced.

General Motors Financial

Acting for General Motors Financial in defending a class action claiming damages resulting from an alleged privacy breach concerning customer information.

LG Electronics

Acted for LG Electronics and its Canadian and U.S. subsidiaries in multiple class actions commenced across Canada. The class actions alleged that LG and a number of other electronics companies engaged in a price-fixing conspiracy in connection with the sale of optical disk drives and products containing them, and included a certification motion in the British Columbia Supreme Court and subsequent appeal in the British Columbia Court of Appeal and Supreme Court of Canada.

Mars, Incorporated

Acted for Mars Canada in defence of criminal proceedings under the Competition Act alleging charges of price-fixing of chocolate confectionery products in Canada and in follow on class actions commenced across Canada.

Association of Chartered Certified Accountants

Acted as co-counsel for the Association of Chartered Certified Accountants in respect of trademark claims and antitrust defences against certain provincial Chartered Accountant and Chartered Professional Accountant institutes in Federal Court.

Beaverbrook (U.K.) Foundation

Acted for the Beaverbrook (U.K.) Foundation in closely watched trial and appellate arbitration proceedings that were held in public in New Brunswick concerning the ownership of numerous valuable works of art acquired by the Beaverbrook (U.K.) Foundation between 1954 and 1965 that are currently housed at the Beaverbrook Art Gallery in Fredericton. This case was the subject of extensive media coverage throughout Canada, including a lengthy book written by a reporter from the Canadian Broadcasting Corporation.

Agricore United

Acted for Agricore United in a proceeding brought by the Commissioner of Competition before the Competition Tribunal arising out of the acquisition by United Grain Growers of Agricore Cooperative.

Kamaya Electric Co. Ltd. and Kamaya, Inc.

Acted for Kamaya Electric Co. Ltd. and Kamaya, Inc. in a class action alleging price-fixing in respect of linear resistors sold directly and indirectly into the Canadian market. 

StarKist Company and Dongwon Industries Company Limited

Successfully represented StarKist Company and Dongwon Industries Company Limited in class action proceedings commenced in Ontario alleging anti-competitive behaviour in the market for canned tuna. Davies successfully defeated certification in the Ontario Superior Court.

The Canadian Chamber of Commerce

Acted for the Canadian Chamber of Commerce, an intervener, in appeals decided by the Supreme Court of Canada on September 20, 2019, arising from class action proceedings alleging a global, criminal price-fixing cartel in respect of optical disc drives, which clarified the standard for class certification in competition class actions, and settled long-standing issues concerning the applicability of limitation periods to the cause of action under s. 36 of the Competition Act and whether "umbrella purchasers" have a cause of action.

Canadian Chamber of Commerce

Acted for The Canadian Chamber of Commerce, an intervener, in appeals heard by the Supreme Court of Canada in December 2018 arising from class action proceedings alleging a global, criminal price-fixing cartel in respect of optical disc drives, which resolves the standard for class certification in indirect purchaser cases, and settled long standing issues concerning the applicability of limitation periods to the cause of action under s. 36 of the Competition Act and whether "umbrella purchasers" have a cause of action.

Japan Airlines

Acted for Japan Airlines International Co., Ltd. in its defence of class actions across Canada alleging price fixing in respect of, among other things, fees for passenger airfares.

Unisource Canada, Inc.

Acted for Unisource Canada, Inc. in its defence of multiple class actions across Canada alleging a price-fixing conspiracy in respect of carbonless paper.

Tenneco Inc., Tenneco Packaging and Packaging Corporation of America

Acted for Tenneco Inc., Tenneco Packaging Co. and Packaging Corporation of America in their defence of a class action alleging a price fixing conspiracy and Competition Act violations in respect of linerboard.

E.I. Dupont De Nemours/DAK Americas

Acted for E.I. Dupont De Nemours and DAK Americas in their defence of multiple class actions across Canada alleging price fixing in the polyester staple industry.

Former members of the Audit Committee of Philip Services

Acting for former members of the Audit Committee of Philip Services in a class action claim for over $1 billion in damages.

Top Court Expands Scope of Potential Liability in Price-Fixing Class Actions

Sept. 24, 2019 - The Supreme Court of Canada has released its long-awaited decision in two companion appeals that have significant implications for class actions alleging conduct that contravenes the criminal provisions found in Part VI of the Competition Act (Act). In its decision in Pioneer...

Canadian Bar Association, Competition Law Spring Conference, “Class Actions & Private Enforcement of the Act”; Toronto, ON

May 07, 2019

Chair, The Advocates’ Society and the American College of Trial Lawyers, Spring Symposium 2019; Toronto, ON

Apr. 24, 2019

Court of Appeal Opens the Floodgates to Umbrella Purchaser Claims in Ontario (For Now)

Oct. 26, 2018 - In Shah v LG Chem Ltd., the Court of Appeal for Ontario considered whether “umbrella purchasers” can assert statutory and common law claims in connection with alleged price-fixing conspiracies. Umbrella purchasers are those who purchase products directly or indirectly from...

Co-chair, Law Society of Ontario, “12 Minute Civil Litigator”; Toronto, ON; Annual

Sept. 18, 2018

The Advocates’ Society, The Resilient Litigator, “Dealing with Difficult People – Practical Tips and Strategies”; Toronto, ON

July 19, 2018

Chair, The American College of Trial Lawyers and The Advocates’ Society, “Spring Symposium 2018 – The Advocate Matters”; Toronto, ON

Apr. 25, 2018

Sandra Forbes Talks to Canadian Lawyer About Multijurisdictional Class Proceedings in Canada

Feb. 12, 2018 - In an article (available to subscribers) published recently in Canadian Lawyer, Davies partner Sandra Forbes spoke about current issues facing the class action litigation bar, particularly with respect to multijurisdictional class proceedings. The general consensus is that the Supreme...

Co-chair, The Law Society of Upper Canada, “12 Minute Civil Litigator”; Toronto, ON; Annual

Sept. 14, 2017

The Advocates’ Society, Competition Law For Advocates, “Advocacy in Civil Competition Matters”; Toronto, ON

Apr. 25, 2017

Moderator, UJA Federation/CIJA, Combating Hate Speech and Antisemitism – Legal Perspectives, “Panel Discussion on Law Society Statement of Principles”; Toronto, ON

Feb. 13, 2017

The Advocates’ Society, Interviewing Skills: Gathering The Best Evidence For Your Case, “Evidentiary, Ethical and Other Legal Considerations”; Toronto, ON

Nov. 04, 2016

Co-chair, The Law Society of Upper Canada, “The Twelve-Minute Civil Litigator”; Toronto, ON; Annual

Sept. 15, 2016

Moderator, Osgoode Hall Law School, 2016 Annual Winkler/IAM/Osgoode Professional Development Conference on Mediation, “The Unsettleable Case – Counsel’s Perspective”; Toronto, ON

May 12, 2016

The Advocates’ Society, Competition Law for Advocates Program, “Advocacy in Civil Competition Matters”; Toronto, ON

Mar. 07, 2016

Panelist and Demo, The Advocates’ Society, Civil Litigation Skills Certificate Program: Examining and Cross-examining Experts, “Practical Tips for Conducting an Effective Cross-Examination of an Expert”; Toronto, ON

Feb. 09, 2016

Co-chair and moderator, The Advocates’ Society, “Putting Theory into Practice: Exercising Professionalism and Civility”; Toronto, ON

Dec. 10, 2015

Canadian Bar Association, Competition Section Fall Conference, “Disclosure and Privilege in the Practice of Competition Law in Canada”; Ottawa, ON; Oct. 01 & 02, 2015

Oct. 01, 2015

Co-chair, The Law Society of Upper Canada, “The Twelve-Minute Civil Litigator”; Toronto, ON; Annual

Sept. 18, 2015

Respondents in Conspiracy Prosecution Have Right to Information Obtained Under Competition Bureau’s Immunity and Leniency Programs

Feb. 06, 2015 - On February 4, 2015, the Ontario Superior Court of Justice ruled that relevant factual information proffered to the Crown in order to qualify for immunity or leniency under the Competition Bureau’s cartel Immunity and Leniency Programs is not protected from disclosure to accused persons by either...

Moderator, Osgoode Hall Law School, Osgoode Professional Development’s 13th National Symposium on Class Actions, “Carts Before Horses? The Latest on Pre-Certification Motions”; Toronto, ON

Apr. 21, 2014