• About
  • Offices
  • Careers
  • News
  • Students
  • Alumni
  • Payments
  • FR
Background Image
Bennett Jones Logo
  • People
  • Expertise
  • Knowledge
  • Search
  • FR Menu
  • Search Mobile
A B C D E F G H I J K L M N O P Q R S T U V W X Y Z
View all
Practices
Corporate Litigation Regulatory Tax View all
Industries
Capital Projects Energy Funds & Finance Mining View all
Advisory
Crisis & Risk Management ESG Strategy and Solutions Governmental Affairs & Public Policy
View Client Work
International Experience
Insights News Events
New Energy Economy Series Business Law Talks Podcast Economic Outlook
ESG & the CIO Subscribe
People
Practices
Industries
Advisory Services
Client Work
About
Offices
News
Careers
Insights
Law Students
Events
Search
Alumni
Payments
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
 
Blog

Canadian Court Certifies Visa/Mastercard Class Action Critical Takeaways

March 28, 2014

Written By Emrys Davis

Yesterday, Chief Justice Bauman released public reasons certifying the Visa/MasterCard price-fixing class actions. Our full update on his decision is available here. But the critical takeaways from his decision are as follows:
  1. Plaintiffs can't link non-statutory claims (like tort and restitutionary claims) to breaches of the Competition Act. When the Competition Act makes conduct, such as price-fixing, unlawful, plaintiffs may only pursue remedies for that unlawful conduct under the statutory cause of action in the Competition Act. They cannot also argue that those unlawful acts found causes of action for parasitic tort claims like unlawful means conspiracy, unjust enrichment and waiver of tort.
  2. Minimal scrutiny of expert evidence does not mean no scrutiny. Rather, certification judges may consider evidence from defendants' experts and evaluate whether they have exposed any fatal flaws in the plaintiff's expert evidence that have gone unanswered. But so long as plaintiff's expert answers those criticisms, plaintiffs will likely meet the "some basis in fact" test for commonality of loss-based issues.
  3. This decision continues the trend in which the courts appear determined to lower the bar to certification, avoid any assessment of the merits at the certification stage, and push class actions toward a determination on the merits. As a result, tenuous claims may face more motions for summary judgment on the heels of certification.

Download PDF

Author

  • Emrys  Davis Emrys Davis, Partner

Celebrating our Centennial Chronicle

Related Links

  • Insights
  • Media
  • Subscribe

Recent Posts

Blog

Force Majeure Clauses and COVID-19 Pandemic Impacts—An [...]

March 24, 2023
       

Blog

Canada's Underused Housing Tax: What You Need to Know Before May 1, 2023

March 23, 2023
       

Blog

Canadian Securities Regulators Announce Increased [...]

March 23, 2023
       

Blog

Unpaid Municipal Taxes Will Impact New AER Licences and Licence Transfers

March 22, 2023
       

Blog

Application of Statutory Bar to Workplace Bullying and Harassment Claims

March 20, 2023
       
Bennett Jones Centennial Footer
Bennett Jones Centennial Footer
About
  • Leadership
  • Diversity
  • Community
  • Innovation
  • Security
  • History
Offices
  • Calgary
  • Edmonton
  • Montréal
  • Ottawa
  • Toronto
  • Vancouver
  • New York
Connect
  • Insights
  • News
  • Events
  • Careers
  • Students
  • Alumni
Subscribe

Stay informed on the latest business and legal insights and events.

LinkedIn LinkedIn Twitter Twitter Vimeo Vimeo
© Bennett Jones LLP 2023. All rights reserved.
  • Privacy Policy
  • Disclaimer
  • Terms of Use
Logo Bennett Jones