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Price-fixing Class Actions: A Canadian Perspective

Prior to the enactment of class proceedings legislation in Canada, there were virtually no price-fixing cases commenced. Prior to 1993, when Ontario’s Class Proceedings Act was proclaimed into force, the complexity and expense associated with pursuing pricefixing litigation had rendered the justice system in Canada largely inaccessible to all but a few select persons harmed by the conspiracies. Without specific class proceedings legislation, it is the authors’ belief that Canadians would, like others around the world, have to rely on the U.S. courts to attempt to obtain recourse. Fortunately, Canadian courts have demonstrated that they have the ability to effectively provide justice for their citizens. In Canada, class proceedings provide those victimized by price-fixing conspiracies access to justice in an efficient manner. And, in 1999, the Siskinds firm filed the first of many class actions that focused on price-fixing cartels and the harm they caused to Canadians. Recent attempts to have the rights of international claimants adjudicated in U.S. courts have the potential to provide an alternative and likely beneficial route for Canadians. Given Canada’s unique situation, however, parallel proceedings with increased cooperation may be more appropriate. In the meantime, defendants seeking to