Case information

Private international law — Jurisdiction — Class actions — Certification of national class action alleging applicants engaged in international price-fixing conspiracy — Application to stay or dismiss proceedings on basis court lacked territorial competence or jurisdiction dismissed and proceedings certified as multi-jurisdictional class proceeding — Whether private international law rules in Canada permit universal jurisdiction based on damage sustained in jurisdiction or plaintiff’s residence, and nothing more — Court Jurisdiction and Proceedings Transfer Act, S.B.C. 2003, c. 28.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

These appeals arise out of the certification of a national class action alleging that the applicants engaged in an international price-fixing conspiracy. The claim alleges common law conspiracy, a cause of action under s. 36 of the Competition Act, R.S.C. 1985, c. C-34, restitution and unjust enrichment.

The applicants brought an application to stay or dismiss the proceedings on the basis the court lacked territorial competence or jurisdiction.

The courts below dismissed the jurisdictional challenge and certified the proceedings as a multi-jurisdictional class proceeding under the Class Proceedings Act, R.S.B.C. 1996, c. 50.