An Open Book: Canadian Courts Favor Disclosure In Antitrust Cases

In recent years, Canadian competition class-action jurisprudence has tilted in plaintiffs' favor. Canadian courts have recognized low thresholds for certification and allowed certification of indirect purchaser class-action lawsuits. This trend in Canadian jurisprudence has continued with two disclosure-related decisions within the past year. 

These decisions have important implications for US parties defending claims in Canada and US parties that are subject to Canadian antitrust investigations. The decisions are particularly notable in that documents and evidence that might not typically be disclosed in the US are indeed disclosable in Canadian class actions or to defendants in criminal proceedings.