Canada’s Supreme Court Reshapes Consumer Class Actions and Clarifies the Test for Certification Across Canada

Earlier today, the Supreme Court of Canada released a trilogy of long-awaited class certification rulings that realigned the ground rules for the certification of consumer class actions in Canada, particularly in cases involving anti-competitive harm. In certifying two of the cases and rejecting certification of a third case, the Supreme Court accepted the standing of indirect purchasers to assert competition claims, but curtailed the ability of defendants to assert a "passing on" defence. More broadly, the Supreme Court clarified the evidentiary standard for certification under class proceedings legislation in common law provinces as well as in Québec. The Supreme Court also addressed the standard for certification in Canada relative to the United States in cross-border cases, examined the jurisdiction of the Québec courts over foreign-based conduct, and permitted the certification of certain claims in restitution, including waiver of tort. The rulings will have an