Competition Class Actions In Canada: The Supreme Court Resets The Ground Rules

In a landmark decision that was released this morning, the Supreme Court has revisited and reset the ground rules governing the availability of collective relief for consumers in Canada, particularly in respect of class actions that seek damages for anti-competitive harm. In its decision involving a twin set of appeals in Pioneer Corp. v Godfrey, the Supreme Court has provided critical new guidance and resolved appellate conflict on four fundamental issues relating to class certification and the scope of relief under the Competition Act, including the evidentiary standard of class certification, the ability of umbrella purchasers to assert a claim for damages, the ability of class members to pursue parallel claims in tort or restitution that fall outside the statutory remedy under the Competition Act (the Act) and finally, the operation of the statutory limitation period under the Act. Given the large number of pending class actions that have been filed in Canada on the