Court Of Appeal Rules Competition Act Is Not A Complete Code, Discoverability Principle Applies

On August 11, 2016, the Ontario Court of Appeal (Court) provided guidance on the limitation period in section 36 of the Competition Act? (Act) and whether the Act removes plaintiffs' ability to seek damages under common law for violations of the Act's criminal provisions. In Fanshawe College of Applied Arts and Technology v. AU Optronics Corporation (Fanshawe), a class action alleging price-fixing with respect to LCDs, the Court ruled that the limitation period does not begin to run until the conduct forming the basis for the cause of action is discoverable and the common law claim of unlawful means conspiracy, based on a breach of the Act, is not foreclosed by the Act.

BACKGROUND