Request Denied: Bureau Finalizes Policy On Disclosure Of Its Files To Civil Litigants

In March, we reported that the Competition Bureau of Canada (Bureau) was soliciting comments on a draft bulletin concerning requests for disclosure by plaintiffs in follow-on competition law class actions. This November, the Bureau released the final form of its bulletin on such requests for information by private parties in proceedings under section 36 of the Competition Act (the Act).

Section 36 of the Act provides that any person who has suffered a loss or damages as a result of a breach of the Act's criminal provisions, or by a person's failure to comply with an order made under the Act can recover those amounts through a civil action. Section 36 has proven a fertile ground for class action plaintiffs who often issue claims after the Bureau has announced or conducted its investigation. While sections 29 and 10(3) of the Act require all inquiries to be conducted confidentially and in private, this has not stopped s. 36