Fairhurst V. De Beers Canada Inc., 2012 BCCA 257

In this decision, the British Columbia Court of Appeal (BCCA) upheld the lower court's decision that there was a real and substantial connection between British Columbia and the allegations of criminal anti competition conspiracy advanced in this proposed class action, demonstrating the willingness of courts to take jurisdiction even in cases where the alleged activities of mining companies appear far remote from the harm alleged to have been suffered. Although decided under British Columbia's Court Jurisdiction and Proceedings Transfer Act (Act), the principles underlying the Act are similar to those recently adopted by the Supreme Court of Canada (SCC) in Van Breda (see below).

The allegation made by the plaintiff in this action is that the defendants conspired with one another to drive up the price of gem grade diamonds sold in Canada and British Columbia, thereby causing harm to consumers.