On July 7, 2026, the Ontario Superior Court of Justice dismissed a motion1 to certify a national class proceeding alleging the defendants engaged in unlawful price-fixing conspiracy to fix or manipulate the prices of fragrance products contrary to the Canadian Competition Act (“Act”).2
In dismissing the motion, the court provides important commentary on the “some basis in fact” test set out by the Supreme Court of Canada in Hollick,3 the minimum evidentiary threshold required to certify a putative class pursuant to section 5.1 of the Ontario Class Proceedings Act (“CPA”),4 along with the role of foreign regulatory investigations when alleging offences under Canadian competition legislation.
