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ARTICLE · 20 JULY 2013

First Use of the Multijurisdictional Class Action Protocol in a Settlement

Osmun v. Cadbury Adams Canada Inc., 2012 ONSC 3837, marks the first use of Canada’s Multijurisdictional Class Action Protocol.

CanadaLitigation, Mediation & Arbitration

Co-author: Rory Wasserman (Student-at-law)

Osmun v. Cadbury Adams Canada Inc., 2012 ONSC 3837, marks the first use of Canada's Multijurisdictional Class Action Protocol.

The Canadian Judicial Protocol for the Management of Multijurisdictional Class Actions (the "Protocol") was developed in August  2011 by the Canadian Bar Association (the "CBA"), in consultation with the Canadian judiciary and the legal profession, and has been approved as a best practice by the CBA.

In Osmun v. Cadbury Adams, the Hershey Company sought certification and settlement approval of three parallel class actions brought against it in Ontario, British Columbia and Quebec for allegations of price-fixing in the chocolate industry. Class Counsel also sought approval of their fees.

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