Speculation, Lack Of Admissible Evidence, And The Conspiracy Net

There has been a proliferation of global price-fixing conspiracy class actions commenced in Canada in recent years. This increase has been aided in part by criminal investigations conducted by competition authorities as well as Supreme Court jurisprudence promoting the view that certification is a low bar and that consumer purchasers should be entitled to advance claims. These price-fixing conspiracy claims typically make allegations against dozens of multinational defendants and involve allegedly unlawful conduct occurring in many different jurisdictions around the world. Canadian courts have been hesitant to decline jurisdiction over these claims at the pre-certification stage, recognizing that conspiracies are inherently "secret and clandestine" and that the inculpatory evidence may not be available to the plaintiff prior to obtaining discovery from the defendants.