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ARTICLE · 26 MARCH 2018

BCSC Clarifies The Evidentiary Requirements For Establishing Commonality Of Harm

McCarthy Tétrault
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Canadian courts have consistently cautioned against applying an exacting standard of scrutiny at the certification stage. But the B.C. Supreme Court's recent decision in Ewert v. Nippon Yusen...

CanadaTransport
Canadian Class Actions Monitor
Canadian Class Actions Monitor
Connor Bildfell
Connor Bildfell
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Canadian courts have consistently cautioned against applying an exacting standard of scrutiny at the certification stage. But the B.C. Supreme Court's recent decision in Ewert v. Nippon Yusen Kabushiki Kaisha issues an important reminder that the standard of assessing evidence at the certification requires more than just symbolic scrutiny.

In Ewert, the Court denied certification due to the plaintiff's failure to demonstrate a credible methodology to show harm to indirect purchasers. In doing so, the Court reminded prospective class action plaintiffs that certification is not a "file, smile, and certify" exercise.1

Facts

The plaintiff commenced an action alleging price-fixing by several major operators of roll-on/roll-off ("RoRo") vessels for shipping vehicles and heavy equipment to Canada.

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