This decision, made in the early stages of a proposed class
action, demonstrates the willingness of the Court to take
jurisdiction even in cases where the alleged activities of mining
companies appear remote from the alleged harm suffered by
Although this proposed class action is indexed as Fairhurst
v. Anglo American PLC, the action is only continuing against
defendants other than Anglo American PLC, including De Beers Canada
Inc. (De Beers Canada) and a number of its international
affiliates. Fairhurst alleges that the defendants conspired with
each other to drive up the price of gem grade diamonds sold in
Canada and British Columbia, causing harm to consumers.
In this preliminary motion, the defendants sought to strike
Fairhurst's claim on jurisdictional grounds, arguing that there
was not a real and substantial connection between the defendants
and British Columbia. The defendants asserted that they did not
carry on business in British Columbia and that they were not
involved in the sale of gem grade diamonds. Rather, their
involvement was higher in the "diamond pipeline" as
sellers of rough diamonds to sightholders. The only defendant with
operations in British Columbia is De Beers Canada, a mining company
that only began producing diamonds after the proposed class action
The Court reviewed the Court Jurisdiction and Proceedings
Transfer Act and the common law and confirmed that a tortious
conspiracy, of the sort alleged by Fairhurst, will be taken to have
occurred where the damage was suffered regardless of where the
elements of wrongful conduct took place. Fairhurst had pleaded
sufficient jurisdictional facts to support a finding of territorial
competence, including that the defendants' diamonds were sold
in British Columbia (a proposition that the defendants did not
rebut), and that harm had arisen in British Columbia as a result of
the defendants' alleged wrongdoing. The motion to strike the
claim was accordingly dismissed.
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Canada is a constitutional monarchy, a parliamentary democracy and a federation comprised of ten provinces and three territories. Canada's judiciary is independent of the legislative and executive branches of Government.
In Bank of Montreal v Bumper Development Corporation Ltd, 2016 ABQB 363, the Alberta Court of Queen's Bench enforced the "immediate replacement" provision in the Canadian Association of Petroleum Landmen 2007 Operating Procedure...
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