Originally published in Blakes Bulletin on Competition,
Antitrust & Foreign Investment / Class Actions, November
The B.C. Court of Appeal released its much-anticipated decision
in the DRAM class proceeding today. This is an alleged price-fixing
case involving computer memory chips. The court allowed the
plaintiff's appeal from the lower court which had denied class
certification. The court has ordered certification in respect of
both direct and indirect purchasers.
Key points from the court's decision:
establishes a relatively low threshold for showing a
methodology for establishing harm on a class-wide basis at the
certification stage, even in complex indirect purchaser cases
case departs from earlier decisions, most notably the Ontario
Court of Appeal decision in Chada v. Bayer, which had
denied certification in similar circumstances
gives broad scope for the application of the use of aggregate
damages to overcome difficulties in establishing harm
gives greater recognition to waiver of tort as a possible cause
Leave to appeal to the Supreme Court of Canada will likely be
To view the B.C. Court of Appeal's decision, click
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