According to the Supreme Court of Canada, wiretap evidence obtained in a Competition Bureau criminal investigation may be disclosed for purposes of a class action alleging anti-competitive practices. The ruling reflects a liberal interpretation of the principles of civil procedure.
The Supreme Court has granted leave to appeal from a pair of British Columbia Court of Appeal decisions that overturned orders certifying price-fixing claims as class actions. In both instances, the majority held that parties which purchased products indirectly from a non-defendant down the distribution chain have no cause of action against the defendants in relation to an alleged unlawful conspiracy to fix the product price.
The Supreme Court of Canada recently rendered judgment on the rules governing false and misleading representations under Quebec's Consumer Protection Act. It held that the test is not what a consumer of average intelligence, scepticism and curiosity would understand from the commercial representation, but rather what a credulous and inexperienced consumer would comprehend.