Complex Distribution Chain Kills DRAM Class Action – Pro-Sys Consultants Ltd. v. Infineon Technologies AG
Citation: (2009) 23:2 Can. Comp. Record. 46
A proposed class action by purchasers of electronic goods containing DRAM memory chips would degenerate into a series of individual trials, the British Columbia Supreme Court has held in Pro-Sys Consultants Ltd. v. Infineon Technologies AG.2 Key issues, including whether the plaintiffs paid more because of price-fixing by manufacturers of the chips, could not be determined on a class-wide basis. The court thus refused to certify the action as a class proceeding. [more] Full article
Class action attacks “economic effect” of DuPont’s prices
Canada's first vertical price maintenance class action certified against DuPont
Canada’s first class action alleging vertical price maintenance may have far reaching consequences for Canadian manufacturers and distributors. [more] Full article
AGO contributes to ABA handbook
Many Canadian class actions alleging price fixing conspiracies are run parallel to similar US class actions. As a result, this handbook will be useful to Canadian lawyers seeking to understand how the US class action system deals with issues surrounding indirect purchasers. [more] Full article
Passing-on no defence; unlawfully collected taxes must be refunded, Supreme Court rules
Governments must refund money they collect through unconstitutional taxes, and cannot rely on the so-called ""passing-on"" defence to avoid repayment, the Supreme Court ruled in January 2007.The court's rejection of the passing-on defence may have major implications in private litigation, particularly competition (antitrust) cases. [more] Full article
Class Actions and Other Private Actions Contributors
Michael Binetti
Michael Binetti, a partner of the firm, brings a proven litigation background plus extensive experience in arguing both trials and appeals. He has demonstrated his strategic legal capability and expertise in wide-ranging areas of litigation. Michael’s peers and clients have commented that Michael is an “excellent and creative lawyer,” “finds unique solutions to complex problems,” and that “Michael gets it and knows how to win.”
Kenneth A. Dekker
Kenneth Dekker, a partner of the firm, is a successful trial and appellate lawyer who is valued by his clients as a resourceful and practical litigation counsel. Over more than two decades, Ken has litigated noteworthy cases in a range of fields that include class action defence, securities and broker-dealer litigation and regulatory defence, corporate and shareholder disputes (including oppression and winding up cases), defamation, civil fraud litigation, disputes over contracts, injunctions, professional liability litigation, employment litigation and cross-border litigation issues. Ken has appeared before all levels of courts in Ontario, including the Ontario Court of Justice, the Superior Court of Justice, the Divisional Court and the Court of Appeal for Ontario, as well as before the Supreme Court of Canada. Ken also represents and advises clients in regulatory matters before the Investment Industry Organization of Canada (IIROC), the Mutual Fund Dealers Association of Canada (MFDA) and the Ontario Securities Commission (OSC). Ken has been ranked as Repeatedly Recommended for Securities Litigation by Lexpert, for Corporate and Commercial Litigation by Best Lawyers of Canada, and he has been given the highest available rating of AV, or pre-eminent, by his peers on Martindale-Hubbell.
Masiel A. Matus
Masiel has a broad commercial litigation practice and represents both national and international clients in a variety of complex matters. Masiel has experience litigating cases involving professional negligence, commercial leasing and real property disputes, insurance, contract disputes, shareholder disputes, fraud, breach of fiduciary duty, breach of trust, employment matters and defamation claims.
David N. Vaillancourt
David's practice expertise focuses on all matters of Commercial and Civil Litigation, Competition and Administrative Law. David has acted for clients in a wide range of disputes, including shareholder and partnership disputes, securities litigation, class action defence, proceedings under the Competition Act, employment law disputes, contract disputes, breach of confidence/intellectual property disputes, fidelity bond claims, and professional negligence claims. David has appeared before all levels of court in Ontario, including the Court of Appeal for Ontario, and has also appeared before the Competition Tribunal and the Federal Court of Appeal. David has appeared as lead counsel in numerous trials, hearings, and motions. David has been successful in numerous adversarial proceedings, and also has successfully negotiated the resolution of dozens of cases.
