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
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
Court refuses to certify indirect purchaser class because of difficulties in proving liability:Chadha v. Bayer Inc.
In its recent decision in Chadha v. Bayer Inc., the Ontario Court of Appeal upheld the Divisional Court’s refusal to certify a class of indirect purchasers of pigments used to colour bricks. The Supreme Court of Canada denied leave to appeal on July 17, 2003. [more] Full article
