Ontario Civil


Civil Practice and Procedure

Class and representative proceedings

Representative or class proceedings under class proceedings legislation

Class proceeding was preferable procedure

Plaintiff commenced class action alleging defendants controlled supply of gem grade diamonds in order to increase price, which in turn resulted in sales in retail market at inflated prices. Proceedings were commenced in Ontario, British Columbia, Quebec and Saskatchewan. Plaintiffs reached resolution with defendants. Parties brought motion for order on consent certifying class for settlement purposes and for approval of notices of hearing for court approval of settlement. Motion granted. Cause of action was clearly and plainly disclosed in pleadings, arising from alleged breach of Competition Act and tort of conspiracy. Proposed class was defined objectively and its membership was readily discernible. Claim raised common legal and factual issues about existence, extent and effect of alleged conspiracy. Class proceeding was preferable procedure. Proposed notices and plan of dissemination were acceptable.

Brant v. De Beers Canada Inc. (2016), 2016 CarswellOnt 18869, 2016 ONSC 7515, H.A. Rady J. (Ont. S.C.J.).

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