Earlier today the Supreme Court of Canada, per Justices LeBel, Fish and Cromwell, granted leave to appeal in the Pro-Sys Consultants Ltd. v. Microsoft Corporation and Sun-Rype Products Ltd. v. Archer Daniels Midland Company cases.
These cases relate to conflicting indirect purchaser class action certification decisions in British Columbia (two companion decisions of the British Columbia Court of Appeal) and Quebec (a recent decision of the Quebec Court of Appeal).
(See: Quebec Court of Appeal rejects B.C. Court of Appeal passing-on defence decisions in Pro-Sys and Sun-Rype and British Columbia Court of Appeal allows Microsoft appeal in Pro-Sys v. Microsoft – creates de facto passing-on defence).
The central issue to be decided by the Supreme Court will be the ability of “indirect purchasers”, that is purchasers further down the supply chain than “direct purchasers” of products, to proceed with claims against defendants in price-fixing class actions.
Presently, based on conflicting appellate decisions in British Columbia and Quebec, there is uncertainty as to indirect purchasers’ ability to proceed with such claims as well as the status of the related “passing-on defence” in Canada (which originated in the United States in the context of indirect purchaser class action litigation).
For the British Columbia Court of Appeal’s judgments in the Pro-Sys and Sun-Rype cases see:
Pro-Sys Consultants Ltd. v. Microsoft Corporation (B.C.C.A.)
Sun-Rype Products Ltd. v. Archer Daniels MIdland Company, et al. (B.C.C.A.)
For the procedural history of these cases before the Supreme Court see:
Pro-Sys Consultants Ltd., et al. v. Microsoft Corporation, et al. (docket 34282)
Sun-Rype Products Ltd., et al. v. Archer Daniels Midland Company, et al. (docket 34283)
For the leave judgments issued today by the Supreme Court see:
Supreme Court of Canada – Judgments in Leave Applications
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