Bennett Jones

Education

York University, BES (Hons.), 2005, summa cum laude University of Toronto, JD, 2008

Bar Admissions

Ontario, 2009 British Columbia, 2023

Emrys Davis

Partner
Co-Head of Class Actions Practice

T: 416.777.6242 / E: davise@bennettjones.com

Toronto

Recognized for "great judgment and good strategic analysis of issues" (Chambers Canada), Emrys Davis is a litigator focusing on complex competition/antitrust issues and class actions. He helps clients comply with Canada’s competition laws and fights for them when they are alleged to have broken them.

Named Benchmark's Competition Litigator of the Year in 2023, Emrys regularly represents clients litigating mergers, responding to criminal and civil investigations, and defending alleged anti-competitive conduct. He has extensive experience working both for and against Canada's Competition Bureau, including as trial counsel to the Commissioner of Competition in his successful abuse of dominance application against the Toronto Real Estate Board and as trial counsel to Videotron as it defeated the Commissioner's 2022 application to block Videotron's $2.85 billion acquisition of Freedom Mobile and Rogers' parallel $26 billion acquisition of Shaw.

What Clients Say

"'Solid litigator' who garners praise from peers as an 'excellent' and 'extremely knowledgeable' practitioner."

In the class action context, Emrys' experience and practical approach to litigation has helped clients achieve favourable results. He has acted for clients in complex, national class actions related to numerous auto parts, audiobooks, lithium ion rechargeable batteries, compressors, cathode ray tubes, optical disk drives, capacitors, resistors, foreign exchange markets, and airfares. Over the last decade, he has litigated some of the most influential price-fixing class actions in Canada, including Godfrey v Toshiba et al, a 2019 Supreme Court of Canada decision that defines the requirements to certify a price-fixing class action under Canada’s Competition Act.

Domestic and international publications recognize Emrys as a leader in Canada’s competition bar. He is a member of the International Bar Association’s editorial board for Competition Law International and writes frequently on competition/antitrust issues and class actions.

Select Experience

SECURE Waste Infrastructure Corp. (TSX: SES), a leading waste management and energy infrastructure company, in its $157-million acquisition of a metals recycling business
An insurance software company in its defence of a national class action alleging that it engaged in anticompetitive conduct in the insurance industry
Oakwyn Realty in Kevin McFall v Canadian Real Estate Association et. al., a national real estate industry conspiracy class action related to fixing, maintaining, increasing or controlling the price for the supply of buyer brokerage services
Bridgestone Americas Inc. in its defence against class actions alleging anti-competitive conduct in the sale of aftermarket tires.
SECURE Energy Services Inc. in its $1.075-billion asset sale of waste management facilities pursuant to a divesture order by the Competition Tribunal
Commissioner of Competition triumphs over the Toronto Real Estate Board.
ZF Friedrichshafen AG, in class actions commenced in Alberta and Ontario alleging the manufacture of defective gear shifts in selected automobiles
Volkswagen AG and affiliates, in defence of class actions alleging a conspiracy in the price and design of car components
Panasonic, in the defense of class actions related to compressors, cathode ray tubes, auto parts, lithium ion rechargeable batteries, optical disk drives, resistors and capacitors
The Commissioner of Competition, in his successful abuse of dominance litigation against the Toronto Real Estate Board: The Commissioner of Competition v The Toronto Real Estate Board, 2016 CACT 7
Parkland Fuel Corporation, in its defense of its acquisition of Pioneer Energy including the successful defence of a requested hold separate order in eight of fourteen local communities in issue (The Commissioner of Competition v. Parkland Industries Ltd, 2015 CACT 4) and resolution of the litigation through the first ever mediation before the Competition Tribunal in March 2016
Competition advice to Enercare Inc. in its 2016 acquisition of Service Experts for $330 million and its 2014 acquisition of Direct Energy's Ontario Home Services business for $550 million
TRW Automotive, in the defense and resolution of class actions related to occupant safety systems
Holtzbrinck/Macmillan Publishers in the Commissioner of Competition's inquiry into the Canadian ebooks market and Kobo's challenge to the parties' consent agreement
JPMorgan, in defense of class actions related to the foreign exchange market
American Airlines, in defense of class actions related to airfares
Competition advice to Norbord Inc., in its merger with Ainsworth Lumber Co., Ltd. for $763 million
Bridgestone, in the defense of class actions related to anti-vibration rubber parts
Webasto, in the defense of class actions related to parking heaters
NTN, in the defense of class actions related to automotive and industrial bearings
Nippon Seiki, in the defense of class actions related to instrument panel clusters and fuel senders
Hitachi Metals, in the defense of class actions related to automotive hoses
Delphi Automotive, in the defense and resolution of class actions related to automotive wire harnesses
NEC, in the defense and resolution of class actions related to DRAM
MTD, in the defense and resolution of class actions related to lawn mowers
The Trustee for the Senior Noteholders of Crystallex International Corp., during the Company's CCAA restructuring

Recent Recognitions

Chambers Canada

Ranked, Competition/Antitrust: Litigators
Ranked, Dispute Resolution: Class Actions (Defence)
Chambers Global

Band 3, Competition/Antitrust: Litigators
The Legal 500 Canada

Next Generation Lawyer, Competition and Antitrust
Canadian Legal Lexpert Directory

Most Frequently Recommended, Competition Law
Consistently Recommended, Class Actions
Repeatedly Recommended, Litigation - Corporate Commercial
Who's Who Legal: Competition

Recognized globally as a leading Competition lawyer in Canada
Lexpert Special Edition: Litigation

Recognized as one of Canada's leading lawyers in litigation
Who's Who Legal: Canada

Recognized as a leading lawyer in the area of Competition
Benchmark Litigation: Canada

2023 Competition Litigator of the Year

Recent Insights, News & Events

156 Bennett Jones Lawyers Featured in 2025 Canadian Legal Lexpert Directory
Announcements / March 11, 2025
The Canadian Legal Lexpert Directory has recognized 156 Bennett Jones lawyers in the 2025 edition. The firm also received rankings across 32 practice areas.
Chambers Global Ranks Bennett Jones Lawyers in 2025 Guide
Announcements / February 13, 2025
Bennett Jones has been recognized in the Chambers Global Guide 2025, with 49 lawyers ranked across 19 practice areas. Clients in Canada and around the world trust us to navigate their most complex legal matters. Our inclusion in Chambers Global Guide 2025 highlights our commitment to an exceptional client experience, deep industry knowledge and long-standing client relationships.
Competition Tribunal Issues First-of-Its-Kind Decision in Private Abuse of Dominance Case Against Major Pharma Manufacturer
Blog / January 24, 2025
On December 17, 2024, the Competition Tribunal (the Tribunal) issued reasons for its decision to dismiss an application for leave to bring a private abuse of dominance action against a major pharmaceutical manufacturer. JAMP had applied for leave to bring a claim against Janssen Inc. alleging abuse of dominance under section 79 of the Competition Act (the Act) in relation to STELARA, Janssen’s drug containing the active ingredient ustekinumab. The Tribunal dismissed JAMP’s application. Among other things, its decision confirms that the Tribunal will carefully probe the parties’ evidence in performing its important screening role on leave applications.
Twenty-One Bennett Jones Lawyers Recognized in 2025 Lexpert Leading 500 Cross Border Lawyers
Announcements / January 14, 2025
Twenty-one Bennett Jones lawyers are recognized as leading lawyers in the 2025 Lexpert 500 Cross Border Directory (formerly ALM 500). This recognition underscores Bennett Jones' dedication to helping clients with their most complex legal matters. The Lexpert 500 Cross Border Directory profiles the most frequently recommended lawyers across Canada in approximately 35 practice areas identified via an extensive, annual peer survey. Lexpert produces the Directory in collaboration with American Lawyer Media.
Bennett Jones Recognized as Top-Tier Firm in Legal 500 Canada Rankings
Announcements / November 14, 2024
Bennett Jones has once again been recognized as a top-tier firm in five practice areas in the 2025 Legal 500 Canada guide. Known for our deep knowledge and client-focused approach, we consistently deliver strategic solutions that help clients solve their most complex legal matters. This recognition highlights our commitment to excellence and our dedication to achieving the best results for our clients.
Bennett Jones Top Ranked in Chambers Canada 2025
Announcements / September 26, 2024
Bennett Jones is proud to have once again been recognized as one of Canada’s leading law firms across 41 practice areas, with 135 lawyer rankings in Chambers Canada 2025. These rankings reflect the deep trust our clients place in us to solve their most complex legal matters and underscore our lawyers' extensive understanding of their industries and businesses, enabling us to consistently deliver an exceptional experience. In this year's guide, Bennett Jones has 10 Band 1 practice rankings, 20 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Class Action Law Firm of the Year and was a finalist for Real Estate Law Firm of the Year.
Competition Class Actions—The Year in Review
Blog / August 22, 2024
For many years, defendants resisted certification of competition class actions primarily by arguing that determining harm to class members defied calculation—or, at least, defied those methods the plaintiffs typically proposed. They had little success. Between 2010 and 2019, Canadian appellate courts, including the Supreme Court of Canada, largely rejected such arguments.
Class Actions: Looking Forward 2024
Updates / August 22, 2024
In our 2024 edition of Looking Forward, we review notable class action developments from the past year and consider what recent trends in the law might tell us about what to expect in the years ahead.
What You Should Know About the Historic Google Antitrust Ruling
In The News / August 08, 2024
Emrys Davis comments in the Financial Post on a U.S. federal court ruling that Google engaged in anti-competitive practices to maintain its dominance of the internet search market through deals that made it the default search engine on millions of devices.
Revamped Competition Act Radically Alters Canadian Competition Law
Blog / August 06, 2024
In our previous Bennett Jones insight, we discussed several amendments to the Competition Act introduced by the Government of Canada in 2023, with the most recent set coming into force on June 20, 2024. These amendments, which follow earlier changes from June 2022 and December 2023, significantly revamp the merger review provisions and expand deceptive marketing practices. The Finance Committee's rushed review and the Commissioner of Competition's submissions influenced these changes, resulting in new market share presumptions and higher requirements for remedial orders.
Bennett Jones Acts for Deal of the Year Winners at 2024 CLAs
Announcements / May 10, 2024
Bennett Jones acted for two Deal of the Year winners at the 2024 Canadian Law Awards. The annual gala awards ceremony was held in Toronto last night.
Bennett Jones Earns Seven Excellence Awards In 2024 CLAs
Announcements / April 17, 2024
Bennett Jones is an Excellence Awardee in the Commercial Litigation Team of the Year category in the 2024 Canadian Law Awards. The firm is also acting for six clients who are Excellence Awardees in four separate Deals of the Year.
167 Bennett Jones Lawyers Recognized in the Canadian Legal Lexpert Directory 2024
Announcements / March 06, 2024
167 Bennett Jones lawyers have been recognized for their legal expertise in the 2024 edition of the Canadian Legal Lexpert Directory.
Chambers Global Ranks Bennett Jones Lawyers in 2024 Edition
Announcements / February 15, 2024
Bennett Jones has 49 lawyer rankings across 19 practice areas in Chambers Global 2024. Chambers and Partners is an independent research company operating across 200 jurisdictions delivering 49 detailed rankings and insight into the world's leading lawyers.
SECURE Energy Services Inc.: $1.075 Billion Asset Sale of Waste Disposal Facilities
Client Work / February 01, 2024
Bennett Jones successfully advised SECURE Energy Services Inc., in its $1.075 billion asset sale of waste disposal facilities to R360 Canada Environmental Solutions Inc., an affiliate of Waste Connections of Canada Inc. The sale marks the end of a divestment process for certain assets formerly owned by Tervita Corporation ordered to be sold by the Competition Bureau.
Bennett Jones Scores One-Two Finish in Law360 Canada's Top Business Decisions
In The News / January 24, 2024
Bennett Jones acted on the first and second place cases in Law360 Canada’s annual list of the country’s Top 10 business decisions of 2023.
Twenty-Three Bennett Jones Lawyers Recognized in 2024 Lexpert ALM 500 Directory
Announcements / January 22, 2024
Twenty-three Bennett Jones lawyers are recognized in the 2024 Lexpert/American Lawyer Guide to the Leading 500 Lawyers in Canada. The Lexpert/ALM 500 Directory profiles the most frequently recommended lawyers across Canada in approximately 35 practice areas identified via an extensive, annual peer survey. Lexpert produces the Directory in collaboration with American Lawyer Media.
Convincing Neutral Decision-Makers: Legal and Evidentiary Lessons from the Rogers–Shaw and Microsoft–Activision Decisions
Articles / December 20, 2023
Emrys Davis and Christina Skinner write for Competition Law International in Volume 19, analyzing the implications of third-party review in competition law cases. They discuss two major merger cases, Rogers–Shaw in Canada and Microsoft–Activision in the U.S., highlighting how the courts' approaches to law and evidence differed from those of the enforcers.
Federal Government to Significantly Overhaul the Competition Act
Blog / December 19, 2023
Following several years of lively public discussion, two high-profile consultations and the introduction of several “interim amendments” to the Competition Act in 2022, the federal government has now tabled two new bills (Bill C-56 and Bill C-59), which together, would introduce the most significant reforms to Canadian competition policy in several decades.
Bennett Jones is Top in Lexpert's Top 10 Business Decisions of 2022-2023
Announcements / November 23, 2023
Bennett Jones acted on four of Lexpert's Top 10 business decisions of 2022-2023—more than any other law firm. The Top 10 is an annual look at the most significant judicial rulings in Canada affecting the business community. This stellar performance once again shows how Bennett Jones is the firm that clients trust with their biggest and most complex legal matters.
Bennett Jones Top Ranked in Chambers Canada 2024
Announcements / September 28, 2023
Bennett Jones has been recognized as one of Canada’s leading law firms across 39 practice areas, with 124 lawyer rankings in Chambers Canada 2024. In this year's guide, Bennett Jones has 11 Band 1 practice rankings, 21 Band 1 lawyer rankings and 10 newly-ranked lawyers. In addition to this year's rankings, Bennett Jones was awarded Real Estate Law Firm of the Year and was a finalist in Projects and Energy Law Firm of the Year.
Video Game "Loot Boxes" May Violate B.C. Consumer Protection Law Says B.C. Supreme Court
Blog / April 10, 2023
"Loot boxes" are mystery boxes in a video game that pay out prizes or other items for in-game use. Players can earn loot boxes, but often purchase them with real-world money. The loot obtained varies in value considerably. The plaintiff in Sutherland v Electronic Arts Inc., 2023 BCSC 372 (Sutherland) alleges that the defendant game developers violated the British Columbia Business Practices and Consumer Protection Act (BPCPA) by encouraging players to purchase loot boxes without disclosing that valuable items were difficult or nearly impossible to acquire from such purchases.
Chambers Global Ranks Bennett Jones Lawyers in 2023 Edition
Announcements / March 06, 2023
Bennett Jones has 50 lawyer rankings across 19 practice areas in Chambers Global 2023. Chambers and Partners is an independent research company operating across 200 jurisdictions delivering detailed rankings and insight into the world's leading lawyers.
Federal Court of Appeal Dismisses Competition Commissioner's Appeal in Rogers/Shaw/Videotron Deal
Blog / February 13, 2023
On January 24, 2023, the Federal Court of Appeal dismissed the Commissioner of Competition's appeal of the Competition Tribunal's decision to dismiss the Commissioner's application to block Rogers Communications Inc.'s $26 billion acquisition of Shaw Communications Inc. and sale of Shaw's wireless business, Freedom Mobile, to Videotron Ltd. for $2.85 billion. The Court of Appeal's decision, and the Tribunal's decision below, provide clear guidance on how Canada's courts will analyze so called fix-it-first cases, that is cases involving pre-closing remedies designed to address competition or other regulatory concern
A Canadian Perspective on Global Investigations Around the World
Articles / January 23, 2023
Sabrina Bandali, Emrys Davis, Alan Gardner, Laura Inglis, Amanda McLachlan, Ruth Promislow and Nathan Shaheen co-author the Canada chapter in Global Investigations Review's Practitioner’s Guide to Global Investigations, Volume II: Global Investigations around the World. They look at the nuances of law and process in Canada that practitioners are likely to encounter in cross-border investigations. This includes Canada's legal framework for corporate liability, the steps in an investigation, co-operative agreements giving immunity or leniency and corporate compliance programs.
Bennett Jones Shines In Legal 500 Canada Rankings
Announcements / November 09, 2022
Bennett Jones has been recognized as a top-tier firm in five practice areas in the 2023 Legal 500 Canada guide: Aviation, Cannabis, Dispute Resolution: Alberta, Environment and Oil and Gas.
Canada's Federal Court of Appeal Ends Debate on "Buy-Side" Conspiracies
Blog / September 20, 2022
On August 17, 2022, Canada's Federal Court of Appeal agreed with a growing consensus of lower courts that section 45 of the Competition Act does not apply to "buy-side" conspiracies, such as agreements between employers with respect to employee wages. The court's decision (Mohr v. National Hockey League, 2022 FCA 145) should end the debate on the proposed application of section 45 to this issue.
Lexpert’s Leading Canadian Tech and Health Lawyers
Announcements / June 20, 2022
Twenty-two Bennett Jones lawyers are ranked in the Lexpert special edition of Canada’s Leading Tech and Health Lawyers. The issue profiles Lexpert-ranked lawyers in business-related litigation and appears in June’s Report on Business Magazine in the Globe and Mail.
Class Actions: Looking Forward 2022 in Canadian Lawyer
In The News / May 06, 2022
Canadian Lawyer reports on the 2022 edition of Bennett Jones' Class Actions: Looking Forward. Ranjan Agarwal comments on how we are seeing the tail end of COVID-19 class actions, the diverging approaches to the certification of class actions, and how parties are navigating multijurisdictional class actions in Canada.
Canadian Competition Act Reform: First Round of Significant Amendments
Blog / May 05, 2022
On April 26, 2022, the Government of Canada announced proposed amendments to the Competition Act as part of the Budget Implementation Act, 2022. These proposed amendments are likely the first step in the Federal Government's announced plan to conduct a comprehensive reform of the Competition Act to improve its effectiveness in promoting dynamic and fair markets, especially in light of the challenges of the modern economy.
Canada Gears Up for Competition Law Changes
In The News / April 27, 2022
Emrys Davis speaks with Commercial Dispute Resolution on how Canada’s 2022 budget signalled the federal government’s intention to reform and update the Competition Act which dates back to 1986, with a focus on closing loopholes, reducing harm, widening access to justice and accounting for technology.
Diverging Approaches to the Certification of Class Actions
Updates / April 22, 2022
Last year, we reported on the amendments to Ontario’s Class Proceedings Act, 1992 (CPA) that took effect on October 1, 2020. One of the most significant amendments to the CPA was the introduction of a higher standard for class certification in Ontario, requiring that a proposed class action be a superior way to determine the rights or entitlement to relief of class members, and that questions of fact or law common to the class members predominate over the individual issues. We predicted this would make Ontario a less attractive forum for class action plaintiffs.
Bennett Jones: "Top Tier" in Chambers Canada 2022
Announcements / September 16, 2021
Bennett Jones has been recognized as one of Canada’s leading law firms across 38 practice areas, with 111 lawyer rankings in Chambers Canada 2022. Bennett Jones has 8 Band 1 practice rankings and 14 Band 1 lawyer rankings in this year's guide.
Bennett Jones Wins Class Action Team of the Year Award
Announcements / May 19, 2021
Bennett Jones is the winner in the Class Action Team of the Year category in the 2021 Canadian Law Awards, for the firm's work for the defendants in Winder v. Marriott International Inc. The Canadian Law Awards recognizes the nation’s leading law firms, in-house legal teams, individuals, deals and cases over the past year, reflecting true excellence in the country's legal profession.
Bennett Jones in Chambers Global 2021
Announcements / February 21, 2021
Bennett Jones has 51 lawyer rankings in 18 practice areas in Chambers Global 2021. Chambers and Partners is an independent research company operating across 200 jurisdictions delivering detailed rankings and insight into the world's leading lawyers.
Bennett Jones in Lexpert's Top 10 Cases of 2019-2020
Announcements / December 01, 2020
Bennett Jones acted on three of Lexpert's Top 10 Cases of 2019-2020—all of which were influential class actions. The cases were announced in the Lexpert Special Edition: Litigation 2020.
40 Bennett Jones Lawyers in Lexpert's Special Edition on Litigation
Announcements / November 26, 2020
Forty Bennett Jones lawyers are ranked in the 2020 Lexpert Special Edition – Canada's Leading Litigation Lawyers. This annual feature profiles Lexpert-ranked lawyers in business-related litigation and appears in the December issue of the Globe and Mail’s Report on Business Magazine.
Emrys Davis in CBA National on Sustainability and Competition Law
In The News / October 14, 2020
Emrys Davis comments in CBA National on how competition policy is facing the challenge of assuring that traditional policy tools do not prove a barrier to companies wanting to take climate-friendly actions—while at the same time protecting competitive markets.
Bennett Jones is Recognized in Chambers Canada 2021
Announcements / September 10, 2020
Bennett Jones has been recognized as one of Canada’s leading law firms across 38 practice areas, with 115 lawyer rankings in Chambers Canada 2021.
ABA Section of International Law Meeting
Speaking Engagements / June 02, 2020
Two Bennett Jones lawyers will be speaking at the ABA Section of International Law Meeting—Emrys Davis on June 2 on "The 1792 Conundrum" and Sabrina Bandali on June 11 on Global Sanctions. [...]
Ontario Superior Court Narrows Foreign Exchange Class Action
Blog / May 26, 2020
The Ontario Superior Court's recent decision granting certification in a foreign exchange price-fixing class action (Mancinelli v. Royal Bank of Canada, 2020 ONSC 1646) reminds counsel and stakeholders of: (a) the relatively low threshold for class action certification in Ontario, and (b) the Court’s significant discretion to narrow or alter a proposed class.
Bennett Jones in Chambers Global 2020
Announcements / February 13, 2020
Bennett Jones has 50 lawyer rankings in 17 practice areas around the world in Chambers Global 2020.
Bennett Jones: Canada’s Leading Litigation Lawyers
Announcements / November 29, 2019
Thirty-five Bennett Jones lawyers are ranked in the Lexpert special edition of Canada’s Leading Litigation Lawyers.
Bennett Jones is Top-Tier in The Legal 500
Announcements / November 18, 2019
Bennett Jones has been recommended as a Top-Tier firm in 5 practice areas in The Legal 500 Canada 2020 guide.
Bennett Jones' Leading Lawyers in Chambers Canada 2020
Announcements / September 19, 2019
Bennett Jones has been recognized as one of Canada’s leading law firms with over 100 recognized practitioners nationally in Chambers Canada 2020. Here are a few things clients have said: “The [...]
Expedited Proceedings at Canada’s Competition Tribunal
Blog / February 15, 2019
Expedited hearings are now available for contested mergers and other competition law cases, due to new procedures adopted by Canada’s Competition Tribunal. The Tribunal has released two new Practice [...]
Bennett Jones Named to GCR 100
Announcements / January 25, 2019
Bennett Jones has been ranked as Highly Recommended in Global Competition Review’s 2019 edition of the GCR 100. This comprehensive listing of top competition practices provides a quantitative and qualitative analysis of the law firms and economic consultancies doing the most important antitrust work around the world.
Bennett Jones in Who’s Who Legal: Canada 2018
Announcements / November 01, 2018
64 Bennett Jones lawyers are ranked in 19 areas of Who’s Who Legal: Canada 2018. The guide identifies the foremost legal practitioners in multiple areas of business law for their annual publication.
Canadian Appeal Court Affirms “Thanks-But-No Thanks” Approach to Discovery of U.S. Residents in Canadian Class Action
Articles / June 28, 2018
Cheryl Woodin and Emrys Davis co-wrote "Canadian Appeal Court Affirms “Thanks-But-No Thanks” Approach to Discovery of U.S. Residents in Canadian Class Action" for the American Bar Association's Mass Torts Litigation Practice Points.
Supreme Court to Reconsider Fundamental Elements of Antitrust Class Actions
Blog / June 11, 2018
Antitrust class actions have proliferated in Canada following the Supreme Court's 2013 "trilogy" of competition law decisions headlined by Pro-Sys Consultants Ltd. v. Microsoft Corp. Those decisions held [...]
The Lawyer's Daily on New Bennett Jones Partners
In The News / April 06, 2018
The Lawyer’s Daily reports on Bennett Jones new partners, who come from a cross-section of the firm’s practice and industry specialty areas.
Bennett Jones Names 10 New Partners
Announcements / March 28, 2018
Bennett Jones LLP is pleased to announce that 10 lawyers have been admitted to the partnership. They come from a cross-section of practice and industry specialty areas, including corporate finance, M&A, litigation, intellectual property, employment, tax and competition law.
Court Refuses to Certify Canadian Price-Fixing Case
Blog / January 09, 2018
For many years, it was next to impossible to certify a price-fixing class action in Canada. Today, certification is so common that refusals to certify are the rare exception. Ewert v Nippon Yusen Kabushiki [...]
Québec Court of Appeal Confirms Wide and Liberal Approach to Class Action Authorization
Blog / November 23, 2017
On October 31, 2017, the Québec Court of Appeal released its decision in Asselin c. Desjardins Cabinet de services financiers inc., 2017 QCCA 1673. The Court of Appeal overturned the lower court’s [...]
Ontario Court of Appeal Grounds Class Action Jurisdiction Challenges
Blog / October 26, 2017
Companies in Canada or doing business with Canadians beware. The Ontario Court of Appeal has held that Ontario courts can take jurisdiction in class actions over plaintiffs who are not Canadian, do not [...]
Plaintiffs Can’t Depose Competition Bureau Investigator in Price-Fixing Class Action
Blog / September 28, 2017
The Supreme Court of Canada held today that civil plaintiffs cannot examine for discovery (aka depose) a Competition Bureau investigator: Canada (Attorney General) v. Thouin, 2017 SCC 46. The Court observed [...]
Focusing on What Matters: The Court Refuses to Grant Broad Section 11 Orders in the Commissioner's Bell/MTS Inquiry
Articles / May 25, 2017
Emrys Davis and David Cassin, Focusing on What Matters: The Court Refuses to Grant Broad Section 11 Orders in the Commissioner's Bell-MTS Inquiry, delivered at the CBA Competition Law Spring Meeting on May 25, 2017.
Predictability for Antitrust Leniency Applicants: Supreme Court of Canada establishes high threshold for judicial intervention with jointly recommended sentences
Blog / October 21, 2016
The Supreme Court of Canada released a decision today regarding judicial intervention with jointly recommended criminal sentences following a guilty plea. The SCC adopted a high threshold which will be [...]
Immunity, Sanctions and Settlements 2016
Articles / October 01, 2016
Randal T. Hughes and Emrys Davis, Immunity, Sanctions & Settlements 2016 (Canada), GCR Know-How.
Privilege and Waiver: Disclosure Requirements for Parties in the Canadian Competition Bureau's Immunity and Leniency Programs
Articles / February 05, 2016
Randal T. Hughes, Emrys Davis and Ethan Schiff, Privilege and Waiver: Disclosure Requirements for Parties in the Canadian Competition Bureau’s Immunity and Leniency Programs (Feb. 5, 2016) (published at the ABA/IBA 2016 International Cartel Workshop, Tokyo, Japan).
Is This the End for Global Classes? Foreign Class Claimants and the Real and Substantial Connection Test
Blog / August 31, 2015
On August 26, 2015, Justice Leitch held that the Ontario court does not have jurisdiction over foreign class members in Airia Brands Inc v Air Canada. Counsel on both sides of the class action bar should [...]
Canadian Procurement Changes are Good News for the Bureau's Leniency Program
Blog / July 07, 2015
On July 3, 2015, the Government of Canada announced changes to its Integrity Regime for suppliers. Under the existing regime, suppliers convicted of certain offences, including Competition Act offences [...]
The Compliance Conundrum in the Electronic Age: A Canadian Perspective
Articles / April 15, 2015
Melanie L. Aitken and Emrys Davis, The Compliance Conundrum in the Electronic Age: A Canadian Perspective (April 15, 2015) (published at the ABA 2015 Antitrust Spring Meeting).
Ontario Court of Appeal says Draft Expert Reports are not Producible
Blog / January 29, 2015
The Court of Appeal for Ontario confirmed today that: counsel can and should discuss draft expert reports with their expert witnesses, and draft reports and other communications between counsel and expert [...]
Competition Act Tort Claims Still Viable: Fairhurst v Anglo American PLC
Blog / December 05, 2014
Can indirect purchasers claim damages in tort for breaches of the Competition Act? This was one of the issues before the British Columbia Supreme Court in Fairhurst v Anglo American PLC, 2014 BCSC 2270. [...]
Supreme Court of Canada Grants Civil Plaintiffs Access to Competition Bureau Wiretaps
Blog / October 20, 2014
Canadian civil plaintiffs can now access wiretaps collected by authorities in the context of criminal investigations. The issue of access arose in the aftermath of the Competition Bureau's octane investigation. [...]
Canadian Court Certifies Visa/Mastercard Class Action Critical Takeaways
Blog / March 28, 2014
Yesterday, Chief Justice Bauman released public reasons certifying the Visa/MasterCard price-fixing class actions. Our full update on his decision is available here. But the critical takeaways from his [...]
Canadian Court Certifies Visa/Mastercard Class Action
Updates / March 28, 2014
In reasons publicly released on Thursday March 27, 2014, Chief Justice Bauman certified two classes of Canadian merchants who allege a price-fixing conspiracy related to Visa and MasterCard interchange fees. As the first contested certification decision in a price-fixing case since a series of recent Supreme Court of Canada decisions, Watson v. Bank of America Corporation provides critical insight into how courts will decide contested certification motions in complicated price-fixing class actions.
Emrys Davis in the Financial Post on Expert Evidence in Class Actions
In The News / December 05, 2013
In the Financial Post article by Drew Hasselback, "Supreme Court Ruling Opens The Door For More Class Actions," Emrys Davis comments on the Supreme Court of Canada's decision not to raise the bar on the quality of expert evidence to be considered in class action certification motions.
The Self-Identification of Indirect Purchasers
Blog / October 31, 2013
While the Supreme Court held today that courts can certify indirect purchaser class actions (we discuss the cases in great detail here), the Court also held that indirect purchaser must be able to "self-identify" [...]
Emrys Davis in the Financial Post on Standards for Class Action Certification
In The News / October 31, 2013
In the Financial Post article by Drew Hasselback, "Supreme Court of Canada Says Indirect Purchasers Can Sue In Price Fixing Cases," Emrys Davis comments on the lack of tougher standards for certification following the Supreme Court of Canada's recent trilogy of decisions that would allow consumers the right to launch class actions against companies allegedly involved in price-fixing schemes.
Canada's Supreme Court Opens the Door to Indirect Purchaser Class Actions
Updates / October 31, 2013
On October 31, 2013, the Supreme Court of Canada released three decisions which many commentators had predicted would be the most critical antitrust class action decisions in recent memory. The Supreme Court did not disappoint. In summary, the decisions permit indirect purchasers to claim for antitrust damage. But the Court held that indirect purchasers must be able to "self-identify" as members of the proposed class. If they cannot, because for example, none know whether they in fact purchased products containing the allegedly overpriced component, then the court cannot certify the indirect purchaser class.
Canadian Competition Bureau Updates its Immunity and Leniency Program FAQs
Blog / September 27, 2013
On September 25, 2013, the Canadian Competition Bureau released updated FAQs for its Immunity and Leniency Programs. These two programs, which offer whistleblowers immunity from prosecution and [...]
Ontario Court of Appeal Upholds Dismissals for Delay
Blog / June 10, 2013
On June 4, 2013, the Ontario Court of Appeal released two decisions about dismissals for delay. In Faris v. Eftimovski, the Court upheld a status hearing dismissal. In Nissar v. The Toronto Transit Commission, [...]
The Changing Regulation of Canadian Oligopolies: Complementary Enforcement Roles for Section 90.1 and Joint Dominance
Articles / April 09, 2013
Melanie L. Aitken and Emrys Davis, The Changing Regulation of Canadian Oligopolies: Complementary Enforcement Roles for Section 90.1 and Joint Dominance, (April 9, 2013) (published at the ABA 2013 Antitrust Spring Meeting).
Canadian Antitrust Class Actions: The Indirect Purchaser Class Hangs by a Thread
Articles / September 18, 2012
Randal T. Hughes and Emrys Davis, "Canadian Antitrust Class Actions: The Indirect Purchaser Class Hangs by a Thread", (2012) 1-1 Antitrust Report 1.
Competitor Agreements: Interpreting Criminal Conspiracy in a Blended Criminal-Civil Regime
Articles / September 01, 2012
Randal T. Hughes and Emrys Davis, "Competitor Agreements: Interpreting Criminal Conspiracy in a Blended Criminal-Civil Regime", (2012) Vol. 25 No. 2 Canadian Competition Law Review 215.
Supreme Court of Canada Will Hear Indirect Purchaser Appeals
Updates / December 01, 2011
Today, the Supreme Court of Canada granted leave to appeal from the British Columbia Court of Appeal's decisions in Pro-Sys Consultants Ltd. v. Microsoft Corporation, 2011 BCCA 186 and Sun-Rype Products Ltd. v. Archer Daniels Midland Company, 2011 BCCA 187. The BC Court of Appeal had held that indirect purchasers in price-fixing class actions do not have a cause of action recognized in Canadian antitrust law. The Supreme Court's decision to hear the appeals signals its intention to rule on this important issue arising in price-fixing class actions and dividing provincial appellate courts. A decision on the merits of the appeal is likely to be the most significant to date involving antitrust class actions in Canada.
A History of Class Actions: Modern Lessons from Deep Roots
Articles / October 01, 2011
The class action is linked so strongly with the unique characteristics of the modern era — mass consumption and mass production, large-scale disasters, corporate mismanagement — that it is easy to believe that it is a product of this era. Yet the roots of the modern class action stretch back nearly 1,000 years and its development has been ongoing for several centuries. Published in the Canadian Class Action Review, October 2011, Vol 7 No 1.
Alternative Compensation Plan Reduces Class Size on Certification
Updates / July 21, 2011
On July 18, 2010, the Ontario Superior Court released reasons in Blair v. Toronto Community Housing Corporation, 2011 ONSC 4395. Justice Perell certified the action as a class proceeding. He did so over the arguments of the defendants who had implemented an alternative compensation plan that they submitted was preferable to a class proceeding. Justice Perell disagreed but his comments on alternative compensation plans are instructive for defendants facing class proceedings considering ways to reduce their potential liability.
Illinois Brick Comes to Canada
Updates / April 18, 2011
On April 15, 2011, the British Columbia Court of Appeal released companion reasons for judgment in Pro-Sys Consultants Ltd. v. Microsoft Corporation, 2011 BCCA 186 and Sun-Rype Products Ltd. v. Archer Daniels Midland Company, 2011 BCCA 187. The decisions are of great significance because the Court refused to certify the claims of the indirect purchaser classes on the basis that indirect purchasers do not have a cause of action. These are the first decisions of a Canadian appellate court to decide this issue and, while the plaintiffs are likely to seek leave to appeal to the Supreme Court of Canada, they represent the most significant judicial development in Canadian antitrust class actions in recent memory.
Antitrust Class Actions: A Tale of Two Countries
Articles / March 18, 2011
Antitrust class actions confront companies in a wide range of industries with high stakes litigation, and the continued globalization of commerce has increasingly given rise to simultaneous exposure and potential liability in multiple jurisdictions. The United States and Canada exemplify this modern reality: both authorize private parties to assert antitrust class action claims and successive free trade agreements have led to extensive cross-border commerce between the two countries. So it is not surprising that parties to antitrust class action cases increasingly are involved in proceedings in both jurisdictions at the same time. Published in the Spring 2011 edition of Antitrust (Vol. 25, No.2) by the American Bar Association.
An Examination of Legal and Jurisdictional Variables in the Context of the Law of Passing Off
Articles / January 01, 2007
Murchie, Barbara J., and Davis, Emrys. "Coherence in the Courts: An Examination of Legal and Jurisdictional Variables in the Context of the Law of Passing Off," in Todd L. Archibald & Randall Scott Echlin eds., Annual Review of Civil Litigation 2007 (Toronto: Thomson Carswell, 2007) 165.