Page 49 - CCCA Magazine Spring 2014

{ LEGAL UPDATE } “ Only a handful of class actions have proceeded through trial in Canada. However, there remain very signifcant evidentiary hurdles for indirect purchaser classes post-certifcation. showing aggregate damages are enough. ers: “The multitude of variables in indirect thy Tétrault’s Litigation Group in ” Throughout Canada, the plaintiff’s evi- purchaser actions may well present a signif- Sarah Corman, partner in McCar- dentiary standard is less rigorous than in cant challenge at the merits stage.” the U.S. Only a handful of class actions have Toronto, has a practice focused on proceeded through trial in Canada. How- commercial litigation, including Indirect purchasers face signifcant ever, there remain very signifcant eviden- class actions, competition matters challenges on the merits tiary hurdles for indirect purchaser classes and complex contract disputes. Although indirect purchasers may proceed post-certifcation such that there will be Shaun Finn, counsel in McCar- as plaintiffs, the trilogy does not ease the cases certifed that have little prospect of thy Tétrault’s Litigation Group in Montréal, has a general civil challenges they face in proving their loss on success at trial. We anticipate that more practice that includes commer- the merits. The Court held that the remote- defendants will opt to defend through cial litigation and class actions. ness and complexities associated with prov- trial as the chasm widens between certi- ing loss down the distribution chain are real fcation and the plaintiffs’ ultimate ability and must be assumed by indirect purchas- to successfully prosecute their action. ❚ Inter-Pacifc Bar Association th 24 Annual Meeting & Conference May 8 – 11 , 2014 | Vancouver, Canada th th Conference Theme: Sustainability in a Finite World Full details of the Conference are available at www.ipba2014.com. The IPBA’s Annual Conference is the year’s pre-eminent gathering of lawyers with an Asia-Pacifc focus. The 2014 Conference will feature: • Opportunities to network with leading lawyers from throughout the Asia- Pacifc region and elsewhere around the world. • Over 25 distinguished guest speakers, including leaders from the world of business, policy development, environmental awareness and the law, debating aspects of the Conference theme: Sustainability in a Finite World. • More than 40 breakout sessions presented by the IPBA’s 22 practice area Committees on current topics of interest to lawyers with an Asia-Pacifc focus and eligible for CLE/CPD credit in many jurisdictions. Special Code: CBA - When registering, enter the code CBA to receive special pricing for National Magazine readers. Register for this outstanding event today at www.ipba2014.com! CANADIAN CORPORATE COUNSEL ASSOCIATION | CCCA-ACCJE.ORG 49