Canadian competition class actions

In Godfrey v. Sony Corporation, 2017 BCCA 302 at #69-95, the British Columbia Court of Appeal agreed with the Ontario’s Court of Appeal decision in Fanshawe College v AU et al (2016) 129 O.R. (3d) 81 that the 2-year limitation period for the statutory private action found in s. 36(4) of the Competition Act is subject to the judge-made discoverability rule. Congratulations to Reidar Mogerman and his team @ Camp Fiorante Matthews Mogerman for their significant success in Godfrey. I was pleased to serve as co-counsel with Reidar, and Charles Wright of Siskinds’ class action department, in the very important Ontario case, Fanshawe College.