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Issue link: https://digital.canadianlawyermag.com/i/98265
rigorous methodology supported by an expert to show you could really try these cases in one forum with one judgment that would bind all class members,��� says Naudie. The concern is that recent case law hasn���t followed what the court originally directed. That���s why one of the issues front and centre before the Supreme Court last October in a trilogy of class actions involving anticompetitive behaviours was whether or not the latest jurisprudence is really faithful to what the SCC said in 2001. At issue is what the plaintiffs have to prove for the price of admission to a class proceeding in Canada. Do they have to show some plausible way of dealing with this issue or a proven workable methodology for showing there is class-wide harm? ���We���ve got an ironic situation here where the standard in Canada has fallen much lower than the standard in the U.S. We actually have some cases where the court in the U.S. would not certify but the courts in Canada do in respect to the same misconduct and same alleged wrongs, and sometimes the same expert evidence, which from our perspective just doesn���t make sense,��� says Naudie. Perfect storm brings cases to the SCC H e points to what he calls a ���perfect storm��� of issues relating to access to justice, class proceedings, and cross border litigation being explored in the three cases currently before the Supreme Court of Canada. ���I think we will get further guidance once the Supreme Court gives its decisions in Microsoft, Sun-Rype, and Infineon in telling us what the actual standard for certification is,��� says Naudie. ���This is really asking what is the test for class certification. Every business in Canada has an interest in what that test is going to be.��� On Oct. 17, the Supreme Court of Canada heard three appeals ��� Pro- Sys Consultants Ltd. v. Microsoft Corp., Sun-Rype Products Ltd. v. Archer Daniels Midland Co., and Option Consommateurs c. Infineon 2nd Annual Canadian and Global Anti-Corruption Compliance Strengthen Internal Controls and Sustain a Robust and Comprehensive Anti-Corruption Compliance Program to Minimize Risks February 20-22, 2013 Metropolitan Hotel Toronto | Toronto, Canada Pre-conference Workshops: February 20, 2013 Workshop A: Expand and Strengthen your Global Compliance Program with Talisman Energy Workshop B: Conduct Thorough Due-Diligence for Third Parties with Siemens Canada Attending This Premier marcus evans Conference Will Enable You To: ��� Create and manage an anti-corruption compliance program with Scotiabank ��� Assess anti-corruption enforcement trends in Canada and globally with Weatherford International ��� Conduct prompt and effective internal investigations with Magna International ��� Strengthen ongoing employee compliance training programs with Halliburton ��� Promote a culture of ethics within the organization with Teekay Corporation ���Conduct effectivethird parties due-diligence on while exploring the global enforcement landscape for anti-corruption. ��� Due to the increasing enforcement by the Royal Canadian Mounted Police (RCMP) on anti-corruption compliance, Canadian and multinational corporations have escalating pressures to streamline internal operations while maintaining compliance. Speakers Include: Superintendent Stephen R. Foster Director, Commercial Crime Branch Royal Canadian Mounted Police Jeffrey Francis Senior Counsel Royal Bank of Canada Hentie Dirker Regional Compliance Officer Siemens Canada Scan Here for More Information: Rob Sutphen Assistant General Counsel Halliburton Law Department For More Information, Please Contact: Robin Yegelwel T: 312-540-3000 ext 6483 E: RobinY@marcusevansch.com MarcusEvens_IH_Dec_12.indd 1 24 ��� D ec em b er 2012/ January 2013 INHOUSE 12-11-28 3:46 PM