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The Godfrey Decision: The Supreme Court of Canada weighs in on umbrellas, discoverability, complete codes, and certification methodologies

By Marina Sampson, Adam Goodman, and Susan Fridlyand
October 10, 2019
  • Class Action
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In its highly anticipated decision, the Supreme Court of Canada in Pioneer Corp. v. Godfrey, 2019 SCC 42 (Godfrey), a price fixing class action, settled a number of issues, including: whether umbrella purchasers have a cause of action; whether the discoverability principle can extend the statutory limitation period for private actions under the Competition Act; whether causes of action in tort and equitable remedies can be sought alongside the claims under the Competition Act; and, the appropriate standard to certify loss as a “common issue” as between class members.

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Marina Sampson

About Marina Sampson

Marina is a commercial litigator and a partner in the firm’s Litigation and Alternative Dispute Resolution practice group. Marina is an experienced class action lawyer. She is also a member of the firm’s Environmental, Renewable Energy and Energy Law Practice Group. She is the National Co-Lead of the firm’s Products Liability Group.

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Adam Goodman

About Adam Goodman

Adam S. Goodman is a litigator and partner in Dentons’ Competition and Foreign Investment Review group.

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Susan Fridlyand

About Susan Fridlyand

Susan Fridlyand is an associate in Dentons’ Litigation and Dispute Resolution group. Based in Toronto, Susan advises clients on a variety of complex corporate, commercial and civil litigation matters.

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