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

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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