In a recent ruling, the Federal Court of Appeal upheld the refusal of the lower court to certify a proposed class action in the high-profile case of Jensen v. Samsung Electronics Co. Ltd., 2023 FCA 89. The case, centered around allegations that the defendants had breached sections 45 and 46 of the Competition Act, R.S.C. 1985, c. C-34 (the “Act”), demonstrated the courts’ growing disposition towards examining the proposed causes of action and pleadings when deciding on the movement of proposed class actions.
The Court’s decision essentially communicated that for a proposed class action to pass the certification process, a ‘mere formality’ is not sufficient. On the contrary, a more rigorous evidentiary requirement is necessary. This sends a clear message to the legal community about the high standards expected by courts when inspective class action proposals.
This case is a stark reminder of the robust standards the Canadian courts are applying to class action allegations. Legal practitioners and corporate legal departments around the world should monitor cases like these as the deliverables serve as a guide to the type of concerted attention that is, and will continue to be, required when preparing for class action litigation.