Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
34617
Infineon Technologies AG, et al. v. Option Consommateurs, et al.
(Quebec) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-08-07 | Appeal closed | |
| 2014-08-05 | Certificate of taxation issued to, Daniel Belleau | |
| 2014-08-05 | Decision on the bill of costs, in the amount of $32,242.75, Reg | |
| 2014-08-05 | Submission of the bill of costs, Reg | |
| 2014-02-21 | Correspondence received from, Annie-Claude Lafond, re: amended bill of costs | Option Consommateurs |
| 2014-02-17 | Correspondence received from, Guillaume Boudreau-Simard, re: taxation | Infineon Technologies AG |
| 2014-02-12 | Reply to the bill of costs, Completed on: 2014-02-12 | Option Consommateurs |
| 2014-02-06 | Response to the bill of costs, Completed on: 2014-02-06 | Infineon Technologies AG |
| 2014-01-28 | Bill of costs, (Book Form), (Filing fee missing - received February 4, 2014), Completed on: 2014-02-04 | Option Consommateurs |
| 2013-11-01 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-11-01 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-10-31 |
Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-018872-085, 2011 QCCA 2116, dated November 16, 2011, heard on October 17, 2012, is dismissed with costs in this Court against the appellants Infineon Technologies AG and Infineon Technologies North America Corp. The motion to strike part of the factum of the intervener is dismissed. Dismissed |
|
| 2013-10-31 |
Decision on motion to strike out, CJ LeB F Abe Ro Cro Mo Ka Wa Dismissed |
|
| 2013-08-30 | Notice of withdrawal, (sent to the Court Sept. 3/13) | Hynix Semiconductor Inc. |
| 2013-08-30 | Notice of withdrawal, (sent to the Court Sept. 3/13) | Samsung Electronics Co., Ltd. |
| 2013-07-05 | Correspondence received from, Yves Martineau by fax, re: still continuing with their appeal | Infineon Technologies AG |
| 2013-06-21 | Correspondence received from, Maxime Nasr by fax, re: may be filing a notice of discontinuance | Option Consommateurs |
| 2012-11-05 | Transcript received, (221 pages) | |
| 2012-10-17 | Judgment reserved OR rendered with reasons to follow | |
| 2012-10-17 |
Hearing of the appeal, 2012-10-17, CJ LeB F Abe Ro Cro Mo Ka Wa Judgment reserved |
|
| 2012-10-17 | Respondent's condensed book, (Book Form), Filed in Court | Option Consommateurs |
| 2012-10-17 | Intervener's condensed book, (Book Form), Filed in Court | Canadian Federation of Independent Grocers |
| 2012-10-17 | Appellant's condensed book, (Book Form), Filed in Court | Samsung Electronics Co., Ltd. |
| 2012-10-17 | Acknowledgement and consent for video taping of proceedings, All parties consented | |
| 2012-10-15 | Submission of motion to strike out, CJ LeB F Abe Ro Cro Mo Ka Wa | |
| 2012-10-15 | Correspondence received from, 2 reserved seats requested | Infineon Technologies AG |
| 2012-10-15 | Motion to strike out, (Letter Form), paragraphs 14 to 27 of the factum of the intervener, Canadian Federation of Independent Grocers (sent to panel Oct. 15/12), Completed on: 2012-10-15 | Hynix Semiconductor Inc. |
| 2012-10-11 | Correspondence received from, Gowlings re: 4 reserve seats | Hynix Semiconductor Inc. |
| 2012-10-11 | Correspondence received from, 3 reserved seats requested | Option Consommateurs |
| 2012-10-10 | Correspondence received from, Michael Sobkin dated October 10/12 re: follow-up on letter sent by the appellant's on October 9 | Canadian Federation of Independent Grocers |
| 2012-10-09 | Notice of appearance, David Sterns and Jean-Marc Leclerc will be present at the hearing. | Canadian Federation of Independent Grocers |
| 2012-10-09 | Notice of appearance, Daniel Belleau, Maxime Nasr and Violette Leblanc will be present at the hearing. | Option Consommateurs |
| 2012-10-09 | Correspondence received from, Madeleine Renaud dated October 9, 2012. Re: Opposes a question in intervener's factum, original rec'd Oct 12/12 | Hynix Semiconductor Inc. |
| 2012-10-04 |
Order by, Mo, FURTHER TO THE ORDER dated September 17, 2012, granting leave to intervene to the Canadian Federation of Independent Grocers; IT IS HEREBY FURTHER ORDERED THAT the said intervener is granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted, no order as to costs |
|
| 2012-10-04 | Notice of appearance, Yves Martineau will be present at the hearing. | Infineon Technologies AG |
| 2012-10-03 | Notice of withdrawal, (sent to bench Oct. 11/12) | Micron Technology, Inc. |
| 2012-10-03 | Correspondence received from, Ed Van Bemmel dated October 3/12 re: request for 4 reserved seats | Hynix Semiconductor Inc. |
| 2012-10-03 | Notice of appearance, Madeleine Renaud and Warren Milman will be appearing | Hynix Semiconductor Inc. |
| 2012-10-02 | Intervener's book of authorities, Completed on: 2012-10-02 | Canadian Federation of Independent Grocers |
| 2012-10-02 | Intervener's factum, Completed on: 2012-10-05 | Canadian Federation of Independent Grocers |
| 2012-10-02 | Notice of appearance, Francis Rouleau will be appearing | Samsung Electronics Co., Ltd. |
| 2012-09-27 | Appeal perfected for hearing | |
| 2012-09-24 | Respondent's book of authorities, (Book Form), (Vol. 1 to 10) CD rec'd Sept. 28/12, Completed on: 2012-09-26 | Option Consommateurs |
| 2012-09-24 | Respondent's factum, (Book Form), CD rec'd Sept. 28/12, Completed on: 2012-09-24 | Option Consommateurs |
| 2012-09-17 | Order on motion for leave to intervene, (BY MOLDAVER J.) | |
| 2012-09-17 |
Decision on the motion for leave to intervene, Mo, UPON APPLICATION by the Canadian Federation of Independent Grocers for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for leave to intervene of the Canadian Federation of Independent Grocers is granted and the said intervener shall be entitled to serve and file a factum not to exceed 10 pages in length on or before October 2, 2012. The request to present oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the intervener. The intervener is not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the intervener shall pay to the appellants and respondents any additional disbursements occasioned to the appellants and respondents by its intervention Granted |
|
| 2012-09-17 | Submission of motion for leave to intervene, Mo | |
| 2012-09-14 | Reply to the motion for leave to intervene, (Letter Form), from Jean-Marc Leclerc dated September 14/12, Completed on: 2012-09-14 | Canadian Federation of Independent Grocers |
| 2012-09-10 | Response to the motion for leave to intervene, (Letter Form), from Madeleine Renaud dated Sept. 10/12 (to CFIG), Completed on: 2012-09-10 | Infineon Technologies AG |
| 2012-08-28 | Motion for leave to intervene, (Book Form), Completed on: 2012-08-28 | Canadian Federation of Independent Grocers |
| 2012-08-07 | Appellant's factum, (Book Form), Completed on: 2012-08-16 | Infineon Technologies AG |
| 2012-08-07 | Appellant's book of authorities, (Book Form), (of all the Appellants) joint - 3 volumes filed, Completed on: 2012-08-16 | Infineon Technologies AG |
| 2012-08-07 | Appellant's record, (Book Form), (of all the Appellants) joint record - 2 volumes filed, Completed on: 2012-08-16 | Infineon Technologies AG |
| 2012-08-07 | Appellant's factum, (Book Form), Completed on: 2012-08-07 | Hynix Semiconductor Inc. |
| 2012-08-07 | Appellant's factum, (Book Form), Completed on: 2012-08-07 | Samsung Electronics Co., Ltd. |
| 2012-08-07 | Appellant's factum, (Book Form), Completed on: 2012-08-07 | Micron Technology, Inc. |
| 2012-07-24 | Notice of hearing sent to parties | |
| 2012-07-19 |
Appeal hearing scheduled, 2012-10-17, (to be heard with 34282, 34283) (Early start 9:00a.m.) Judgment reserved |
|
| 2012-07-03 | Correspondence received, from Michael Sobkin dated July 3, 2012 re: will be acting as agent for the respondents | |
| 2012-06-04 | Notice of appeal, Completed on: 2012-06-04 | Micron Technology, Inc. |
| 2012-06-04 | Notice of appeal, Completed on: 2012-06-04 | Samsung Electronics Co., Ltd. |
| 2012-06-01 | Notice of appeal, Completed on: 2012-06-01 | Hynix Semiconductor Inc. |
| 2012-06-01 | Notice of appeal, Completed on: 2012-06-01 | Infineon Technologies AG |
| 2012-05-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-05-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-05-18 | Judgment on leave sent to the parties | |
| 2012-05-17 |
Judgment of the Court on the application for leave to appeal, The motion to expedite the applications for leave to appeal is granted. The applications for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-018872-085, 2011 QCCA 2116, dated November 16, 2011, are granted with costs in the cause. These appeals are to be heard with Pro-Sys Consultants Ltd., et al. v. Microsoft Corporation, et al. (34282) and Sun-Rype Products Ltd., et al. v. Archer Daniels Midland Company, et al. (34283). Granted, with costs in the cause |
|
| 2012-05-17 |
Decision on motion to expedite the application for leave to appeal Granted |
|
| 2012-04-23 | All materials on application for leave submitted to the Judges, LeB F Cro | |
| 2012-04-23 | Submission of motion to expedite the application for leave to appeal, LeB F Cro | |
| 2012-04-20 | Correspondence received from, Jeffrey Beedell, fax dated April 20, 2012, re.: QCA decision | Micron Technology, Inc. |
| 2012-03-05 | Response to the motion to expedite the application for leave to appeal, (3 extra copies requested, rec'd March 8), Completed on: 2012-03-05 | Option Consommateurs |
| 2012-02-27 | Applicant's reply to respondent's argument, Completed on: 2012-02-27 | Hynix Semiconductor Inc. |
| 2012-02-27 | Applicant's reply to respondent's argument, Completed on: 2012-02-27 | Micron Technology, Inc. |
| 2012-02-27 | Applicant's reply to respondent's argument, Completed on: 2012-02-27 | Infineon Technologies AG |
| 2012-02-23 | Motion to expedite the application for leave to appeal, and if the application is granted, that the appeal be heard at the same time than the appeals in Pro-Sys (34282) and Sun-Rype (34283), Completed on: 2012-02-27 | Infineon Technologies AG |
| 2012-02-15 | Book of authorities, Volumes 1 to 2 | Option Consommateurs |
| 2012-02-15 | Respondent's response on the application for leave to appeal, One response for all 4 applications, Completed on: 2012-02-15 | Option Consommateurs |
| 2012-01-23 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-01-23 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2012-01-23 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2012-01-23 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2012-01-16 | Application for leave to appeal, FOURTH APPLICATION, Completed on: 2012-01-16 | Micron Technology, Inc. |
| 2012-01-16 | Book of authorities, FOR THIRD APPLICATION | Infineon Technologies AG |
| 2012-01-16 | Application for leave to appeal, THIRD APPLICATION, Completed on: 2012-01-16 | Infineon Technologies AG |
| 2012-01-16 | Application for leave to appeal, SECOND APPLICATION (2 volumes), service missing (rec'd Jan. 25, 2012), Completed on: 2012-01-25 | Hynix Semiconductor Inc. |
| 2012-01-16 | Application for leave to appeal, FIRST APPLICATION, service missing (rec'd Jan.25, 2012), Completed on: 2012-01-25 | Samsung Electronics Co., Ltd. |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Infineon Technologies AG | Appellant | Active |
| Infineon Technologies North America Corp. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Option Consommateurs | Respondent | Active |
| Cloutier, Claudette | Respondent | Active |
And Between
v.
| Name | Role | Status |
|---|---|---|
| Option Consommateurs | Respondent | Active |
| Cloutier, Claudette | Respondent | Active |
And Between
v.
| Name | Role | Status |
|---|---|---|
| Option Consommateurs | Respondent | Active |
| Cloutier, Claudette | Respondent | Active |
And Between
v.
| Name | Role | Status |
|---|---|---|
| Option Consommateurs | Respondent | Active |
| Cloutier, Claudette | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Canadian Federation of Independent Grocers | Intervener | Active |
Counsel
Party: Infineon Technologies North America Corp.
Counsel
Bureau 4000
1155, boul. René-Lévesque Ouest
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3380
FAX: (514) 397-3222
Email: ymartineau@stikeman.com
Agent
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com
Party: Infineon Technologies AG
Counsel
Bureau 4000
1155, boul. René-Lévesque Ouest
Montréal, Quebec
H3B 3V2
Telephone: (514) 397-3380
FAX: (514) 397-3222
Email: ymartineau@stikeman.com
Agent
1600 - 50 O'Connor Street
Ottawa, Ontario
K1P 6L2
Telephone: (613) 566-0546
FAX: (613) 230-8877
Email: nmchaffie@stikeman.com
Party: Option Consommateurs
Counsel
Maxime Nasr
Violette Leblanc
306, Place d'Youville
Bureau B-10
Montréal, Quebec
H2Y 2B6
Telephone: (514) 987-6700
FAX: (514) 987-6886
Email: dbelleau@belleaulapointe.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Cloutier, Claudette
Counsel
Maxime Nasr
Violette Leblanc
306, Place d'Youville
Bureau B-10
Montréal, Quebec
H2Y 2B6
Telephone: (514) 987-6700
FAX: (514) 987-6886
Email: dbelleau@belleaulapointe.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Canadian Federation of Independent Grocers
Counsel
Jean-Marc Leclerc
180 Dundas Street West
Toronto, Ontario
M5G 1Z8
Telephone: (416) 977-0007
FAX: (416) 977-0717
Email: dsterns@sotosllp.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Civil procedure Class actions Prior authorization Conditions for instituting action Cause of action Violation of Competition Act, R.S.C. 1985, c. C 34 “Passing on” Territorial jurisdiction Class action authorized for direct and indirect purchasers in Quebec based on purchase of product manufactured in United States Whether indirect purchasers in Quebec entitled to sue to recover price increase resulting from anti-competitive behaviour and whether Court of Appeal could authorize class action in circumstances Whether existence of strictly economic damage suffered by Quebec resident is sufficient to give Quebec courts jurisdiction under art. 3148(3) of Civil Code of Québec.
The four appellants are companies that manufacture electronic components, including Dynamic Random Access Memory (DRAM). In 2004, they pleaded guilty in the United States to charges of conspiring to restrict competition in the sale of DRAM. Direct purchasers (businesses — manufacturers and/or retailers of computers and other devices equipped with DRAM) and indirect purchasers (consumers of computers and other devices equipped with DRAM) in Quebec filed a motion for authorization to institute a class action against the appellants. The purchasers argued that the appellants had artificially inflated the price of DRAM and devices equipped with DRAM through their anti-competitive behaviour in the United States, that direct purchasers in Quebec had paid a high price for DRAM and that the direct purchasers had transferred that inflated price to indirect purchasers in Quebec. The Quebec Superior Court dismissed the motion, refused to authorize the class action and declared that it did not have the necessary jurisdiction to hear such an action. The Quebec Court of Appeal set aside that judgment and authorized the bringing of the proposed class action.
Lower court rulings
Superior Court of Quebec
2008 QCCS 2781, 500-06-000251-047
Motion for authorization to institute class action dismissed; Quebec Superior Court declaring that it had no jurisdiction to hear class action
Court of Appeal of Quebec (Montréal)
2011 QCCA 2116, 500-09-018872-085
Appeal by respondents Option Consommateurs and Claudette Cloutier allowed; class action authorized
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available