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.
37810
Toshiba Corporation, et al. v. Neil Godfrey
(British Columbia) (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) |
|---|---|---|
| 2020-04-01 | Appeal closed | |
| 2020-04-01 | Discontinuance of the bill of costs, (Letter Form) | Neil Godfrey |
| 2020-03-20 | Bill of costs, (Letter Form), Completed on: 2020-03-20 | Neil Godfrey |
| 2019-09-23 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2019-09-23 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2019-09-20 |
Judgment on the appeal rendered, CJ Abe Mo Ka Ga Côt Br Row Mar, The appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA43711, 2017 BCCA 302, dated August 18, 2017, heard on December 11, 2018, is dismissed with costs. Côté J. dissents in part. Dismissed, with costs |
|
| 2019-04-24 | Order on motion to adduce new evidence, by ABELLA J. | |
| 2019-04-24 |
Decision on motion to adduce new evidence, Abe, UPON APPLICATION by the appellants for an order to adduce new evidence; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed with costs. Dismissed, with costs |
|
| 2019-04-24 | Submission of motion to adduce new evidence, Abe | |
| 2019-04-11 | Reply to motion to adduce new evidence, (Letter Form), Completed on: 2019-04-11 | Toshiba Corporation |
| 2019-04-08 | Response to the motion to adduce new evidence, (Book Form), Completed on: 2019-04-08 | Neil Godfrey |
| 2019-03-29 | Motion to adduce new evidence, (Book Form), Completed on: 2019-03-29 | Toshiba Corporation |
| 2019-03-08 | Correspondence received from, (Letter Form), In response to the supplemental documents filed by the Appellants. | Neil Godfrey |
| 2019-02-22 | Supplemental document, (Letter Form), Completed on: 2019-02-22 | Toshiba Corporation |
| 2018-12-27 | Transcript received, Joint with 37809; 121 pages | |
| 2018-12-11 | Intervener's condensed book, (Book Form), 14 copies submitted in courtroom | Option consommateurs |
| 2018-12-11 | Respondent's condensed book, (Book Form), 14 copies submitted in courtroom | Neil Godfrey |
| 2018-12-11 | Appellant's condensed book, (Book Form), 14 copies submitted in courtroom | Toshiba Corporation |
| 2018-12-11 | Judgment reserved OR rendered with reasons to follow | |
| 2018-12-11 |
Hearing of the appeal, 2018-12-11, CJ Abe Mo Ka Ga Côt Br Row Mar Judgment reserved |
|
| 2018-12-04 | Appellant's book of authorities, (Book Form), Reply, Completed on: 2018-12-04 | Toshiba Corporation |
| 2018-12-04 | Reply factum on appeal, (Book Form), Completed on: 2018-12-04 | Toshiba Corporation |
| 2018-12-03 | Notice of appearance, Maxime Nasr and Violette Leblanc will be appearing. Mr. Nasr will present oral argument. | Option consommateurs |
| 2018-12-03 | Notice of appearance, Reidar M. Mogerman, Linda J. Visser, David G.A. Jones, Charles M. Wright, Katie I. Duke, Bridget M.R. Moran will be appearing. Mr. Mogerman and Ms. Visser will present oral argument. | Neil Godfrey |
| 2018-12-03 | Notice of appearance, Jean-Marc Leclerc and Mohsen Seddigh will be appearing. Mr. Leclerc will present the oral arguments. | Consumers' Association of Canada |
| 2018-12-03 | Notice of appearance, Jonathan J. Foreman and Jean-Marc Metrailler will be appearing. Mr. Foreman will present the oral arguments. | Consumers Council of Canada |
| 2018-11-28 | Notice of appearance, Sandra A. Forbes and Adam Fanaki will be appearing. Ms. Forbes will present oral argument. | Canadian Chamber of Commerce |
| 2018-11-27 |
Notice of appearance, - John F. Rook and Christiaan A. Jordaan will be appearing for Panasonic Corporation. Mr Rook will present oral arguments. - Laura F. Cooper and Versa Topping will be appearing for Toshiba Corporation, et al. - Robert E. Kwinter and Evangelica (Litsa) Kriaris will be appearing for Samsung Electronics Co., et al. - Neil Campbell, Joan Young and Samantha Gordon will be appearing for Koninklijke Philips Electronics N.V., et al. - Stephen M. Fitterman will be appearing for BenQ Corporation, et al. |
Toshiba Corporation |
| 2018-11-27 | Intervener's book of authorities, (Book Form), Completed on: 2018-11-27 | Option consommateurs |
| 2018-11-27 | Intervener's factum, (Book Form), Completed on: 2018-11-27 | Option consommateurs |
| 2018-11-27 | Intervener's factum, (Book Form), Completed on: 2018-11-27 | Consumers' Association of Canada |
| 2018-11-27 | Intervener's factum, (Book Form), Completed on: 2018-11-27 | Consumers Council of Canada |
| 2018-11-26 | Intervener's factum, (Book Form), Completed on: 2018-11-26 | Canadian Chamber of Commerce |
| 2018-10-23 | Appeal perfected for hearing | |
| 2018-10-23 | Respondent's book of authorities, (Book Form), Single book of authorities for appeals in file 37809 and 37810., Completed on: 2018-10-23 | Neil Godfrey |
| 2018-10-23 | Respondent's factum, (Book Form), Completed on: 2018-10-23 | Neil Godfrey |
| 2018-10-16 | Order on motion to extend time, (by CÔTÉ J.) | |
| 2018-10-16 |
Decision on motion to extend time, Côt, See order on motions for leave to intervene. Granted |
|
| 2018-10-16 | Submission of motion to extend time, Côt | |
| 2018-10-16 | Order on motion for leave to intervene, (by CÔTÉ J.) | |
| 2018-10-16 |
Decision on the motion for leave to intervene, Côt, UPON APPLICATIONS by Option consommateurs, the Consumers Council of Canada, the Canadian Chamber of Commerce and the Consumers’ Association of Canada for leave to intervene in the above appeals; AND UPON APPLICATION by the Consumers’ Association of Canada for an extension of time to serve and file a motion for leave to intervene; AND UPON REQUEST by the appellants Pioneer Corporation, et al. in file number 37809 to file a factum in reply to the interventions; AND UPON REQUEST by the appellants Toshiba Corporation, et al., in file number 37810 to file a factum in reply to the interventions; AND UPON REQUEST by the respondent to file a factum in reply to the interventions; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The Consumers’ Association of Canada’s motion for an extension of time to serve and file a motion for leave to intervene is granted. The motions for leave to intervene are granted and each of the said four (4) interveners shall be entitled to serve and file a factum not exceeding ten (10) pages in these appeals on or before November 27, 2018. The said four (4) interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeals. The appellants Pioneer Corporation, et al. in file number 37809 are granted permission to serve and file a single reply factum to the interventions not exceeding five (5) pages on or before December 4, 2018. The appellants Toshiba Corporation et al. in file number 37810 are also granted permission to serve and file a single reply factum to the interventions not exceeding five (5) pages on or before December 4, 2018. The respondent is also granted permission to serve and file a single reply factum to the interventions not exceeding five (5) pages on or before December 4, 2018. The interveners are 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 interveners shall pay to the appellants and respondent any additional disbursements resulting from their interventions. Granted |
|
| 2018-10-16 | Submission of motion for leave to intervene, Côt | |
| 2018-10-05 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-10-05 | Neil Godfrey |
| 2018-10-02 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2018-10-02 | Toshiba Corporation |
| 2018-10-02 | Motion to extend time, (Book Form), to serve and file the motion for leave to intevene., Completed on: 2018-10-02 | Consumers' Association of Canada |
| 2018-09-27 | Certificate (on limitations to public access), (Letter Form) | Consumers' Association of Canada |
| 2018-09-27 | Notice of name, (Letter Form) | Consumers' Association of Canada |
| 2018-09-27 | Motion for leave to intervene, (Book Form), motion to ext. time missing - rec'd Oct.2/2018., Completed on: 2018-10-02 | Consumers' Association of Canada |
| 2018-09-25 | Notice of name, (Letter Form) | Canadian Chamber of Commerce |
| 2018-09-25 | Motion for leave to intervene, (Book Form), (joint with 37809), Completed on: 2018-09-25 | Canadian Chamber of Commerce |
| 2018-09-25 | Notice of name, (Letter Form) | Consumers Council of Canada |
| 2018-09-25 |
Motion for leave to intervene, (Book Form), service to come - rec'd Sept.26/2018. (joint with 37809), Completed on: 2018-09-26 |
Consumers Council of Canada |
| 2018-09-21 | Notice of name, (Letter Form), (join with 37809) | Option consommateurs |
| 2018-09-21 | Motion for leave to intervene, (Book Form), (join with 37809), Completed on: 2018-09-21 | Option consommateurs |
| 2018-08-29 | Notice of hearing sent to parties | |
| 2018-08-28 | Certificate of counsel (attesting to record), (Letter Form), Joint with 37809 | Toshiba Corporation |
| 2018-08-28 | Appellant's book of authorities, (Book Form), (2 volumes), Joint with 37809. Updated book of authorities rec'd on 2018-12-06 (electronic version), Completed on: 2018-08-28 | Toshiba Corporation |
| 2018-08-28 | Appellant's record, (Book Form), (5 volumes), Joint with 37809, Completed on: 2018-08-28 | Toshiba Corporation |
| 2018-08-28 | Appellant's factum, (Book Form), Completed on: 2018-08-28 | Toshiba Corporation |
| 2018-08-20 |
Appeal hearing scheduled, 2018-12-11, (previous tentative date was November 16, 2018) Judgment reserved |
|
| 2018-07-25 |
Notice of withdrawal, (Letter Form), Sony Corporation, Sony Optiarc, Inc., Sony Optiarc America Inc., Sony of Canada Ltd., and Sony Electronics, Inc. discontinue this appeal against the respondent. amended notice rec'd 2018/07/26 (Original rec'd 2018/07/31), Completed on: 2018-07-26 |
Sony Corporation, Sony Optiarc, Inc., Sony Optiarc America Inc., Sony of Canada Ltd., Sony Electronics, Inc. |
| 2018-07-05 | Notice of appeal, (Letter Form), Completed on: 2018-07-05 | Toshiba Corporation |
| 2018-06-21 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted), NEW TENTATIVE HEARING DATE OF DECEMBER 11, 2018. | |
| 2018-06-15 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2018-06-14 |
Correspondence received from, (Letter Form), Counsel for the Respondent, re: abridged filing deadlines as agreed upon by all the parties as follows: Notice of Appeal: July 6, 2018 Appellants' factum: August 28, 2018 Respondent's factum: October 23, 2018 |
Neil Godfrey |
| 2018-06-08 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2018-06-08 | Judgment on leave sent to the parties | |
| 2018-06-07 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA43711, 2017 BCCA 302, dated August 18, 2017, is granted with costs in the cause. The appeal will be heard with Pioneer Corporation, et al. v. Neil Godfrey (37809). Granted, with costs in the cause |
|
| 2018-04-09 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2017-12-08 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2017-12-08 | Toshiba Corporation |
| 2017-11-27 | Certificate (on limitations to public access), (Letter Form) | Neil Godfrey |
| 2017-11-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2017-11-27 | Neil Godfrey |
| 2017-10-26 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED ON OCTOBER 26, 2017. | |
| 2017-10-17 | Notice of name | Toshiba Corporation |
| 2017-10-17 | Certificate (on limitations to public access) | Toshiba Corporation |
| 2017-10-17 | Application for leave to appeal, (Book Form), (10 volumes), CA Order missing. Nov.10,2017 - rec'd 2017-12-21, Completed on: 2018-01-02 | Toshiba Corporation |
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 |
|---|---|---|
| Toshiba Corporation | Appellant | Active |
| Toshiba Samsung Storage Technology Corp., Toshiba Samsung Storage Technology Corp. Korea, Toshiba of Canada Ltd., Toshiba America Information Systems, Inc. | Appellant | Active |
| Samsung Electronics Co., Ltd., Samsung Electronics Canada Inc., Samsung Electronics America, Inc. | Appellant | Active |
| Koninklijke Philips Electronics N.V., Lite-On IT Corporation of Taiwan, Philips & Lite-On Digital Solutions Corporation, Philips & Lite-On Digital Solutions USA, Inc., Philips Electronics Ltd. | Appellant | Active |
| Panasonic Corporation, Panasonic Corporation of North America and Panasonic Canada Inc. | Appellant | Active |
| BenQ Corporation, BenQ America Corporation and BenQ Canada Corp. | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Godfrey, Neil | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Option consommateurs | Intervener | Active |
| Consumers Council of Canada | Intervener | Active |
| Canadian Chamber of Commerce | Intervener | Active |
| Consumers' Association of Canada | Intervener | Active |
Counsel
Party: Toshiba Corporation
Counsel
Vera Toppings
333 Bay Street, Suite 2400
Bay Adelaide Centre, Box 20
Toronto, Ontario
M5H 2T6
Telephone: (416) 865-5471
FAX: (416) 364-7813
Email: lcooper@fasken.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Toshiba Samsung Storage Technology Corp., Toshiba Samsung Storage Technology Corp. Korea, Toshiba of Canada Ltd., Toshiba America Information Systems, Inc.
Counsel
Vera Toppings
333 Bay Street, Suite 2400
Bay Adelaide Centre, Box 20
Toronto, Ontario
M5H 2T6
Telephone: (416) 865-5471
FAX: (416) 364-7813
Email: lcooper@fasken.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Koninklijke Philips Electronics N.V., Lite-On IT Corporation of Taiwan, Philips & Lite-On Digital Solutions Corporation, Philips & Lite-On Digital Solutions USA, Inc., Philips Electronics Ltd.
Counsel
Joan Young
2700-1000 Sherbrooke Street West
Montréal, Quebec
H3A 3G4
Telephone: (514) 987-5068
FAX: (514) 987-1213
Email: neil.campbell@mcmillan.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: BenQ Corporation, BenQ America Corporation and BenQ Canada Corp.
Counsel
670-999 Canada Place
Vancouver, British Columbia
V6C 3E1
Telephone: (604) 681-4496
FAX: (604) 681-0920
Email: stephen@scfl-law.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Panasonic Corporation, Panasonic Corporation of North America and Panasonic Canada Inc.
Counsel
Christiaan A. Jordan
Emrys Davis
Suite 3400, P.O. Box 130
One First Canadian Place
Toronto, Ontario
M5X 1A4
Telephone: (416) 777-4885
FAX: (416) 863-1716
Email: rookj@bennettjones.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Samsung Electronics Co., Ltd., Samsung Electronics Canada Inc., Samsung Electronics America, Inc.
Counsel
Litsa Kriaris
4000 - 199 Bay Street
Commerce Court West, 28th Floor
Toronto, Ontario
M5L 1A9
Telephone: (416) 865-4439
FAX: (416) 364-7813
Email: robert.kwinter@blakes.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Godfrey, Neil
Counsel
David Jones
Morgan Andersen
Michelle Segal
Linda J. Visser
400-856 Homer Street
Vancouver, British Columbia
V6B 2W5
Telephone: (604) 689-7555
FAX: (604) 689-7554
Email: rmogerman@cfmlawyers.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Option consommateurs
Counsel
Maxime Nasr
Daniel Belleau
306, Place d'Youville
Bureau B-10
Montréal, Quebec
H2Y 2B6
Telephone: (514) 987-6700
FAX: (514) 987-6886
Email: vleblanc@belleaulapointe.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Consumers Council of Canada
Counsel
Jean-Marc Metrailler
450 Talbot Street
London, Ontario
N6A 4K3
Telephone: (519) 679-9660
FAX: (519) 667-3362
Email: jforeman@harrisonpensa.com
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
Party: Canadian Chamber of Commerce
Counsel
Adam Fanaki
155 Wellington Street West
Toronto, Ontario
M5V 3J7
Telephone: (416) 863-5574
FAX: (416) 863-0871
Email: sforbes@dwpv.com
Agent
2600 - 160 Elgin Street
P.O. Box 466, Stn. A
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com
Party: Consumers' Association of Canada
Counsel
Jean-Marc Leclerc
180 Dundas Street West
Suite 1200
Toronto, Ontario
M5G 1Z8
Telephone: (416) 572-7320
FAX: (416) 977-0717
Email: mseddigh@sotosllp.com
Summary
Keywords
Civil procedure - Class actions - Certification - Representative plaintiff alleging that defendants participated in price-fixing that raised prices for optical disc drives and products containing such devices - Plaintiff seeking certification of action as class proceeding - What is the required standard to certify harm as a common issue based on an economic methodology? Does the evidence of the expert in this case satisfy the standard? Do principles of remoteness or indeterminate liability circumscribe s. 36(1) of the Competition Act? Is s. 36(1) the exclusive civil remedy for breaches of Part VI of the Competition Act?
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.
The respondent is a business man living in British Columbia. The defendants are manufacturers, marketers, distributors, and/or sellers of optical disc drives (ODDs) and ODD Products to customers in Canada, either directly or indirectly through affiliates or independent distributors and retailers. The respondent alleged a global price-fixing conspiracy involving ODDs and products containing such devices. He sought damages for all persons in British Columbia who purchased any such products during a six-year period from 2004 to 2010. The proposed class consisted of both direct and indirect purchasers, as well as purchasers of products that were not manufactured or supplied by the defendants (“Umbrella Purchasers”).
The judge held that the umbrella purchasers could advance a cause of action under the Competition Act.
The appeal was dismissed. The appellate court held that to have a loss certified as a common issue, it was not necessary that each class member suffered harm. Rather, the respondent must show that there is a reasonable prospect of showing that overcharges have been passed through to the indirect purchaser level. With respect to umbrella purchasers, the appellate court dismissed concerns raised by the appellants and held that the respondent would be an appropriate representative of the umbrella purchasers.
Lower court rulings
Supreme Court of British Columbia
S106462; 2016 BCSC 844
Action certified as class proceeding pursuant to Class Proceedings Act, R.S.B.C. 1996, c. 50
Court of Appeal for British Columbia (Vancouver)
CA43711, 2017 BCCA 302
Appeal dismissed
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
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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.
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