Read the decision: https://www.canlii.org/en/qc/qcca/doc/2023/2023qcca132/2023qcca132.html
A recent decision will have a big impact on future applications for authorization to institute a class action, especially in competition law. In January 2023, in Hazan v. Micron Technology inc. (2023 QCCA 132), the Court of Appeal upheld a judgment by the Superior Court of Québec denying authorization to institute a class action regarding an alleged international conspiracy, due to lack of sufficient evidence. BLG represented Samsung’s entities in this case.
This is the first decision since Infineon wholly denying authorization to institute a class action regarding an alleged conspiracy due to lack of sufficient evidence. The judgment confirms the application of the colour of right criterion in the specific context of a competition law class action.