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Court of Appeal decision offers guidance on when an international class action will be certified

Tuesday, October 24, 2017 @ 12:12 PM | By Amanda Jerome

In a decision on a claim of conspiracy to fix prices of air freight shipping services to Canada, the Ontario Court of Appeal has set down a three-part test for when an international class action can be asserted when jurisdiction over absent foreign claimants (AFCs) is in question.

Linda Visser, Siskinds LLPIn Airia Brands Inc. v. Air Canada 2017 ONCA 792, the court heard that the appellants, Airia Brands Inc., alleged that airlines, including British Airways PLC, Air Canada and AC Cargo Limited Partnership, shared in...