R. v. Kason Industries Inc.

On the agreed facts the Court convicted Kason Industries Inc. under s.45 of the Competition Act and imposed a fine of $250,000 because that amount appropriately reflected the seriousness of the conspiracy, the involvement of the company president, the need for both general and specific deterrence including deterrence of foreign actors, and accounted for mitigating factors of plea and cooperation, while remaining within the statutory maximum.

Citation: 2011 FC 281
Parties: Crown: Her Majesty the Queen; Accused: Kason Industries Inc.
Court: Federal Court
Jurisdiction: Canada
Judgment Date: 9 March 2011
Procedural Posture: Criminal (competition Act) / Sentencing
Outcome: Convicted and fined $250,000 with payment schedule ordered.
Legal Topics: Conspiracy, Sentencing, Fines, International Conduct
Source Language: English

Competition Law Criminal Law Conspiracy Sentencing Fines International Conduct

Case Brief

Summary, issues, holding and outcome

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Full judgment text Legal principles 4 Authorities cited 1 Party arguments 2 Amounts and remedies 3

Parties

Her Majesty the Queen

Crown

Kason Industries Inc.

Accused

Procedural Posture

Criminal (competition Act) / Sentencing

Legal Issues

1 Appropriate sentence for conspiracy contrary to s.45 of the Competition Act
2 Proper amount of fine to achieve general and specific deterrence
3 Weight to give guilty plea and cooperation as mitigating factors

Ratio Decidendi

Court Disposition

Convicted and fined $250,000 with payment schedule ordered.

Orders

Convict Kason Industries Inc. of an indictable offence contrary to paragraph 45(1)(c) of the Competition Act
Fine of $250,000 payable over five years with a minimum payment of $50,000 within 30 days and the balance of $200,000 payable in yearly instalments of $50,000 over the next four years