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The court interpreted a class action settlement notice plan, approving some electronic and direct-contact measures while rejecting broader notice steps not provided for in the agreement.
Tribunal found on the balance of probabilities that PCMG and Roy made the alleged screening, contacts and 90-day representations and that those representations were misleading and material, but concluded paragraph 74.01(1)(a) applies only to representations made "to the public" meaning to the marketplace; private, invitation-only client meetings behind closed doors were not made to the marketplace and the Deeming Provision did not render them public, therefore the application under s.74.01 failed and was dismissed.
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The Tribunal, exercising its authority under s.74.1 of the Competition Act and with the parties' consent, ordered that the hearing be scheduled for August 20–24, 2001 and imposed a specific pre-hearing timetable governing discoveries, exchange of expert affidavits, service of evidence notices and related filings.
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