Law360 Canada ( September 12, 2024, 11:12 AM EDT) -- Appeal by appellant from dismissal of her motion to certify a class proceeding arising out of alleged price-fixing conspiracy in market for canned tuna in Canada. The motion judge (judge) refused to certify the proceeding on the basis that it failed to satisfy three of the five criteria for certification under s. 5(1) of the Class Proceedings Act. While three of the respondents participated in a price-fixing conspiracy for canned tuna in the United States, most of the respondents did not sell canned tuna in Canada. The appellant alleged that there was a related Canadian conspiracy involving the United States conspirators and their Canadian affiliates/subsidiaries. She submitted that the judge erred in finding that the pleadings did not disclose a reasonable cause of action, that there was no basis in fact for the existence of common issues and that a class proceeding was not the preferable procedure....