Emrys Davis

Emrys Davis

Bennett Jones LLP

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Latest Publications


Ontario Court of Appeal says Draft Expert Reports are not Producible

The Court of Appeal for Ontario confirmed today that: - counsel can and should discuss draft expert reports with their expert witnesses, and - draft reports and other communications between counsel and...more

1/30/2015 - Appeals Canada Draft Documents Expert Testimony

Competition Act Tort Claims Still Viable: Fairhurst v Anglo American PLC

Can indirect purchasers claim damages in tort for breaches of the Competition Act? This was one of the issues before the British Columbia Supreme Court in Fairhurst v Anglo American PLC, 2014 BCSC 2270. Madam Justice Brown...more

12/8/2014 - Canada Competition Act Intentional Torts

Supreme Court of Canada Grants Civil Plaintiffs Access to Competition Bureau Wiretaps

Canadian civil plaintiffs can now access wiretaps collected by authorities in the context of criminal investigations. The issue of access arose in the aftermath of the Competition Bureau’s octane investigation. Between 2004...more

10/21/2014 - Class Action Criminal Prosecution Oil & Gas Price-Fixing SCC Wiretapping

Canadian Court Certifies Visa/Mastercard Class Action

In reasons publicly released on Thursday March 27, 2014, Chief Justice Bauman certified two classes of Canadian merchants who allege a price-fixing conspiracy related to Visa and MasterCard interchange fees. As the first...more

3/31/2014 - Canada Class Action Credit Cards MasterCard Visa Inc

Canada's Supreme Court Opens the Door to Indirect Purchaser Class Actions

On October 31, 2013, the Supreme Court of Canada released three decisions which many commentators had predicted would be the most critical antitrust class action decisions in recent memory. The Supreme Court did not...more

11/1/2013 - Canada Class Action Class Certification Competition Indirect Purchasers

Canadian Competition Bureau Updates its Immunity and Leniency Program FAQs

On September 25, 2013, the Canadian Competition Bureau released updated FAQs for its Immunity and Leniency Programs. These two programs, which offer whistleblowers immunity from prosecution and lenient treatment on...more

9/30/2013 - Canada Competition Immunity Leniency Programs Whistleblower Protection Policies Whistleblowers

Ontario Court of Appeal Upholds Dismissals for Delay

On June 4, 2013, the Ontario Court of Appeal released two decisions about dismissals for delay. In Faris v. Eftimovski, the Court upheld a status hearing dismissal. In Nissar v. The Toronto Transit Commission, the Court...more

6/11/2013 - Canada Delays Dismissals Standard of Review Trials

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