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Price fixing lawsuit in Quebec denied access to federal evidence

OTTAWA — A class action suit against oil companies and gas retailers in Quebec over alleged price fixing may be in jeopardy after the Supreme Court of Canada ruled today that lawyers for the claimants cannot interview the chief investigator in the ca

OTTAWA — A class action suit against oil companies and gas retailers in Quebec over alleged price fixing may be in jeopardy after the Supreme Court of Canada ruled today that lawyers for the claimants cannot interview the chief investigator in the case.

Nor can they get access to any of the documents uncovered by the Competition Bureau in its investigation.

The government argued federal law gives the Crown immunity from having to testify or provide documents in a lawsuit.

Lower courts in Quebec said the law provides immunity only in matters where the Crown or its representatives — in this case the Competition Bureau and its chief investigator — were suing or being sued.

The Supreme Court disagreed in a 7-0 ruling, saying that, in the absence of specific language in the law lifting the immunity when the Crown isn't directly involved, the assumption is that the immunity still exists.

The class action suit arose after the Competition Bureau found evidence of widespread price fixing at gasoline outlets in Quebec and laid charges against more than three dozen people and 15 different companies.

 

 

The Canadian Press

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