11:00 am – 12:00 pm

This session will cover the Federal Court of Appeal’s recent decision Toronto Regional Real Estate Board v. Sunderland, 2026 FCA 171 and its impact on future price fixing conspiracy claims including:

1. The interpretation of “control” in s. 45 of the Competition Act;

2. The liability of non-competitors for conspiracies under s. 45 of the Competition Act; and

3. The liability of non-competitors for damages under s. 36 of the Competition Act.

The panel will dissect the Court's decision, explain its reasoning, and how it lines up with principles of Canadian competition law. The panel will also discuss implications of the decision for future price fixing conspiracy claims. What could future actions involving non-competitor and hub-and-spoke conspiracy claims look like post-Sunderland?

Speakers:

Garth Myers, Kalloghlian Myers LLP

Stephen Aylward, Stockwoods LLP

Katherine Kay, Stikeman Elliott LLP

Moderator:

Michael Cui, McCarthy Tétrault LLP