Farmed Atlantic Salmon Price-Fixing Class Action
Koskie Minsky LLP, Siskinds LLP and Sotos LLP filed a proposed class action lawsuit against some of the biggest farmed Atlantic salmon producers in the world.
This proposed class action alleges that the defendants unlawfully conspired to fix the global and North American prices of farmed Atlantic Salmon in violation of Canada’s Competition Act.
The proposed class action includes all persons in Canada who purchased Salmon between April 10, 2013 and the date of certification of this action or such other date as the Court determines appropriate (“Class Period”). Excluded from the class are the defendants, their parent companies, subsidiaries, and affiliates.
Salmon is defined as farmed Atlantic salmon and products containing or derived from farmed Atlantic salmon.
For further inquiries about this class action, please contact us at salmonclassaction@kmlaw.ca
-
Latest Developments
-
October 7, 2024
The Federal Court of Canada has approved a Canada-wide settlement that resolves this class action alleging price fixing and related conduct, on behalf of persons in Canada who purchased farmed Atlantic salmon and products containing Atlantic salmon. The settlement is a compromise of disputed claims and is not an admission of liability, wrongdoing or fault by any party.
The Defendants agreed to pay $5.25M for the benefit of the Settlement Class Members. The net settlement funds available to be distributed to qualifying Settlement Class Members are approximately net CAD $2.5 million.
Recognizing that not all Settlement Class Members are eligible to submit a claim, a cy pres distribution has been made to Food Banks Canada.
The remaining net settlement funds will be shared pro rata among eligible claimants. Under the protocol approved by the Court, only persons who purchased a minimum of $1 million of farmed Atlantic Salmon between April 10, 2013 and February 20, 2019 will be able to make a claim for compensation. Where available, Settlement Class Members can rely on the purchase information provided by Defendants pursuant to the terms of the Settlement Agreement.
Claims for settlement benefits must be filed online at https://www.siskinds.com/class-action/salmon/ on or before the Claims Deadline of February 7, 2025.
For more information, please see the Notice document here.
-
October 18, 2023
A settlement has been reached with the following defendants totalling CDN$5.25 million:
-
-
- Cermaq Canada Ltd., Cermaq Group AS, Cermaq Norway AS, and Cermaq US LLC;
- Grieg Seafood ASA, Grieg Seafood BC Ltd., Grieg Seafood Sales North America Incorporated (formerly known as Ocean Quality North America Inc.), Grieg Seafood Sales Premium Brands, Inc. (formerly known as Ocean Quality Premium Brands Inc.), and Grieg Seafood Sales USA Inc. (formerly known as Ocean Quality USA Inc.);
- Lerøy Seafood AS, and Lerøy Seafood USA Inc.;
- Marine Harvest Atlantic Canada Inc., Mowi ASA, Mowi Canada West Inc., Mowi Ducktrap, LLC, and Mowi USA, LLC;
- Nova Sea AS;
- SalMar ASA; and
- Sjór AS (formerly known as Ocean Quality AS).
-
The settlement is subject to approval by the Federal Court. The application for approval of the settlement will be heard by the Federal Court on November 30, 2023 at 9:30 a.m. via video conference.
Settlement Class Members have an opportunity to opt out of (exclude themselves from) the class action. Please review the Notice of Certification and Settlement Approval Hearing for more information. [English] [French]
At the approval hearing, the Federal Court will be asked to approve a method of distributing the settlement funds to settlement class members. Please review the Proposed Distribution Protocol for more information. [English] [French]
-
-
October 12, 2023
The Federal Court conditionally certified this class action for settlement purposes and approved the notice of certification and settlement approval hearing. A copy of the Court Order can be found here
-
April 26, 2021
An Amended Statement of Claim is issued by the Plaintiffs, with leave of the Court.
-
October 11, 2019
The Plaintiff issued the Statement of Claim
-
October 7, 2024
-
News Releases and Reports
-
Documents
- October 7, 2024 AVIS D'APPROBATION DU RÈGLEMENT ET PROCESSUS DE RÉCLAMATION
- October 7, 2024 Notice of Settlement Approval & Claims Process
- February 9, 2024 Order And Reasons
- October 17, 2023 Distribution Protocol - English
- October 17, 2023 Distribution Protocol - French
- October 17, 2023 Notice of Certification and Settlement Approval Hearing - English
- October 17, 2023 Notice of Certification and Settlement Approval Hearing - French
- October 6, 2023 Order
- April 26, 2021 Consolidated Statement of Claim
- October 11, 2019 Statement of Claim
-
FAQS
What is a class action?
A class action is a lawsuit which provides a method for a large group of people with common claims to join together to advance one large claim. Class actions are a more efficient and cost-effective way for groups of people with common claims to gain access to the legal system and seek justice.
What does certification mean?
In order for an action to proceed as a class action, the court must determine whether it is appropriate for the case to be treated as a class action. Some of the factors the courts consider are the extent to which the claims of the class
members are common, and whether a class action is preferable to other methods (such as individual actions) of advancing the issues. The decision as to whether a class action should be certified takes place at a certification hearing and is decided by a judge. If certified, a representative plaintiff will advance the action on behalf of all of the class members.How do I know if I am a Class Member?
The certification order will always contain a description of who is a class member. We post the certification orders in our actions so that you can review them. You do not need to “sign up” to become involved in a class action. If you are included in the class description, you are automatically a class member who will be affected by the outcome of the class action unless you decide to “opt out”.
Are Class Members notified of the certification of the class proceeding?
Yes. After the claim has been certified, the court will authorize notice to be given to the members of the class.
Can I opt out of a class action and pursue independent legal action?
Yes. When a class action is certified, class members are always given an opportunity to opt out of the action. A deadline is imposed for opting out. If you do not opt out by the given deadline, class members will be bound by the outcome of the class action, whether it is successful or unsuccessful. If you opt out, you will not receive any benefit if the action is successful.
Will there be any cost to class members for legal fees?
Typically, class actions are handled on a contingency fee basis, which means that the class action lawyers will be paid only if the class action is successful at trial or settled. In that case, class counsel fees may be paid by the defendants or out of the settlement or judgment proceeds as approved by the court. In addition, the plaintiff may seek funding assistance from the Class Proceeding Fund which, if funding is granted, may provide funding for disbursements.
I still have questions…
Please feel to contact us by using the contact information on this site.
-
Contacts
Toll-free: 1-833-786-0018
Email: salmonclassaction@kmlaw.ca
