Chocolate Class Action

Settlements have been reached with two sets of Defendants: Cadbury Adams Canada Inc. and Cadbury Holdings Limited (formerly known as Cadbury Schweppes PLC), and ITWAL Limited.  The settlements are subject to court approval in Ontario, British Columbia and Quebec.  The Ontario approval hearing is April 21, 2010.  The British Columbia approval hearing will be on May 25, 2010.  The Quebec approval hearing will be on June 8, 2010.  Copies of the settlement agreements, and of the long form and short form notices with more information can be found by clicking below:

• Cadbury Settlement Agreement
• ITWAL Settlement Agreement
• Long Form Notice - English
• Long Form Notice - French

This class action alleges that the Defendants unlawfully conspired to raise, maintain, fix, and/or stabilize prices at which Chocolate Products were sold in Canada.  The term "Chocolate Products" refers to any and all chocolate confectionary products of the Defendants.

The plaintiff alleges that from at least February 1, 2001 to November 28, 2007, the Defendants and their senior executives participated in illegal and secretive meetings and made agreements relating to price targets, specific price increases, market share divisions and production capacity for Chocolate Products.

The British Columbia action is being brought by Jacob Stuart Main. A copy of the Amended Statement of Claim filed in British Columbia can be found by clicking here.

The first step in this proposed class action will be for the Court to consider whether it should be certified as a class action pursuant to the Class Proceedings Act. A date for this hearing has not yet been set.

Actions have also been commenced on behalf of residents of other provinces by our co-counsel or local agents in Newfoundland, Ontario, Quebec, Saskatchewan, Nova Scotia, Alberta, Manitoba and New Brunswick. Copies of these various actions can be found below:

• Newfoundland & Labrador Statement of Claim
• Ontario Statement of Claim
• Quebec Motion for Authorization to Institute a Class Action
• Saskatchewan Statement of Claim
• Nova Scotia Statement of Claim
• Alberta Statement of Claim
• Manitoba Statement of Claim
• New Brunswick Notice of Action with Statement of Claim

We are compiling a database of potential class members and encourage you to let us know if you think you are a member of the proposed class. You can reach us by mail, fax, email or telephone at the following address: