Chocolate Class Action

NEW Update - August 24, 2011

The Settlement Approval Notice in this action is now available for download in PDF format.

Read the Settlement Approval Notice in either English or French.

Update - July 30, 2011

On July 9, 2011, the Supreme Court of Canada dismissed the non-settling defendants' applications for leave to appeal the decisions of the BC and Ontario Courts of Appeal, with costs.

Update - June 11, 2011

The Supreme Court of Canada is considering the non-settling defendants' application for leave to appeal. We hope to know whether the Court will hear the appeal by the end of July.

Update - February 28, 2011

The Appeal Courts in British Columbia and in Ontario have both dismissed the appeals brought by the non-settling defendants in relation to the approval of the Settlement. The non-settling defendants are seeking leave to appeal to the Supreme Court of Canada.

Update - October 29, 2010

The Courts in BC, Ontario and Quebec have approved the Settlement.

The defendants have appealed the BC and Ontario decisions approving the Settlement and accordingly, we will have to await the outcome of these appeals before any further steps can be taken.

The hearing of the Ontario appeal is scheduled to take place on December 7, 2010.  The hearing of the BC appeal is scheduled to take place on January 17 and 18, 2011.

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: