Siskinds LLP and Siskinds, Desmeules s.e.n.c.r.l. seek to recover compensation for Canadians in relation to harms suffered from an alleged conspiracy to fix the price at which caustic soda was sold in Canada.
“Caustic Soda”, also known as sodium hydroxide (NaOH) or lye, is a commodity chemical sold in solid and liquid forms. Caustic Soda is used by customers in a variety of industries, including paper, pulp and cellulose; chemical production; soaps and detergents; aluminum; food processing; water treatment; textiles; mineral oils; recycling; and pharmaceuticals.
The plaintiffs allege that since at least October 1, 2015 until February 29, 2020, the defendants and senior executives of the corporate defendants participated in illegal and secretive meetings and made agreements relating to price targets, specific price increases, and market share divisions for Caustic Soda in North America, including Canada.
Class proceedings were commenced in the Federal Court on November 13, 2020 on behalf of a national class. Parallel class proceedings were also filed in Quebec on October 7, 2020 by Siskinds, Desmeules s.e.n.c.r.l. on behalf of a class of Quebec residents. These actions seek to recover damages on behalf of Canadians who purchased Caustic Soda and products containing caustic during the conspiracy period.
Developments
Federal Court Action
On November 13, 2020 a proposed class action was commenced before the Federal Court by Siskinds LLP. The claim was amended by order dated December 15, 2022.
By Order dated December 15, 2022, the action was discontinued as against the defendant Occidental Petroleum Corporation. You can view of a copy of the Order here.
The action is continuing against the remaining defendants.
The next step in the litigation will be the certification hearing. At the certification motion, the court will determine whether the litigation is properly prosecuted as a class action. The certification motion is scheduled to be heard October 24-26, 2023.
Quebec Action
On October 7, 2020 a similar class action was commenced in Quebec by Siskinds, Desmeules.
On December 10, 2021, the Quebec action was stayed by the Quebec Superior Court to give precedence to the Federal court class action. You can view a copy of the order by clicking here (French only).
FAQs
What is a class action?
A class action is a lawsuit that is brought by one or more persons on behalf of a larger group of people whose claims share common legal and/or factual issues. Class actions provide a cost-effective way for groups of people with common interests to pursue a legal claim.
What does “certification” mean?
Certification is the motion where the court determines whether the action can properly be pursued as a class action. The court will consider factors such as whether the claims of the class members raise common legal and/or factual issues and whether a class action is the preferable method of pursuing the claims (as opposed to other methods, such as individual actions).
Do I have to pay anything to participate in the class action?
Class action lawyers are usually paid on a contingency basis. This means that class counsel are only paid if successful. Class counsel are paid a percentage of any settlement or court award. Class counsel fees are subject to court approval.
Who is affected by the Caustic Soda class action?
You are affected by the class action and are a “member” of the class if you are a person in Canada who purchased Caustic Soda and/or products containing Caustic Soda between October 1, 2015 and February 29, 2020.
Can I join the class action?
There are no steps required to “join” the class action. Assuming you fall within the scope of the class definition, you are automatically included in the class action unless you “opt-out” (exclude yourself from the class action).
Can I opt-out of the class action?
Yes. Once the class action has been authorized or certified, you will have the opportunity to opt-out of the class action within a period of time to be determined by the Court. If you exclude yourself, you will not be entitled to any compensation awarded under a settlement agreement or court order. You may however pursue your own action on an individual basis.
Generally, class members will wish to exclude themselves from a class action if they intend to bring their own individual action. In the majority of cases, it will be more economical to participate in the class action because the legal costs will be shared among a very large number of people.
What should I do to protect my rights?
To protect your rights, you should:
- Keep records of any purchases of Caustic Soda and products containing Caustic Soda purchased between October 1, 2015 and February 29, 2020.
- Register to receive updates on this case by filling out the form below.
All personal information provided will remain private and confidential.
I still have a question. Who should I contact?
If you have any other questions, please complete the Get in Touch form below.
You may also contact our Quebec firm, Siskinds, Desmeules, by phone at 418.694.2009 or at the toll free number 1.877.735.3845 or by email at [email protected].
Documents
Federal Court Action
- Discontinuance order action against Occidental Petroleum Corporation - Ontario Superior Court of Justice - December 15, 2022
Quebec Action
- Stay Order - Quebec Superior Court - December 10, 2021 (in French only)