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Documents from The Court File No. T-2117-17 FEDERAL COURT PROPOSED CLASS PROCEEDING BETWEEN: (Court Seal) ANDREW BALODIS Plaintiff and GEORGE WESTON LIMITED; LOBLAW COMPANIES LIMITED; WESTON FOODS (CANADA) INC.; WESTON BAKERIES LIMITED; MAPLE LEAF FOODS INC.; CANADABREA,D COMPANY, LIMITED; . EMPIRE COMPANY LIMITED; SOBEYS INC.; METRO INC.; WAL~MART CANADA CORP:; and: GIANT TIGER STORES LIMITED. Defendants AMENDED STATEMENT OF CLAIM (Amended Pursuant to Rule 200 of the Federal Courts Rules) TO THE DEFENDANTS: A LEGAL PROCEEDINGHAS BEEN COMMENCED AGAINST YOU by the plaintiff. The claim made against you is set out in the following pages. IF YOU WISH TO DEFEND THIS PROCEEDING, you or a solicitor acting for you are required to prepare a statement of defence in Form 171B prescribed by the Federal Courts Rules, serve it on the plaintiffs .solicitor, or where the plaintiff does not have a solicitor, serve it on the plaintiff, and file it; with proof of service, at a local office of this Court, WITHIN 30 DAYS after this statement of claim is served on you, if you are served within Canada. · If you are served in the United States of America, the period for serving and filing your statement of defence is 40 days. If you are served outside Canada and the United States of America, the period for serving and filing your statement of defence is 60 days. Coples ofthe Federal Courts Rules, information concerning the local offices of the Court, and other necessary information may be obtained on request to the Administrator of this Court at Ottawa (telephone 613-992-4238), or at any local office. -2- IF YOU FAIL TO.DEFEND THIS PROCEEDING, judgment may be given against you in your absence and without further notice to. you. Date December 29, 2017 Issued by (Registry Officer) Address of local office: 180 Queen Street West, Suite 200 Toronto, Ontario M5V 3L6 TO: GEORGE WESTON LIMITED 22 St. Clair A venue East, Suite 800 Toronto, Ontario M4T 2S5 'AND TO: · LCJBLAW COMPANIES LIMITED · 22 St.. Clair Avenue East, Suite 800 . Toronto, Ontario M4T 2S5 ·. AND To:· WESTON FOODS (CANADA) INC. 22 St. Clair A venue East, Suite 800 Toronto, Ontario M4T2S? . AND TO: WESTON BAKERIES LIMITED . 22 St. Clair Avenue East, Suite 809 Toronto, Ontario M4T 2S5 AND TO: MAPLE LEAF FOODS INC. :1_ 6985 Financial Drive · · · ,Mississauga, Ontario L5N OAl AND TO: CANADA BREAD COMPANY, LIMITED 10 Four· SeasonsI Place . Etobicoke, Ontario M9B QH7 AND TO: EMPIRE COMPANY LIMITED 115 King Street Stellarton, Nova Scotia BOK 1SO AND TO: SOBEYS INC. 115 King Street Stellarton, Nova Scotia BOK 1SO AND TO: METRO INC. 11011 Boulevard Maurice-Duplessis Montreal, Quebec HlC 1V6 - 3 - AND TO: WAL-MART CANADA CORP. 1940 Argentia Road Mississauga, Ontario LSN 1P9 AND TO: GIANT TIGER STORES LIMITED 2480 Walkley Road Ottawa, Ontario KlG 6A9 - 4 - CLAIM 1. The plaintiff claims on behalf of himself and the Class: . (a) An order certifying this action as a Class proceeding pursuant to the. Federal Courts Rules, and appointing the plaintiff as the representative plaintiff for the Class; (b) Damages or compensation, calculated on an aggregate basis or ........ otherwise,_in an amoun.1 nPUQ ~}(~~~c.!$~,~OQ,QQQ!Q9Q1 f()r breach of part VI of the Competition Act; .· (c) Pre- and post"'judgment interest in ~ccordance with sections 36 and 37 of the Federal Courts Act; (d) · Costsofbo~h the investig.ation and prosecution ofthe action, incl';lding applicable taxes, on a. full or complete indemnity basis pursuant to section 36 of the CompetitionAct and the Federal .Court$ Rules; and ( e) · Such further arid other relief as to this Honourable Court may seem just. NATURE OF THE ACTION 2. This case concerns the already notorious conspiracy among the major producerssuppliers and retailers of baked goods in Canada to fix the price of fresh commercial bread ("bread"). The conspiracy first came to light in December 2017 . - 5 - when one of Canada's most esteemed companies.- Weston - publicly admitted to participating in an industry-wide conspiracy to fix bread prices since 2001. 3. There may be no food more essential to sustaining human life than bread. It is estimated that among everyone on earth, the average person obtains 30 percent of their calories from wheat, the vast majority of those from bread. This rises to roughly 50 percent of all calories for the poorest people. 4. The conspiracy disproportionately impacted. those least able to afford the . illegally increased bread prices. During the period of the price fixing conspiracy · admitted. to by Weston, the Canadian market.for bread w~s over $25 billion dollars. Toward the· latter end of the conspiracy, the average Canadian family was spending ·. over $450 per year on bread. 5. The operati~n of the conspiracy and its impact on the Canadian public has · . .· . begun to be revealed by Weston's admissions and economic analysis. A~ Weston admitted, the conspiracy "involved the coordination of retail and wholesa~e prices of . ·· certain packaged bread products," and "the participants regularly increased prices on a coordinated basis." 6. Economic analysis has revealed that during the Class Period, bread prices have increased atby at least two-times the rate of what economic factors would predict. For example, between 2006 and 2011, the value of bread sold in Canada grew at almost double the rate of the volume of bread sold. And over the entirety of the Class Period, the price of bread in Canada increased at double the rate of the price of food in general. -6- 7. This litigation is tailor-made for treatment as a class action because: (a) it promotes judicial efficiency by avoiding the millions of claims that would be required to achieve compensation for each Canadian harmed by the conspiracy; (b) it provides practical access to justice, as the cost to an individual of litigating against these large corporations is out of proportion to each individual's monetary claim; and . ( c) · . it is the only practical d.eterrent to future conduct of this type, as it is the orily mechanism to ensure thatthis type of economic crime does not pay. ' 8. This may be that rare case where all parties to the litigation should support a complete damage award of the entire ov~rcharge. The Class members obvimJsly support this result, as it means a recovery of money taken from them illegally. 9, The shareholders of the defendants, who assert ignorance of the illegal activities, count among them some· of the wealthiest.people in this country. These shareholders presumably do n<;>t want to be tainted by receipt or retention of illegally obtained funds, as was displayed by Weston's admission of wrongdoing. 10. Canadian society as a whole has an interest in ensuring that such admitted and illegal conduct is not rewarded. Oth~rwise, there is no effective deterrent to similar conduct in the future. - 7 - THE PLAINTIFF AND THE CLASS · 1 L The plaintiff, Andrew Balodis, is a resident.of Toronto, Ontario. During the Class Period, Balodis purchased bread produced and sold by one or more of the defendants . 12. The plaintiff seeks to represent a Class defined as: All persons or entities in Canada who, from January 1, 2001 to the present (the "Class Period"), purchased fresh commercial bread (meaning packaged bread products and bread alternatives, including but not limited to bagged bread, buns, rolls, bagels, naan bread, English muffins, wraps, pita, and tortillas). Excluded from the Class are the defendants and their parent companies, subsidiaries, and affilhites. THE DEFENDANTS · ·· n. Whenever reference is made t? any defendantentity, suchreference includes . that .entity and its parent companies, subsidiaries, affiliates, predecessors, and successors. In addition, whenever reference is made to any act, deed, or transaction of · any entity, the allegation means that the entity engaged in the act, deed, or tr,ansaction by or through its officers, directors, agents; employees, or representatives while they were actively engaged in the management, direction, control, or transaction of the entity's business or affairs, 14. Various other entities, persons, firms, and corporations, that are unknown and not named as defendants, have participated as co-conspirators with the defendants and have performed acts or made statements in furtherance of the conspiracy. The - 8 - defendants are jointly and severally liable for the acts of their co-conspirators whether named or not named as defendants in this claim. Weston 15. The defendant George Weston Limited is a Canadian corporation with its head office in Toronto, Ontario. George Weston Limited owns and controls the defendants Lol;>law Companies Limited, Weston Foods (Canada) Inc., and Weston . ' Bakeries Limited. During the Class .Period, George Weston Limited .Produced and sold bread through its subsidiari.es. 16. As used herein, the term "Weston'' refers to the defendant George Weston ·Limited. Loblaws 17. The defendant Loblaw Companies Limited is a Canadian corporation with its head office in Toronto, Ontario. It is a subsidiary of George Weston Limited. Lob law Companies Limited is a grocery retailer with over 1,000 stores across Canada operati.ng urider banner Nlmes including Loblaws, No Frills, Real Canadian · Superstore, Zehrs, Fortinos, andothers. Lob law Companies Limited sold bread during the Class Period. 18. Throughout the Class Period, Lob law Companies Limited, .under the direction of George Weston Limited, directly participated in the conspiracy to increase the price of bread. ·George Weston Limited's management expressly directed Loblaw Companies Limited to participate in the illegal price fixing conspiracy. George - 9 - Weston Limited completely dominated and controlled Loblaw Companies Limited, and used Lob law Companies Limited as a shield for its illegal conduct. 19. As used herein, the term ''Loblaws" includes the defendants George Weston Limited and Loblaw Companies Limited.
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