This class action alleges that the Defendants unlawfully conspired and agreed among themselves to raise, maintain, fix, and/or stabilize prices at which Chocolate Products were sold in Canada, thereby lessening competition in the Canadian markets for these products.

The Statement of Claim may be viewed here.

Settlements, subject to court approval, 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 settlement agreements can be found at the following links:

- Cadbury Settlement Agreement
- ITWAL Settlement Agreement

- Hershey Canada Settlement Agreement

Cadbury / ITWAL Settlements

The settlements were approved by the Ontario court on May 5, 2010, the British Columbia court on June 10, 2010 and the Quebec court on August 23, 2010. Click here to review the reasons of Mr. Justice Butler (BC).

The Notice of Settlement Approvals can be viewed here:

- English

- French

The remaining non-settling defendants have appealed the approval decisions in both Ontario and BC.  The Appeals were dismissed. View the Court of Appeal Reasons here.

The non-settling defendants then sought leave to appeal to the Supreme Court of Canada.  That application was also dismissed.

The Hershey Canada Settlement

The Hershey Canada settlement must be approved by the Ontario, British Columbia and Quebec courts before it becomes effective. A joint hearing to approve the settlement will be held on May 28, 2012 at 11 am PST/2pm EST. Please click below to view the Hershey Settlement Notices.

- English Long Form

- French Long Form

- English Short Form

- French Short Form

For more information please contact Lise Carmichael, Paralegal at (604) 331-9524 or by email at lcarmichael@cfmlawyers.ca.