Competition Act (R.S.C., 1985, c. C-34)

Marginal note:Recovery of damages

• 36 (1) Any person who has suffered loss or damage as a result of

  • (a) conduct that is contrary to any provision of Part VI, or

  • (b) the failure of any person to comply with an order of the Tribunal or another court under this Act,

  may, in any court of competent jurisdiction, sue for and recover from the person who engaged in the conduct or failed to comply with the order an amount equal to the loss or damage proved to have been suffered by him, together with any additional amount that the court may allow not exceeding the full cost to him of any investigation in connection with the matter and of proceedings under this section.

• Marginal note:Evidence of prior proceedings

  (2) In any action under subsection (1) against a person, the record of proceedings in any court in which that person was convicted of an offence under Part VI or convicted of or punished for failure to comply with an order of the Tribunal or another court under this Act is, in the absence of any evidence to the contrary, proof that the person against whom the action is brought engaged in conduct that was contrary to a provision of Part VI or failed to comply with an order of the Tribunal or another court under this Act, as the case may be, and any evidence given in those proceedings as to the effect of those acts or omissions on the person bringing the action is evidence thereof in the action.

• Marginal note:Jurisdiction of Federal Court

  (3) For the purposes of any action under subsection (1), the Federal Court is a court of competent jurisdiction.

• Marginal note:Limitation

  (4) No action may be brought under subsection (1),

  • (a) in the case of an action based on conduct that is contrary to any provision of Part VI, after two years from

    • (i) a day on which the conduct was engaged in, or

    • (ii) the day on which any criminal proceedings relating thereto were finally disposed of,

    whichever is the later; and

  • (b) in the case of an action based on the failure of any person to comply with an order of the Tribunal or another court, after two years from

    • (i) a day on which the order of the Tribunal or court was contravened, or

    • (ii) the day on which any criminal proceedings relating thereto were finally disposed of,

    whichever is the later.