Class Action Trends in Quebec and What They Mean for Your Business

• Author: Shaun Finn
• Pages: 293-307

293

CLASS ACTION TRENDS IN

QUEBEC AND WHAT THEY MEAN

FOR YOUR BUSINESS

Shaun Finn

Abstract: Since December 2013, the Supreme Court of Canada

and the Quebec Court of Appeal have rendered important

decisions in the area of class actions in Quebec. Not unlike

the 2001 trilogy, these recent cases have provided signif‌icant

guidance to practitioners and the lower courts. Among other

things, the distinction between authorization (certif‌ication)

and the trial on the merits has been underlined. Petitioners

(plaintiffs) need only demonstrate a n arguable case at author-

ization. Moreover, common questions and the adequacy of

the proposed representative should be assessed on a f‌lexible

basis. The same is true of the petitioner’s legal interest and

the viability of a multijurisdictional class. Consequently, in

order to effectively contest — and defeat — a class action, it

is vital for those doing business in Quebec to under stand the

province’s unique procedural framework, caselaw, and legal

culture.

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