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.
ccar 11-2.indb 2933/8/2016 2:27:25 PM
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