Consequences of the Courts’ More Liberal Approach to the Admission of Relevant Evidence at the Authorization Stage

• Author: Marianne Ignacz and Anne-Louise Lamarre
• Pages: 149-157

149

CONSEQUENCES OF THE COURTS’

MORE LIBER A L A PPROACH

TO THE ADMISSION OF

RELEVANT EVIDENCE AT THE

AUTHORIZATION STAGE

Marianne Ignacz and Anne-Louise Lamarre

Abstract: The following article is an over view of recent

caselaw where, at the authori zation stage, the court took into

consideration relevant evidence which had been authorized

by the case ma nagement judge to assess the criteria cont ained

in Article 1003 CCP. The overview reveals that the releva nt

evidence adduced brought to light elements that proved to be

determinative in t he court’s decision in that, if t hey had been

denied as relevant evidence, author ization of the class act ion

would likely have been grante d and it would only have been

discovered later th at the action was ill-founded at the outset.