L’étape Du Recouvrement en Matière de Recours Collectif : Les Enjeux et Les Objectifs Sociaux
Author | David Stolow et Robert Kugler |
Pages | 3-27 |
L’ÉTAPE DU RECOUVREMENT
EN MATIÈRE DE RECOURS
COLLECTIF : LES ENJEUX ET LES
OBJECTIFS SOCIAUX
David Stolow et Robert Kugler
Abstract: In Quebec, a clas s action has three stages: (1) author-
ization, (2) the trial of the questions of law and fact to be dealt
with collectively (if authorization is granted), and (3) recovery
or individual claims (if the action is maintained and if the
collective questions are answered in favour of the plaintiff).
Over the years and, in particular, subsequent to the 2003
amendments to Quebec’s Code of Civil Procedure,much has
been written about the author ization stage, whose criteria are
less stringent than in other Canadian jurisdictions. The re-
covery stage, which has attracted less attention, is a critical
step for class action plaintiffs, defendants, and members of
the class. This article examines the recovery stage and, more
particularly, the principal modes of recovery — which are
often subject to confusion — including the circumstances
under which they apply and the tendencies in this respect,
having regard to the social purpose of class actions. This
article also examines, at the recovery stage, the role played
by the Fonds d’aide aux recours collectifs and the interaction
between the mode of collective recovery and claims for puni-
tive damages.
CCAR 11-1.indb 310/19/2015 11:49:42 AM
CCAR 11-1.indb 410/19/2015 11:49:42 AM
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