L’étape Du Recouvrement en Matière de Recours Collectif : Les Enjeux et Les Objectifs Sociaux

• Author: David Stolow et Robert Kugler
• Pages: 3-27

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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