L’oratoire Saint-joseph Du Mont-royal v Jj and the Growing Complexity of Quebec’s Authorization Criteria

AuthorShaun E Finn
L’Oratoire Saint-Joseph du Mont-Royal v JJ and the
Growing Complexity of Quebec’s Authorization
Shaun E Finn
: In this case comment, the author analyses L’Oratoire Saint-
Joseph du Mont-Royal v JJ, a decision in which a majority of the Supreme
Court of Canada upheld the authorization of a class action against two
religious institutions in the context of alleged sexual abuse. Among other
things, the decision highlights discrepancies between various justices as
to how the criteria for authorization contained in the Quebec Code of
Civil Procedure1 should be conceived and applied. Rather than clarifying
the state of the law when it comes to authorization, it is arguable that the
decision — which contains vigorous dissenting opinions by the Court’s
civilian members — complicates matters further for lower court judges,
practitioners, and litigants alike. The common law majority’s expansive
approach to assessing the arguable case criterion of article 575(2) CCP
also runs the risk of giving the green light to class actions that are def‌i-
cient on their very face, contrary to the interests of proportionality.
1 CQLR c C-25.01 [CCP].
CCAR 15-2.indb 85 3/2/2020 3:50:29 PM
CCAR 15-2.indb 86 3/2/2020 3:50:29 PM

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