The Pre-authorization Disclosure of Legal Grounds: Why Recognition of the Right to Legal Particulars Is Appropriate and Needed in the Quebec Class Action Context

• Author: Gene Kruger and Shaun Finn
• Pages: 179-202

179

THE PRE-AUTHORIZATION

DISCLOSURE OF LEGAL

GROUNDS: WHY RECOGNITION

OF THE RIGHT TO LEGAL

PARTICULARS IS APPROPR IATE

AND NEEDED IN THE QUEBEC

CLASS ACTION CONTEXT

Gene Kruger and Shaun Finn

Abstract: Unlike in other juri sdictions, Quebec petitioners

often do not set out the theories of liabilit y they intend to

invoke. Rather than specifying the cod if‌ied, statutory, or

regulatory pri nciples and provisions on which their proposed

class action is ba sed, such petitioners generally content them-

selves with allegations like “the suit for which authorization

is sought is an action in damages.” In this article, the authors

explain th at statements of this ty pe are insuff‌icient and t hat

it is often in the interest s of everyone, including the class

members, that the t rue nature and scope of the proceeding be

understood. Accordingly, when petitioners fail to state their

case with appropriate precision, motions to obtain legal par-

ticulars should be granted.

ccar 9-1.indb 179 12/12/2013 12:37:29 PM

ccar 9-1.indb 180 12/12/2013 12:37:29 PM