Class Action Trends in Quebec and What They Mean for Your Business

Since December 2013, the Supreme Court of Canada and the Quebec Court of Appeal have rendered important decisions in the area of class actions in Quebec. Not unlike the 2001 trilogy, these recent cases have provided significant guidance to practitioners and the lower courts. Among other things, the distinction between authorization (certification) and the trial on the merits has been underlined. Petitioners
(plaintiffs) need only demonstrate an arguable case at authorization. Moreover, common questions and the adequacy of the proposed representative should be assessed on a flexible basis. The same is true of the petitioner’s legal interest and the viability of a multijurisdictional class. Consequently, in order to effectively contest — and defeat — a class action, it is vital for those doing business in Quebec to understand the province’s unique procedural framework, caselaw, and legal culture.