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Canadian Class Actions Monitor

Tag Archives: presumption of prejudice

Proven or presumed prejudice? The Quebec Court of Appeal clarifies the burden of proof under consumer protection law

Posted in Class Actions

Is a consumer plaintiff required to prove the actual prejudice suffered and its causal link with the alleged violation in order to obtain compensatory damages under Quebec’s Consumer Protection Act (“CPA”)? In recent years, counsel acting for plaintiffs and defendants in class actions tended to have different answers to this question based on different interpretations of the Supreme Court decision in Richard v. Time Inc., 2012 SCC 8 (“Time”). In the recent judgment Videotron c. Union des consommateurs, 2017 QCCA 738, the Quebec Court of Appeal clarifies the issue and the meaning of the “absolute presumption of prejudice” discussed by the Supreme Court in Time.… Continue Reading