The Court of Appeal of Quebec has decided on October 9, 2012 that, in an already certified class action, class members who have “registered” with class counsel are to be considered clients of class counsel. As a result, the attorneys for the defendants do not have the right to contact or meet these registered members without class counsel being present. The Court does not decide this issue for non-registered class members.
The reasons of the unanimous Court of Appeal were written by Wagner J.A., now appointed to the Supreme Court of Canada on October 5, 2012.
See: Imperial Tobacco Canada Ltd.… Continue Reading