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Canadian Class Actions Monitor

Tag Archives: Superior Court of Quebec

A Failed Gamble

Posted in Class Actions

The recent decision in Ifergan v. Loto-Quebec, 2017 QCCS 1332, presents a rare occasion where the Superior Court of Québec refused permission to institute a class action lawsuit.  The Court determined that even the low standard of “alleging facts that justify the conclusion sought” was not met in this case, and that an overzealous litigant was ill-suited to represent the proposed class, given his past behaviour before the courts.

The Allegations

The Applicant presented an Application for Authorization to Institute a Class Action, in which he claimed that the Respondent Loto-Quebec had misrepresented the likelihood of winning its Super 7 or the Lotto Max lotteries, due to a particular methodology for generating numbers for consumers opting for automated selection, known as “quick-pick”.… Continue Reading

Victory for a Healthcare Company in the First Pharmaceutical Product Liability Class Action Trial in Canada

Posted in Certification, Class Actions

On October 19, 2016, the Superior Court of Québec released the first ever decision of a Canadian Court ruling on the merits of a pharmaceutical product liability common issues trial. In this decision [2016 QCCS 5083], the Plaintiffs were alleging that the healthcare company was responsible for psychiatric reactions experienced by the class members while taking an antibiotic.

The healthcare company retained McCarthy Tétrault LLP after certification of the class action by the Superior Court of Québec.

Justice Suzanne Hardy-Lemieux dismissed the action, concluding that the Plaintiffs had not met their burden of demonstrating that the antibiotic was the cause of the psychiatric reactions suffered by the class members.… Continue Reading

Adding More Class to Class Action Authorization

Posted in Procedure, Trends

Much has been written or said about the Supreme Court of Canada recent decisions in Infineon Technologies and Vivendi Canada with respect to the low threshold that is imposed on petitioners at the authorization (certification) stage of a class proceeding in Quebec.

Yet in the last two months, the Superior Court of Quebec has rejected two motions for authorization to bring a class action, in part because the petitioners had not sufficiently investigated the nature and composition of the class prior to filing their motions.

Wilkinson c. Coca-Cola Ltd, 2014 QCCS 2631

In Wilkinson, the Petitioner filed a motion for authorization against Coca-Cola, on behalf of all residents of Canada (excluding B.C.… Continue Reading

Can Opinions be Considered at Certification in Quebec?

Posted in Procedure

We used to think that opinions alleged in a certification motion in Quebec could not be considered by the Court as part of the factual elements taken for true.  However, in a very recent decision certifying a class action for illegal price-fixing Gasoline Cartel, the Superior Court of Quebec decided that any documents filed by petitioner containing opinions and hearsay must be considered by the Court in order to assess the appearance of right.  This is a new twist that you have to be aware when assessing the appearance of right.  But does that mean that respondents will be able to ask leave to file similar documents containing opinions?… Continue Reading