Quebec has often been labelled a “class action paradise” in which petitioners’ motions for authorization to institute class actions are “rubber stamped” by courts biased against corporate defendants. This perception has encouraged many defendants to reserve their time, energy, and money to challenge such actions at a trial on the merits, rather than at the authorization stage. However, Quebec defendants and their counsel should not be entirely pessimistic about the likelihood of defeating a proposed class action either before or at the authorization stage. Indeed, an examination of the caselaw over the last thirteen years reveals that Quebec’s class action regime is not as petitioner-friendly as it has been made out to be. While the province’s class actions regime is comparatively broad and flexible where defendants deploy their resources in a targeted and effective manner, the preauthorization stage and authorization hearing can serve as an invaluable opportunity to put an end to a class action before costly trials on the merits. Ultimately, making smart choices and investing resources at an early stage of proceedings can end up saving defendants precious time and money.
Yiannakis et al. (Sat,) studied this question.