Unlike in other jurisdictions, Quebec petitioners often do not set out the theories of liability they intend to invoke. Rather than specifying the codified, statutory, or regulatory principles and provisions on which their proposed class action is based, such petitioners generally content themselves with allegations like “the suit for which authorization is sought is an action in damages.” In this article, the authors explain that statements of this type are insufficient and that it is often in the interests of everyone, including the class members, that the true nature and scope of the proceeding be understood. Accordingly, when petitioners fail to state their case with appropriate precision, motions to obtain legal particulars should be granted.
Kruger et al. (Sun,) studied this question.