Abstract
This article highlights the class action proceeding in Quebec, seeking to expose its main characteristics. The article initially explores the Canadian legal system and provincial legislative peculiarities. In addition to that, the paper explores the three major objectives of class actions: (i) judicial economy; (ii) maximizing access to justice; (iii) deter actual and potential wrongdoers from inflicting damage, especially small amounts of damage on a larger number of people (preventative objective). In sequence, such article specifies how the two-step class action procedure works, starting with the application for authorization, which is a preliminary request and a unique step in the province of Quebec that is meant to filter frivolous demands.Only once the authorization is granted may the case be heard collectively on the merits. The second step of the two-step procedure is an originating application that must be filed if the class action is authorized. Furthermore, this study deals with many relevant matters regarding the class actions in Canada (particularly Quebec), such as: (i) Right of Appeal; (ii) Res Judicata Effect – on absent members; (iii) Monetary Distributions and Types of Collective Recovery; (iv) Class Action Financing; (v) Possible Settlements; (vi) Multi-Provincial Class Proceedings and National Classes.
Highlights
RESUMO: O artigo põe luzes sobre o procedimento que rege as ações coletivas em Quebec, buscando expor suas principais características
São elencados os três principais objetivos das ações coletivas: (i) economia processual; (ii) maximização do acesso à justiça; (iii) dissuadir infratores de infligirem danos a várias pessoas, notadamente danos de pequena monta incidentes sobre um grande número de pessoas
The Court of Quebec has exclusive jurisdiction to hear a case in which the value of the subject matter of the dispute or the amount claimed is below $85,000.6 The Superior Court has exclusive jurisdiction to hear class actions and applications for injunction, as well as any application that is not under the exclusive jurisdiction of another court, including cases in which the value of the subject matter of the dispute or the amount claimed exceeds $85,000.7 In addition, the Superior
Summary
Canada is a federal state where legislative competence is distributed between the Parliament of Canada (the Federal Parliament), and the provincial and territorial legislatures. The provinces address questions of private law and of civil procedure, and collective redress in the form of class actions is determined under provincial law. The Supreme Court of Canada is the highest court of the country which hears appeals from both the federal and provincial courts.. Municipal courts have a limited jurisdiction in civil matters, hearing mainly cases concerning municipal tax claims. Provisions within the Code specify the subject-matters each court has jurisdiction in. The courts apply the Civil Code of Quebec (hereinafter “C.C.Q.”), which is the jus commune in the province and the foundation of all other laws.. The scope of the concept of justice has been enlarged to reflect the reality taking place
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