CLASS ACTIONS

Class actions have been introduced in Quebec in 1979. This procedure of social interest promotes access to justice by allowing a person to file an action in his own name and in the name of all persons in the same situation without a prior mandate. The people included in the description of the group do not have to register or take any measures in order to benefit from the effects of the judgment.

Prior to the institution of the class action, the Superior Court is called to determine if the recourse raises identical, similar or related questions of law or fact, if the proposed action shows a color of right, if the composition of the group makes it difficult to obtain a mandate from all members or to institute of a joint action and finally, if the person applying for the authorization to file the class action is able to adequately represent the interests of the group.

If the Court considers that these criteria have been met, it will authorize the class action. In the event of a favorable final judgment, the Tribunal will determine the compensation to which members are entitled to, as well as the method of liquidation.

Furthermore, the way in which lawyers are remunerated makes class actions a powerful tool of social justice since it promotes access to justice. In fact, lawyers generally accept on being paid only in the event of success. The lawyers’ fees are then drawn from the amount granted to members. In case of failure, the lawyers bear the financial loss themselves. Thus, the low amount of claims or the limited financial means of group members will not prevent them from having access to justice.

Our law firm is specialized in class actions. We currently manage over twenty class actions. If you have questions regarding class actions or a particular class action, do not hesitate to contact us: info@trudeljohnston.com.

List of class actions