Quebec was the first Canadian province to introduce class actions in 1979. This procedure promotes access to justice by allowing an individual plaintiff to file a lawsuit on behalf of a class of persons who are in a similar situation. Class members need not register or take any measures in order to benefit from the effects of the judgment but can exclude themselves from the class if they wish to exercise their own rights.
Prior to the institution of the class action, the plaintiff must seek and obtain authorization from the Quebec Superior Court. In order to obtain authorization, a class action must raise identical, similar or related questions of law or fact; the facts alleged must seem to justify the conclusions sought; the proposed class must be large enough that it is not feasible to obtain a mandate from all members; and the representative plaintiff must show that he or she is able to adequately represent the interests of the class.
If a case is authorized to proceed as a class action, the Court will consider the merits of the case. In the event of a favourable final judgment, the Court will determine the compensation to which members are entitled, as well as the manner in which class members can make their claim.
Attorneys generally take class actions on a contingency in which they accept that they will only be paid if the case is successful.
T & J specializes in class actions. We currently handle over fifteen major cases. If you have questions regarding class actions or a particular class action, do not hesitate to contact us:
