Class actions not the appropriate procedure to quash muncipal by-laws, rules Supreme Court of Canada

A deeply-divided Supreme Court of Canada recently held that a class action is not an appropriate procedure to challenge the validity of a municipal by-law in a ruling that may have an impact for all common law provinces even though the decision dealt with the Quebec provincial regime for class action authorization.

In narrowly upholding a decision of the Quebec Court of Appeal by a five-to-four margin, some legal observers now wonder whether the ruling, Marcotte v. Longueuil (City), 2009 SCC 43, has curbed access to justice through class action by seemingly holding, among other reasons, that class actions are inappropriate for matters where summary disposition is appropriate.

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