The Quebec Court of Appeal has overturned no less than eight lower court decisions over the past year that denied class action certification, signaling a possible discord that shows little sign of abating between motion judges more likely to cast a critical eye and the higher court intent on strictly adhering to case law and the teachings of the Supreme Court of Canada, according to class action experts.
A $28-million settlement reached with a Catholic religious order in a sexual abuse class action was rejected by Quebec Superior Court because of the high legal fees associated with the agreement, the second Quebec class action settlement in the past month whose legal fees have been the subject of a critical assessment.
In a resounding victory for the pharmaceutical industry, the Quebec Court of Appeal held that the province’s consumer protection law does not apply to the sale of prescription drugs, jettisoning a legal avenue a growing number of class action plaintiffs were using to sue the industry.
Barely a week after Bell Canada’s wireless provider was compelled to pay $1.6 million to some 76,000 clients who paid excessive cancellation fees after the Supreme Court of Canada refused to hear its appeal, the telecommunication giant now faces another potentially costly legal battle after Quebec Superior Court authorized a class action over fee increases on internet, mobile, telephone, television services.
Joey Zukran is a busy man. The Montreal lawyer who spearheaded a class action over photo radar tickets following a series of decisions that have put thousands of tickets in jeopardy after the courts called into question the rules around the province’s use of the automated speed and red-light enforcement technology is at again.
The Quebec Court of Appeal upheld a ruling that certified a class-action lawsuit following an outbreak of Legionnaires’ disease in Quebec City in 2012 that is believed to have contributed to 14 deaths and lead 181 others to become ill from bacteria found to be in a cooling tower of a downtown office building.
A class action against an automobile manufacturer that was dismissed by a lower court was partially overturned by the Quebec Court of Appeal after it held that Mazda Canada Inc. failed to disclose “important information” to consumers in a timely manner.
In the absence of rules of professional conduct on class action litigation, the courts have begun filling in the gap and providing guidance.
Class action lawsuits appear to be an increasingly pervasive force in today’s business world, and companies are anxiously watching an evolving legal landscape.
Class actions appear to be thriving in Quebec. A series of suits launched recently seem to enhance the province’s reputation as a have for class action suits. But that may be illusory.
Nearly three decades after class actions made their first appearance in the Canadian legal landscape, little light has been shed over the proportion of class members who make a claim, which hasn’t stopped some from speculating that the numbers are so low that they call into question the need for class proceedings.