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July 2019

The author comments on this class action decision in which the Court of Appeal upheld the first instance decision (of the Honorable André Roy S.C.J.), dismissing an application to dismiss based on res judicata and abuse of procedure relating to a second Application for Authorization to Institute a Class Action. The Court upheld the first instance judgment which granted a second plaintiff the chance to seek class action authorization regarding the same group of consumers, the whole in relation to allegedly defective washers.


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February 2019

The author analyzes the state of law and jurisprudence under the new Code of Civil Procedure regarding the payment of an indemnity to the Class Representative in the context of an out-of-Court class action settlement submitted to the Court for approval.


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April 2017

The author comments on a decision of the Superior Court which authorized the class action initiated by the Petitioner against Uber.
This decision is particularly interesting, especially because of the consideration and admission by the court of an inferential evidence at the authorization stage regarding the damages suffered by the Group Members and their causation.
Note: The article is written in French.


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December 2016

The authors comment on a decision of the Court of Appeal which granted the appeal, reversed the Superior Court’s decision and authorized the class action initiated by the petitioner. The decision is particularly important, namely because of the bench’s long obiter commenting on the relevance, if there is still relevance, of the authorization process as we know it today.
Note: The article is written in French.


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July 2014

The authors comment on a decision in which the Superior Court confirmed that a registered trade-mark in the English language, without a French version, used in public signs and commercial advertising, must not be accompanied by a descriptive generic term in French in order to respect the Charter of the French Language and the Regulation respecting the language of commerce and business.

Note: The article is written in French.