Publications

The author comments on a decision in which the Superior Court permitted the Plaintiff to attempt to prove the existence of a verbal contract with his former common law spouse, namely the existence of a prête-nom agreement, by way of his oral testimony alone, the whole based on Article 2861 of the Civil Code of Québec and notwithstanding the fact that the value in dispute exceeded $ 1,500.

Note: The article is written in French.

The author summarizes the state of the law and principles applicable to a request for permission to examine the Petitioner of a Motion to Authorize the Bringing of a Class Action, before the authorization hearing. The author specifically examines the new jurisprudential trend that seems to have developed since the Judgment rendered by the Court of Appeal in the case of Allstate.

Note: This article is written in French.

The author comments on a decision in which the Superior Court had to review and approve a proposed settlement in the context of a class action. It also had to determine if one of the signing parties to the agreement was entitled to contest the motion to approve the said settlement. Finally, the Court had to decide whether to approve the portion of the settlement which provided for the payment of an indemnity of $ 5000 to the Petitioner (representing the group).

Note: The article is written in French.

The author comments on a decision in which the Superior Court, following its prior judgment authorizing the class action “The Whole with Costs”, must review and approve the proposed notice to class members to be published in newspapers. The Court also determines which party will bear the costs related to the publication of said notice.

Note: Article is written in French.

The author comments on a decision in which the Superior Court had to decide whether to suspend (stay) the motion to authorize the bringing of a class action on the grounds of lis pendens or abuse of procedure, similar class action claims having been filed in six other Canadian provinces.

Note: The article is written in French.