Supreme Court of Canada decision is end of the road for sexual harassment class action Rozon c. Les Courageuses

Against the backdrop of an ongoing criminal trial, the Supreme Court of Canada has denied an application for leave to appeal from the Québec Court of Appeal’s refusal to authorize a sexual harassment class action against Québec businessman and Just for Laughs founder Gilbert Rozon1. The Québec Court of Appeal denied authorization on the basis […]

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The Overcompensation Scheme in Québec Consumer Protection Class Actions

Partner Sylvie Rodrigue and senior associate Marie-Ève Gingras have written a piece called “The Overcompensation Scheme in Québec Consumer Protection Class Actions” in a publication by the International Bar Association. The article discusses the history and reasoning behind Québec’s generous class action and consumer protection regimes, and how this has arguably leveled out the economical […]

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Management of Multijurisdictional Class Actions and of Class Actions in Montréal

By Sylvie Rodrigue, Ad. E. | Marie-Ève Gingras The Canadian Bar Association (CBA) adopted the new Canadian Judicial Protocol for the Management of MultiJurisdictional Class Actions and the Provision of Class Action Notice (2018 Judicial Protocol) as best practices at its annual meeting on February 15 and the Class action division, Montréal division, is in […]

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Québec Introduces New Surveillance Rules for Long-Term Care Facilities

By Molly Reynolds | Eve-Lyne Morin New regulations approved by the Québec government which outline the installation and use of surveillance mechanism in long-term care facilities will come into effect on March 7. The regulation is a part of the adoption of Bill 115, An Act to Combat Maltreatment of Seniors and Other Persons of […]

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Top 10 Court Decisions from 2017 Affecting Your In-House Practice

This session will provide an analysis of decisions from significant cases decided in 2017, which have important implications for in-house legal counsel. When: February 14, 2018 Where: Fairmont Queen Elizabeth 900 René-Lévesque Blvd W, Notre-Dame Room Time: 12:00-12:15 p.m. Lunch 12:15-1:30 p.m. Seminar Panelists: Sylvie Rodrigue Ad. E., Christopher Richter, Matthew Angelus, Eve-Lyne Morin. To […]

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Sylvie Rodrigue Named Winner of LMG Life Sciences Award

We are thrilled to announce Torys partner Sylvie Rodrigue has been named the Legal Media Guide’s (LMG) Life Sciences Canadian Product Liability Attorney of the Year. The LMG Life Sciences directory recognizes the top firms and lawyers practicing in all areas within Life Sciences. Leading firms and lawyers are nominated for the awards following interviews […]

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Appeal on Leave From Judgment Authorizing a Class Action – A Rebalancing of Parties’ Rights?

The Québec Court of Appeal rules on the test applicable to the right of appeal from a judgment authorizing a class action By Sylvie Rodrigue and Marie-Ève Gingras When the Act respecting the class action was adopted in 1978,1 both plaintiff and defendant could appeal, as of right, from a judgment on an application for […]

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Sylvie Rodrigue Sought for Comment on Changing Landscape for Class Actions

Two new changes to Québec’s Code of Civil Procedure will influence important aspects of how class actions are conducted in the province. Partner and class actions expert Sylvie Rodrigue provides her insight into the changing dynamics of the class actions arena for Les Affaires. Below is an excerpt of the article, translated into English: “In […]

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Lac Mégantic Train Derailment – Authorization To Institute a Class Action Against DPTS Marketing and Dakota Petroleum Transport Solutions Denied

Torys represented DPTS Marketing (DPTS) and Dakota Petroleum Transport Solutions (Dakota) with a team that included Sylvie Rodrigue, Geneviève Bertrand and Marie-Ève Gingras. On May 8, 2015, Justice Martin Bureau authorized the petitioners to institute a class action against some respondents but refused such authorization against DPTS and Dakota. Justice Bureau concluded that the facts […]

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The Cause of Action of the Representative Plaintiff in Class Proceedings

The Supreme Court of Canada’s late-2013 set of decisions in the direct/ in-direct purchaser trilogy1 and in AIC Limited v. Fischer2 continues to emphasize that the bar to certifying a class proceeding in Canada, including in Quebec, is a low one. However, it remains the case that for an action to be certified as a […]

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Supreme Court of Canada Allows Indirect Purchaser Class Actions and Provides Guidance on Certification and Jurisdiction Issues

On October 31, 2013, the Supreme Court of Canada released three long-awaited decisions that will have a significant impact on Canadian class actions going forward. The cases (Pro-Sys Consultants Ltd. v. Microsoft Corporation, Sun-Rype v. Archer Daniels Midland Company, and Infineon Technologies AG v. Option consommateurs) address several important issues relevant to competition-related claims and […]

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Three Recent Decisions by the Québec Superior Court Dismiss Motions for Authorization to Institute a Class Action

On September 4 and 5, 2013, the Québec Superior Court dismissed no less than three motions for authorization to institute a class action, namely in Jasmin v. Société des alcools du Québec, Mouaikel v. Facebook and Bélair v. Bayer Inc. In Jasmin, the Court found that flawed legal syllogism, lack of knowledge of the file […]

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Quebec Court of Appeal Renders its First Decision on the Secondary Market Liability Regime

The Quebec Court of Appeal rendered its decision in Theratechnologies Inc. v. 121851 Canada Inc. on July 17, 2013. This is the Court of Appeal’s first ruling on Quebec’s secondary market liability regime since the adoption of those provisions in the Quebec Securities Act (“s. 225.4 of the QSA”) in 2007. The Court of Appeal […]

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