Québec Court of Appeal clarifies the role of the representative plaintiff and how to apply the proportionality principle in the context of article 1003 CCP

February 24, 2015

On February 5, 2015, the Québec Court of Appeal (QCA) rendered its decision in Lévesque v. Vidéotron, s.e.n.c., concluding that the level of competence that a proposed representative must demonstrate to prove that he or she is in a position to represent the members of the proposed class adequately is minimal, and that the amount of inquiry to be performed to demonstrate such competence depends on the nature of the action. In the particular circumstances of the case, the QCA concluded that the petitioner need not attempt to find other potential class members or estimate their number since Vidéotron had the information necessary to do so. The QCA confirmed that the principle of proportionality must be considered when assessing the four authorization criteria and does not constitute a separate authorization criterion.

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AUTHOR

By Sylvie Rodrigue, Geneviève Bertrand and Marie-Ève Gingras.