Court Of Appeal Refuses To Authorize A Class Action Essentially Based On Statistical Evidence

On February 21, the Quebec Court of Appeal refused to authorize a class action against several oil companies distributing gasoline in Quebec (Lorrain c Petro-Canada, 2013 QCCA 332).

The action was based on the allegation that certain gas pumps were incorrectly calibrated, to the benefit of oil companies.

Between 1999 and 2007, Measurement Canada, a federal agency responsible for applying the Weights and Measures Act, inspected more than 200,000 gasoline pumps in Canada. According to the results of that inspection, approximately 8% of the gas pumps were not correctly calibrated—i.e. 6% to the detriment of the consumer and 2% to the detriment of the merchant.

Based on these findings, a motion was filed for authorization to institute a class action claiming damages equal to the amounts overpaid by consumers as well as punitive damages.