A Death Knell For Industry-wide Class Actions in Canada?

In Bouchard v.Agropur et al.,¹ rendered on October 18, 2006, the Quebec Court of Appeal dealt a decisive blow to industry-wide class actions. Speaking for the Court, Justice Pelletier declared that a petitioner can only initiate class proceedings if he or she has a direct cause of action against each of the defendants. A proposed representative cannot simply allege that a fault has occurred pervasively in an industrial, commercial or institutional setting.

The petitioner, André Bouchard, attempted to institute a class action on behalf of consumers who had purchased milk produced by 13 Quebec-based dairies. He claimed that the percentage of fat in the milk sold was less than the amount required under the applicable regulations. Mr. Bouchard further argued that the dairies, aware of this fact, had knowingly engaged in misleading advertising. Invoking breach of contract, unjust enrichment and violations to the Consumer Protection Act, he sought leave to commence an $89