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ARTICLE · 15 OCTOBER 2020

Abusive And Dilatory Behavior Of The Plaintiffs: Order To Replace Class Representatives Preferred Over Immediate Dismissal Of The Class Action

McCarthy Tétrault
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The Honorable Lise Bergeron, j.s.c. concluded that the plaintiffs' conduct had created an impasse that prevented the case from progressing to trial.

CanadaLitigation, Mediation & Arbitration
Canadian Class Actions Monitor
Canadian Class Actions Monitor
Andrée-Anne Labbé
Andrée-Anne Labbé
Michel Gagné
Michel Gagné
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In Labranche v. Énergie éolienne des Moulins, 2020 QCCS 2812, the defendants sought dismissal of the class action primarily because of the plaintiffs' failure to comply with the Court's orders regarding the appointment of a joint expert.

The Honorable Lise Bergeron, j.s.c. concluded that the plaintiffs' conduct had created an impasse that prevented the case from progressing to trial. Indeed, although they had failed in their attempt to challenge the appointment of the joint expert before the Court of Appeal on the grounds of lack of independence and an apprehension of bias, they persisted in their refusal to cooperate in the implementation of the expert's mandate which was ordered by the Court.

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