Appeal On Leave From Judgment Authorizing A Class Action – A Rebalancing Of Parties' Rights?

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 authorization to institute a class action. In 1982, the defendant's right to appeal from a judgment authorizing a class action was withdrawn, but the right to appeal from a judgment refusing to authorize a class action was upheld. Recognizing the result of an imbalance created between the parties, but with a view to maintaining control over appeals, the legislator, when reforming the Code of Civil Procedure, decided to reintroduce the possibility of appealing from a judgment authorizing a class action. However, the legislator made such a possibility subject to obtaining leave. The plaintiff retained its appeal as of right from a judgment refusing the authorization to institute a class action.