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ARTICLE · 26 APRIL 2022

Are National Classes Still Possible? Quebec Court Refuses Stay, Questions Whether Other Provinces Can Include Quebec Class Members

McCarthy Tétrault
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On April 19, 2022, the Quebec Superior Court in Option Consommateurs v. Nippon Yusen Kabushiki Kaisha (NYK), 2022 QCCS 1338 refused a stay of proceedings of a Quebec class action...

CanadaLitigation, Mediation & Arbitration
Canadian Class Actions Monitor
Canadian Class Actions Monitor
Catherine Martin
Catherine Martin
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On April 19, 2022, the Quebec Superior Court in Option Consommateurs v. Nippon Yusen Kabushiki Kaisha (NYK), 2022 QCCS 1338 refused a stay of proceedings of a Quebec class action in the context of parallel competition class actions filed across Canada. This decision highlights the importance of judicial discretion in obtaining stay requests and departs from the notion of pan-Canadian national class actions, calling into question whether they even remain possible outside limited circumstances.

Background

In the context of a Quebec class action filed against various international shipping and transportation companies ("Defendants"), Defendants filed an Application to stay the Quebec class action in favour of a parallel class action proceeding before the Supreme Court of British Columbia ("BC Court"), until final judgment on the common issues was rendered in that file. This Application to stay was contested by Option Consommateurs ("Plaintiff").

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