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ARTICLE · 26 JULY 2018

Authorization To Institute A Class Action: What Flexibility Is There For The Criteria Under Article 575 C.C.P.?

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In Quebec, the burden of proof that must be met in order to obtain authorization to institute a class action is recognized as being not very onerous, as this stage is intended to be a filtering mechanism...

CanadaLitigation, Mediation & Arbitration
Samuel Gagnon
Samuel Gagnon
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In Quebec, the burden of proof that must be met in order to obtain authorization to institute a class action is recognized as being not very onerous, as this stage is intended to be a filtering mechanism to eliminate only frivolous claims or those obviously doomed to fail.

The decision in Melançon v. Depuy Orthopaedics Inc.1 is a good illustration of this. Despite the apparent weaknesses in the application, the Superior Court authorized a class action against the manufacturers of allegedly defective hip prostheses.

I – The facts

In March 2011, the applicant Carole Melançon underwent an operation for the implantation of a hip prosthesis manufactured by the respondents Depuy Orthopaedics Inc., Johnson & Johnson Corp. and Johnson & Johnson Inc.

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