Challenging The Scope Of A Proposed Class In Québec Class Proceedings

In the recent decision of Electronic Arts Inc. v Bourgeois, 2024 QCCA 284 (Bourgeois), the Québec Court of Appeal provided direction concerning when and how defendants can appropriately challenge the scope of a proposed class in Québec class proceedings.

In Bourgeois, the applicant sought to institute a class action on behalf of a proposed national class with respect to certain defendants (the Canadian defendants), and a proposed Québec-only class with respect to other defendants.

The Canadian defendants sought to challenge the geographic scope of the proposed class, which they argued should be limited to Québec residents only on the ground that the Québec Superior Court did not have jurisdiction to authorize a national class against them. This preliminary objection was brought as a declinatory exception, prior to the authorization (certification) hearing.