On September 29, 2011, the Québec Minister of Justice,
Jean-Marc Fournier, tabled draft legislation to establish a new
Code of Civil Procedure.
This article will examine the similarities and differences
between the old and new rules governing class actions.
Au revoir "recours collectif", bonjour
"action collective"
Articles 573 to 606 of the draft bill concern class actions.
This procedural vehicle, which is referred to as a
"recours collectif" ("collective
recourse") in the French version of the existing legislation,
is called "action collective" ("class
action") in the draft bill.1
Broadened Definition of "Member"
From now on, legal persons established for a private interest,
partnerships and associations can without restriction be members of
a class, as has always been the case for natural persons: gone is
the old limitation that to be members, legal persons established
for a private interest, partnerships, and associations could have
no more than 50
