Class Actions Under The New Québec Code Of Civil Procedure: 3 Important Changes

On February 20, 2014, the new Québec Code of Civil Procedure ("C.C.P.") was adopted. This new C.C.P. will come into force on January 1, 2016 and will introduce important changes to the previous procedural rules governing class actions in Québec. Essentially, three major changes will take place.

First, it will no longer be the case that only a natural person, a legal person, partnership or association of 50 or less employees can become a member of a class (article 571 C.C.P.). Since Québec is an opt-out regime, institutions and public corporation will automatically be class members if indeed these fall under the definition of the class that is authorised by a Superior Court. Therefore, if these wish to institute separate proceedings, they will have to opt-out of the class (article 580 C.C.P.). The Legislator also removed the reference to the fact that a legal person, partnership or association who wants to be a member of a class has to stay at arm's length with the