Class Counsel Fees In Québec: No More Open Bar

While class actions continue to play a significant role in Québec's judicial landscape, courts are increasingly scrutinizing fee agreements submitted by plaintiffs' lawyers, placing greater importance on fairness and proportionality. This blog explores the Quebec courts' increasingly interventionist approach to class counsel fees, as well as the key drivers that appear to underpin this recent trend and the implications for class action defendants.

Background

Since 2017, the Superior Court of Québec has consistently noted a "certain inflation in fee agreements" proposed by plaintiffs' lawyers involved in class actions. This observation marked the beginning of a series of judicial decisions ordering the reduction of such fees, a trend that has persisted and intensified, particularly over the past two years. Indeed, since 2021, an increasing number of judges have asserted their role in ensuring the reasonableness of plaintiff's counsel fees. The key factors taken