Continuation Of The "First To File" Rule In Québec?

A recent decision from the Québec Superior Court has stated that the "first to file" rule continues to dictate the carriage of class actions within that province (except when it is obvious that the best interests of the putative class members are not the counsel's priority), until such time as the Québec Court of Appeal changes the status quo.

Wainberg c. Zimmer (Wainberg) concerned a motion to stay one of two proceedings launched against Zimmer of Canada Limited (Zimmer) for its allegedly defective hip replacement implants. Two proceedings were launched by different plaintiffs: one who sought to be the representative for all of Canada and alternatively for Québec residents, and another who sought to be the representative for only Québec residents. Zimmer did not favour either motion as no substantive steps had been taken in either; it only asked that one be stayed to avoid a multiplicity of proceedings to include one representative plaintiff in