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ARTICLE · 16 NOVEMBER 2015

Enough Is Enough: Court Suspends Class Action For Vexatious Conduct By Petitioner, Counsel

Blake, Cassels & Graydon LLP
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In September 2015, the Superior Court of Québec (Court) released a landmark decision rendered by Justice C. Masse in Deraspe v. Zinc électrolytique du Canada ltée​...

CanadaLitigation, Mediation & Arbitration
Claude Marseille
Claude Marseille
Ariane Bisaillon
Ariane Bisaillon
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In September 2015, the Superior Court of Québec (Court) released a landmark decision rendered by Justice C. Masse in Deraspe v. Zinc électrolytique du Canada ltée​, in which — for the first time in the area of class actions — the Court granted a motion for declaration of improper use of procedure, incapacity and quarrelsome conduct against a representative and his counsel.

CONTEXT

The class action was filed on March 19, 2012, in response to a sulfuric anhydride leak that occurred on August 9, 2004, at the zinc refinery plant operated by Zinc Électrolytique du Canada Ltée (EZC) in Salaberry-de-Valleyfield (Action). The applicant, François Deraspe, alleged that the leak had caused a range of symptoms to exposed individuals.

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