Is It Still Possible To Challenge A Class Action In Québec At The Authorization Stage?

In 2016, the Québec Court of Appeal has allowed no less than five appeals from judgments that refused to authorize class actions. In Charles v. Boiron Canada inc.,¹ Sibiga v. Fido Solutions inc.,² Lambert (Gestion Peggy) v. Écolait ltée,³ Blouin v. Parcs éoliens la Seigneurie de Beaupré 2 et 3, s.e.n.c.,⁴ and Masella v. TD Bank Financial Group,⁵ the province's highest court overturned the decisions of the Superior Court and authorized these class proceedings. These decisions, which follow the Supreme Court of Canada's recent trend of advocating a broad and liberal interpretation of the four criteria for authorizing class actions, once again reduce the burden on plaintiffs in Québec. Although it is still possible to successfully challenge a class action at the authorization stage, it is clear that the number of options for challenging authorizations has once again been reduced.