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ARTICLE · 13 MARCH 2024

Legal Trends: Class Action Dismissals Increase Under Quebec's Consumer Protection Act

Blake, Cassels & Graydon LLP
Blake, Cassels & Graydon LLP
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Following recent rulings in prominent cases such as Union des consommateurs v. Air Canada (Air Canada), Fortin v. Mazda Canada Inc. (Mazda)...

CanadaLitigation, Mediation & Arbitration
Ariane Bisaillon
Ariane Bisaillon
Andréa Daigle
Andréa Daigle
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Following recent rulings in prominent cases such as Union des consommateurs v. Air Canada (Air Canada), Fortin v. Mazda Canada Inc. (Mazda) and Martel v. Kia Canada Inc., the Superior Court of Quebec (QSC) dismissed yet another class action based on alleged violations of Quebec's Consumer Protection Act (QPCA), thus underscoring a growing trend.

In Lussier v. Expedia Inc. (Expedia), the QSC dismissed a class action against Expedia Inc. and other online hotel booking platforms (Defendants), adding to the trend of authorized class actions being dismissed on the merits, absent an infringement by the defendants or evidence of prejudice suffered by consumers.

In Expedia, the plaintiff alleged that after booking a hotel reservation using the Defendants' online platform, the hotel charged hidden fees, commonly referred to as "hotel fees" or "resort fees" (Hotel Fees), once the plaintiff arrived on-site. The plaintiff claimed that the Defendants failed to disclose the

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