In the context of this class action, the
Quebec Superior Court1 recently granted a request to
split the action, thereby splitting the trial into two stages: a
first stage during which damages will be assessed and a second
stage addressing liability.
In this case, the plaintiffs essentially claim that the
defendants engaged in anticompetitive activities to sell gas in
Quebec. The Court had to rule on a motion by the defendants, who,
prior to the presentation of evidence on liability, wanted the
Court to determine the appropriate method for the calculation of
damages as well as their quantum. The Court began its analysis by
reiterating the principles that should guide the judge seized of
such a motion. It noted that although the general rule is that a
trial is heard as a whole, the splitting of an action is not an
extraordinary measure. Splitting an action is appropriate if it
accelerates the judicial process, while reducing costs. More
specifically, the Court must
