Quebec Court Of Appeal Confirms National Classes Still Possible

On April 19, 2023, the Quebec Court of Appeal in Nippon Yusen Kabushiki Kaisha v. Option Consommateurs, 2023 QCCA 513 dismissed the appeal from a decision of the Quebec Superior Court, refusing to stay a Quebec class action in favor of a parallel class action filed in British Columbia. The lower court's decision had caused concerns because it contained comments calling into question pan-Canadian national class actions. The Court of Appeal decision is of interest because even if it upholds the first instance decision, it declines to echo the lower court's comments on pan-Canadian class actions, saying it is not necessary to do so in order to resolve the parties' dispute.

This decision also reiterates the importance of judicial discretion in obtaining stay requests.