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ARTICLE · 22 JANUARY 2016

Quebec: Farewell "Recours Collectif", Welcome "Action Collective"

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With the coming into force of the new Code of Civil Procedure on January 1, 2016, some interesting changes have been made to the rules governing class actions in Quebec.

CanadaLitigation, Mediation & Arbitration
Vincent De L’étoile
Vincent De L’étoile
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With the coming into force of the new Code of Civil Procedure on January 1, 2016, some interesting changes have been made to the rules governing class actions in Quebec.

Nearly 40 years after the introduction of the class action into Quebec law and more than 10 years after the last major revision of the rules pertaining to it, the début of the New Code of Civil Procedure (the "NCCP") is bringing about some interesting changes that will have an impact on current practices in this area of the law.

While the essence of the current class action regime, the authorization test and the procedural rules pertaining to such disputes remain unchanged, the rights of the parties take on some new aspects and some new concepts are introduced with the NCCP. The new class action provisions are set out in articles 571 to 604 of the NCCP.

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