Quebec Superior Court Denies Certification Of A Consumer Class Action Against UPS

On October 1, 2012, the Superior Court of Quebec ruled on two motions for authorization to institute a class action against United Parcel Service du Canada Ltée ("UPS") and FedEx Trade Networks Transport et Courtage (Canada) Inc. ("FedEx").¹ The Honourable Justice William Fraiberg concluded that both Motions for Authorization did not meet the criteria required under Article 1003 of Quebec's Code of Civil Procedure to authorize the class action. More particularly, with respect to M. Leblanc's Motion for Authorization against UPS (the "Motion for Authorization"), the Court found that: 1) the Motion for Authorization did not raise identical, similar or related questions of law or facts (Art. 1003a); 2) that the facts alleged did not appear to justify the conclusions sought (Art. 1003b)); and that 3) Mr. Leblanc was not in a position to represent the members adequately (Art. 1003d)).