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ARTICLE · 12 DECEMBER 2023

Québec Class Actions: Strong Evidence Required On The Merits

Osler, Hoskin & Harcourt LLP
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In the recent judgment Duguay c. General Motors du Canada ltée[1] (Duguay) rendered on the merits of a class action, the Superior Court of Québec (the Court)...

CanadaLitigation, Mediation & Arbitration
Jessica Harding
Jessica Harding
Stéphanie Gascon
Stéphanie Gascon
Sabrina Trépanier
Sabrina Trépanier
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In the recent judgment Duguay c. General Motors du Canada ltée1 (Duguay) rendered on the merits of a class action, the Superior Court of Québec (the Court) highlights the risks of relying solely on factual presumptions to prove consumer awareness. The Court reminds plaintiffs to present strong evidence of alleged prohibited practices to obtain a favourable judgment in class action proceedings. This judgment is particularly interesting for class action defendants as it reaffirms that not all class actions will have a positive outcome for plaintiffs.

Factual background

On April 8, 2016, the Court authorized a class action against the defendants, General Motors of Canada (GMC), distributor and marketer of the Chevrolet Volt electric car (the Volt) in Canada, and General Motors LLC (GM) manufacturer of the Volt. The class action was brought on behalf of all persons who purchased or leased a Chevrolet A Volt model motor vehicle in Canada. Although the class

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