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ARTICLE · 07 OCTOBER 2014

SCC Weighs-In On Consumer Protection Remedies In Quebec Class Actions

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The Supreme Court of Canada released a trilogy of decisions examining the standing of representative plaintiffs and the availability of consumer protection legislation in the class action context.

CanadaLitigation, Mediation & Arbitration
Christopher McKenna
Christopher McKenna
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On September 19, 2014, the Supreme Court of Canada released a trilogy of decisions examining the standing of representative plaintiffs and the availability of consumer protection legislation in the class action context. Though these decisions are particular to Québec, and its consumer protection legislation, they provide insight into how consumer protection legislation is broadening the scope of available remedies in class actions.

In Bank of Montreal v Marcotte, 2014 SCC 55, Amex Bank of Canada v Adams, 2014 SCC 56, and Marcotte v Federation des caisses du Desjardins du Quebec, 2014 SCC 57, the representative plaintiffs brought class actions on behalf of consumers who incurred conversion charges from banks as a result of making foreign currency purchases on their credit credits. Among other things, the representative plaintiffs: (a) alleged that the conversion charges imposed by the banks violated section 12 of Québec's Consumer Protection Act (QCPA) because

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