Supreme Court Reaffirms Low Bar For Authorizing Class Actions In Québec

On October 30, 2020, a six-judge majority of the Supreme Court of Canada confirmed, in Asselin v Desjardins Cabinet de services financiers inc, 2020 SCC 30, that a class action concerning allegedly misleading investment products against Québec-based financial services co-operative Caisse Desjardins can proceed, despite initial judicial skepticism about the allegations and logic supporting the claim.

The Québec judge who first opined on the issue declined to certify (or "authorize" under Québec law) the claim as a class action, mainly because the plaintiff had not shown a "colour of right" (an authorization requirement). The judge cited concerns relating to bald or speculative allegations, the lack of supporting documentation, and whether the claims are suitable for adjudication in a class action format.