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ARTICLE · 28 OCTOBER 2014

The Marcotte Supreme Court Of Canada Trilogy

Stikeman Elliott LLP
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On September 19, the Supreme Court of Canada released a trilogy of decisions, which ruled on the application of sections 12 and 272 of the Quebec Consumer Protection Act to financial institutions issuing credit cards in Quebec.

CanadaLitigation, Mediation & Arbitration
Frédéric Paré
Frédéric Paré
Catherine Jenner
Catherine Jenner
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On September 19, the Supreme Court of Canada released a trilogy of decisions, namely Bank of Montreal v. Marcotte, Amex Bank of Canada v. Adams and Marcotte v. Federation des Caisses Desjardins du Quebec (collectively, the Marcotte decisions), which ruled on the application of sections 12 and 272 of the Quebec Consumer Protection Act (CPA) to financial institutions issuing credit cards in Quebec, without ruling on the broader issue of the application of the balance of the CPA to banks. In addition, the Quebec-specific CPA and class action issues addressed by the Marcotte decisions may have wide-ranging consequences, as outlined briefly below.

The plaintiffs in this legal battle, which began over 10 years ago, met with divided success. The Supreme Court decided that certain defendants (i) had violated section 12 of the CPA by not disclosing, in the contract, the conversion charges they imposed on credit card transactions made in a foreign currency, and (ii)

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