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ARTICLE · 25 JUNE 2019

The SCC Reaffirms The Court's Screening Role At The Authorization Stage For Class Actions

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The Supreme Court of Canada recently upheld the Court of Appeal's decision for the authorization of a class action on sexual assault in L'Oratoire Saint-Joseph du Mont-Royal v. J.J., 2019 SCC 35.

CanadaLitigation, Mediation & Arbitration
Anne Merminod
Anne Merminod
Jean Saint-Onge Ad. E.
Jean Saint-Onge Ad. E.
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The Supreme Court of Canada recently upheld the Court of Appeal's decision for the authorization of a class action on sexual assault in L'Oratoire Saint-Joseph du Mont-Royal v. J.J., 2019 SCC 35.

Context

The representative plaintiff filed an application for authorization to institute a class action against the Oratoire Saint-Joseph du Mont-Royal (the Oratory) and the Province canadienne de la Congrégation de Sainte-Croix (the Congregation) on behalf of all victims of sexual assault allegedly committed by members of the Congregation. The Oratory was also designated as a defendant due to its connection with the Congregation and the claim; members of the Congregation act as directors of the Oratory and manage its affairs. The Oratory was also the location of the plaintiff's alleged sexual assault and that of four other members of the class action.

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