The Supreme Court Vivendi Decision And Its Not Insignificant Implications

The first judgment of 2014 rendered by the Supreme Court of Canada, Vivendi Canada Inc. v. Dell'Aniello, 2014 SCC 1 ("Vivendi"), deals with the conditions for authorization of a class action in Quebec. The judgment has several important implications for Canadian businesses that are likely to be involved in class action proceedings.

First, the Court held that the "commonality of issues" test for authorization is satisfied by even a single common question, as long as it can serve to advance the resolution of a "not insignificant portion of the dispute". Second, the Court stated that the answer to a common question may vary among class members, and that the authorization judge should not focus on what the answers might be, provided that success for one class member does not mean failure for any other. Third, the authorization judge ought not to concern himself with the existence of multiple sub-classes that may need to be created for trial purposes. Finally, the