Who Are The Principals Of Class Counsel?

In a class action, diverging opinions between a class representative and his lawyer can lead to delicate situations, especially when the outcome of the proceeding is at stake. In the recent case of Lépine c. Société canadienne des postes, ¹ the Quebec Superior Court had to rule on an application to approve a settlement transaction filed by class counsel, supported by the defendant, but forcefully contested by the class representative.

1. Background

Michel Lépine ("Lépine") had bought some service from the Canada Post Corporation ("Canada Post"), consisting of free lifetime Internet access with the purchase of a CD-ROM. A month later, the free internet service was terminated. The same service was then offered to consumers, but at a price of $7.95 or $9.95 per month, depending on the options chosen by the subscribers.