Class actions: Supreme Court of Canada upholds the status quo over authorization criteria in Quebec

On October 30, the Supreme Court of Canada released its long-awaited decision in Desjardins Financial Services Firm Inc. v. Asselin (the “Asselin decision”). Ever since leave to appeal was granted in June 2019, practitioners and litigants have been kept in suspense, anticipating a potential amendment to the analytical framework of the criteria for authorization of a class action in Quebec.

However, far from liberalizing or restricting the interpretation and application of the authorization criteria in Article 575 of the Quebec Code of Civil Procedure (“CCP”), the Asselin decision maintains the status quo with respect to the legal framework for authorizing a class action in Quebec. The Court reiterated the position and the principles it developed in Infineon, Vivendi, and Oratoire Saint-Joseph, which form the jurisprudential basis for this critical procedural stage, without modifying the applicable law.

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Partial reopening of office spaces: What to expect

This article originally appeared on the Canadian Lawyer InHouse website.

Agility and adaptability will be essential for Canadian employers moving forward.

In recent weeks, public authorities across the country have made several announcements regarding the resumption of activities in the context of the COVID-19 pandemic. In certain instances, these announcements have generated some confusion.

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Should I stay or should I go…? The decision in Micron Technology Inc. and the suspension of multijurisdictional class actions

As multijurisdictional class actions become increasingly common, they raise difficult questions about the conduct of the same or similar actions in different courts, the use of scarce judicial resources, and the costs to the parties.

On September 2, the Quebec Court of Appeal rendered its decision in Micron Technology Inc. v. Hazan. The decision provides a timely reminder of the legal framework applicable to the staying of multijurisdictional class actions in Quebec.

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A further step towards the modernization of Quebec’s environmental authorization regime

On September 2, 2020, the Regulation respecting the regulatory scheme applying to activities on the basis of their environmental impact (known in French as the “REAFIE”), as well as several other regulations, was finally adopted, thus allowing for the implementation of the new environmental authorization scheme under the Environment Quality Act (the “EQA”). It should be noted that the provisions of the REAFIE will come into force on December 31, 2020.

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