Authorization to Institute a Class Action: What Flexibility Is There for the Criteria Under Article 575 C.C.P.?
This article – co-authored with articling student Guillaume Letendre – is a modified version of a case comment initially published by Éditions Yvon Blais in July 2018 (EYB2018REP2507).
In Quebec, the burden of proof that must be met in order to obtain authorization to institute a class action is recognized as being not very onerous, as this stage is intended to be a filtering mechanism to eliminate only frivolous claims or those obviously doomed to fail.