Publications
-
Read more
Class actions to watch in 2024
Quebec is a fertile ground for class actions, with over 550 active cases and between 50 to 100 applications for authorization filed each year. While 2023 marked the fifth anniversary of the “new” class action division: what is there to watch in 2024? Read on to find out. Opioids and the State: (…)
-
Read more
Loss of personal information: The Superior Court dismisses a class action
On March 26, 2021, the Superior Court rendered a decision dismissing a class action against the Investment Industry Regulatory Organization of Canada (“IIROC”) on the loss of personal information of thousands of Canadian investors.1 The lack of evidence of compensable injury and IIROC’s diligent (…)
-
Read more
A Decision of Interest to the Entertainment Industry
Is an event organizer responsible for an artist’s late appearance? Context is key, answers the Superior Court’s, as it dismisses the application for authorization to institute a class action against Gestion Evenko Inc.1 regarding Travis Scott’s late appearance at the Osheaga Music and Arts Festival (…)
-
Read more
Cyberattack: Superior Court dismisses application for authorization to institute a class action against Yahoo! Inc.
The Superior Court of Québec dismissed an application for authorization to institute a class action against Yahoo! Inc.1 (hereinafter “Yahoo!”) seeking damages as a result of cyberattacks that compromised the confidentiality of user data. Context In September 2016, Yahoo! issued a press release (…)
-
Read more
Churchill Falls (Labrador) Corp. v. Hydro-Québec | The Supreme Court rules in favour of Hydro-Québec: the interaction between good faith and the scheme of the contract
Introduction Although 24 years of jurisprudence have gone by since its codification in article 1375 of the Civil Code of Québec, the notion of good faith remains a vague concept whose incidence on the performance of contracts is still unclear. Although it is increasingly evident that good faith is (…)
-
Read more
Québec consumer law and the automotive industry: keep your hands on the wheel!
Lavery recently attended the Strictly Automotive Seminar organised by the Defence Research Institute in Detroit, Michigan. The seminar addressed legal issues which the automotive industry is currently facing worldwide. This newsletter provides an overview of the legal principles vehicle (…)
-
Read more
Leave to Appeal by the Defendant at the Authorization Stage of the Class Action: the Québec Court of Appeal Adopts a Restrictive Approach
On November 22, 2016, the Québec Court of Appeal issued an unprecedented judgment on the application of article 578 of the New Code of Civil Procedure (“NCCP”) in the following cases: DuProprio inc. v. La Fédération des chambres immobilières du Québec, Énergie éolienne Des Moulins S.E.C. v. (…)
-
Read more
The warranty of fitness for purpose in consumer law – Court of Appeal judgment
This publication was co-authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Lavery is closely monitoring developments in consumer class actions and, in order to keep the business sector informed on the subject, (…)
-
Read more
Mandatory mediation at the Small Claims Division: Merchants, be prepared!
Lavery closely monitors new developments in consumer law and is committed to keeping the business community informed of the latest developments in this area of the law by regularly publishing newsletters dealing with new case law or legislative changes which may impact, influence, or even transform (…)
-
Read more
Consumer law and class actions: Beware of unilateral amendments to contracts involving sequential performance
This publication was co-authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Lavery closely monitors new developments in consumer law class actions and is committed to keeping the business community informed of the (…)
-
Read more
Historic Quebec lawsuit against tobacco companies: The Superior Court awards more than $15 billion in damages
In a decisive victory for the Plaintiffs in class actions against the three Canadian leading tobacco companies1, the Québec Superior Court ordered the Defendants to pay more than 15 billion dollars in moral damages2 and punitive damages. There were more than 253 hearing days3 and 16 years of (…)