![\"recours](\"https:\/\/twinlisbet.ssquarestech.com\/wp-content\/uploads\/2025\/05\/Les-etapes-dun-recours-collectif-au-Quebec-1.jpg\")
<\/p>\nA class action in Quebec follows a structured process with five main steps, allowing a group of individuals who have suffered similar harm to seek justice collectively. Below is a clear and concise explanation of each step, in accordance with the provisions of the Code of Civil Procedure (CQLR, c. C-25.01).<\/p>\n
<\/p>\n
The first step involves obtaining authorization from the Superior Court to proceed with a class action. A motion, prepared by the plaintiff\u2019s lawyer, is filed and must meet four cumulative criteria (article 575 C.C.P.):<\/p>\n
The motion must be served to the defendant at least 30 days before the hearing, accompanied by a notice (article 574 C.C.P.). Lawyers may proactively initiate a class action, particularly to stop alleged illegal practices, thereby enhancing access to justice.<\/p>\n
If authorization is granted, the judge issues a certification judgment that establishes the key elements of the class action (article 576 C.C.P.):<\/p>\n
Ce jugement encadre le d\u00e9roulement du recours et lie tous les membres du groupe, sauf ceux qui choisissent de s\u2019exclure.<\/p>\n
A public notice is published to inform potential group members of the class action, as per the certification judgment (article 580 C.C.P.). This notice, disseminated through the Class Action Register, newspapers, or websites, specifies:<\/p>\n
After authorization, a statement of claim must be filed within three months, or the action becomes void (article 578 C.C.P.). This statement details the facts of the dispute and the compensation sought.<\/p>\n
The case enters the trial phase, where a judge reviews evidence, hears witnesses, and listens to arguments. This often complex process can last several years. At any time, the parties may reach a settlement, which must be approved by the court to ensure fairness (article 590 C.C.P.). If the judgment is favorable, the court determines the amount of compensation and its distribution method. The judgment may be appealed to the Quebec Court of Appeal or, in some cases, the Supreme Court of Canada.<\/p>\n
Once the class action is won (by judgment or settlement) and no appeals are pending, compensation is distributed to eligible members without requiring individual action (article 596 C.C.P.). The distribution is collective, based on criteria set by the court, without individualized damage assessments, simplifying the process and reducing costs.<\/p>\n
A new notice is published (via the Class Action Register, newspapers, websites, or the Canadian Bar Association\u2019s Class Action Database) to inform members of the terms and deadlines for claiming their share. Members cannot assign their compensation to a third party.<\/p>\n
Recommendation: Regularly check the class action\u2019s website or the law firm\u2019s website to stay updated and meet deadlines.<\/p>\n
Call to Action: Check our ongoing cases to see if you are affected.<\/p>\n
Class actions in Quebec are designed to facilitate access to justice, particularly for individuals with limited resources. Below is a clear explanation of the associated costs and funding mechanisms.<\/p>\n
Representation by a lawyer is mandatory in a contentious class action (article 87(2) C.C.P.), but group members incur no direct costs. Funding is based on a contingency fee agreement: lawyers are only paid if the case succeeds (favorable judgment or settlement). Fees and other expenses (experts, administration, public notices, etc.) are then deducted from the total amount obtained (article 593 C.C.P.).<\/p>\n
If the case fails, the lawyers bear all costs, with no claims against members. Additionally, if the class action is dismissed, members are not required to compensate the opposing party, eliminating any financial risk.<\/p>\n
The FAAC, established in 1978, provides financial support for certain class actions. The group\u2019s representative may request assistance, subject to FAAC approval. The funds cover various expenses (experts, notices, etc.). In return, the FAAC recovers the advanced amounts and a percentage of the amounts obtained through judgment or settlement.<\/p>\n
Lawyers\u2019 fees are subject to court approval to ensure reasonableness (article 593 C.C.P.). The judge considers several factors:<\/p>\n