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Quebec Appeal Court lowers threshold for class action certification

Monday, November 20, 2017 @ 8:59 AM | By Luis Millan

The threshold for class action certification in Quebec, long considered a class action haven, has become even lower following a Quebec Court of Appeal ruling that advises trial judges to be flexible, “read between the lines,” and assess substance over form when examining class action applications, according to class action experts.

In overturning another decision by the Quebec Superior Court that did not certify a class action, the Appeal Court held that trial judges are far too often ruling on the merits of the case rather...