As we head toward the end of 2024, we note the following three developments coming out of the class actions space in Québec so far this year1.
Applications for authorization
The number of applications for authorization filed (39) remains relatively stable, with two applications less than last year.
- Consumer protection: Consumer protection issues continue to dominate, mainly related to false or misleading representations, or latent defects affecting consumer goods.
- Technology: A new trend is emerging with an increase in class actions against technology platforms. Two new cases have been filed, involving allegations of addiction to online technologies.
- Privacy: Data breach actions are still present, with a slight increase compared to the previous year.
- Construction: A first in five years: a class action has been filed against the construction industry, claiming compensation for construction defects affecting residential buildings.
Figure 1: Applications for authorization, broken down by industry
Authorization judgments
- Authorization bar: In Québec, the low
bar to authorization explains why over 80% of class actions were
authorized during this period.
- Of the six judgments denying authorization, two were reversed and one was upheld on appeal (Graaf c. SNC-Lavalin Group Inc., 2024 QCCA 303).
- AI: In the coming months we could see an authorization judgment on the first AI class action in Québec (Doan v. Clearview AI, Inc.), which could mark a turning point for this emerging sector.
Figure 2: Authorization judgments
Judgments on the merits
- Limited number of decisions: Only four
decisions on the merits have been issued since the beginning of the
year. The majority were in favour of defendants.
- The only decision in favour of the plaintiff was rendered in the case opposing taxi owner's permit holders in Québec to the Attorney General of Québec, resulting in a compensation payment (Metellus c. Procureur général du Québec, 2024 QCCS 2388).
- Systematic appeals: Whether favourable or not, all the decisions have been appealed.
Figure 3: Judgments on the merits
This first overview of class actions in Québec highlights some interesting trends, while pointing to notable developments in the months to come, particularly in the fields of technology and AI.
Footnote
1. The authors would like to thank Montréal summer students Maya Vacante and Annabelle Barbeau for their contribution. The statistics were compiled as of September 13, 2024, using publicly available databases.
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