CHAPTER XII
Class action
54 Definition. In this Title, unless
the context indicates otherwise, "Act" means the Act
respecting the class action (R.S.Q., c. R-2.1) and "Fonds" means the Fonds d'aide aux recours collectifs.
55 Compulsory indications. All class
action proceedings shall include the words "Class Action"
immediately above "Superior Court" on the front and
back.
56 Place of institution of motion. The
motion for authorisation to institute a class action (Article
1002 C.C.P.) shall be filed in the district indicated by the rules
relating to the place of instituting actions.
57 Content of motion. The motion shall
be drawn up in accordance with Form V and shall contain, in particular:
| a) |
an indication of the district
where the petitioner proposes that the class action be
brought, with reasons in support thereof; |
| b) |
full particulars of any identical,
similar or related questions of law or fact which the
petitioner wishes to have decided by the class action;
|
| c) |
a description of those questions
of law or fact, if any, which are particular to each member
individually; |
| d) |
the reasons justifying the
class action and which make the application of Articles
59 or 67 of the Code of Civil Procedure difficult or impractical
with a list of authorities in support thereof, if any.
|
58 Documents accompanying motion. The
motion shall be accompanied by the following documents, a copy
of which are to be served on the other party at the same time
as the motion:
| a) |
all contracts or other documents,
if any, on which the personal claim of the petitioner
is based; |
| b) |
copies of all contracts or
other documents, if any, which the petitioner has in his
possession and on which other claims raising the same
questions are based; |
| c) |
a list of the names and addresses
of the members of the class who are known by the petitioner
and, as for those who are unknown, an estimate of their
probable number and the place where they are domiciled; |
| d) |
a draft notice to members
(Article 1006 C.C.P.) complying with Form VI; |
| e) |
a draft judgment granting
the motion (Article 1005 C.C.P.) complying with Form VII; |
| f) |
a list of any individual
claims already filed that raise the same questions; |
| g) |
a copy of Rules 56 to 64; |
| h) |
a copy of the
Regulation respecting the percentage withheld by the Fonds
d'aide aux recours collectifs (O.C.1996-85). |
Failure by the petitioner to comply with this
Rule does not entail dismissal of the motion; however, the Judge,
on request of any interested person or on his own initiative,
may postpone the date of presentation of the motion and order
the petitioner to remedy the default.
59 Presentation of motion. On the date
the motion is presented, the Judge may permit the respondent to
contest in writing, within the time fixed by him. At the same
time, the Judge, after consulting with the attorneys, shall fix
a date for hearing the motion.
60 Contestation. If the respondent contests
in writing, his contestation must be accompanied with the documents
mentioned in Rule 58, to the extent he does not accept those already
filed by the petitioner. Any allegations of fact in the contestation
shall be supported by an affidavit.
61 Documentary evidence. Unless the
Judge grants special leave to the contrary, the motion is decided
on the basis of the documents and affidavits submitted by the
parties without hearing witnesses.
62 Authorization granted. If authorization
to institute a class action is granted, the action shall proceed
according to the ordinary rules, in the district designated by
the Chief Justice and before a judge designated by him.
63 Content of transaction. Every transaction
presented to the Court for approval shall contain the following
information (Article 1025 C.C.P.):
| a) |
a description of the class
whose members will be bound by the transaction; |
| b) |
the method of execution,
whether by collective recovery, with or without individual
liquidation of the claims of the members of the class
or the distribution of an amount to each of them, or by
individual recovery of the claims; |
| c) |
where the transaction provides
for collective recovery of the claims of the members of
the class, it must indicate the total sum due by the debtor
and stipulate that the debtor shall deposit that sum at
the Office of the Court; |
| d) |
in cases of collective recovery
in accordance with Article 1033 C.C.P. or of individual
claims, the procedure by which the claims will be liquidated
and the method of distribution; |
| e) |
the amount which will be
reimbursed to the Fonds in any case where it has
granted financial assistance to the representative (Section
30 of the Act); |
| f) |
the amount which the debtor
has agreed to pay as costs or fees (Section 32, 2nd paragraph
of the Act); |
| g) |
in cases of collective recovery,
the designation of the proposed beneficiaries of the balance,
where applicable. |
64 Content of notice. A notice given
in accordance with Article1025 C.C.P. shall comply with Article
1046 C.C.P. and contain the following information:
| a) |
a statement to the effect
that a transaction will be filed with the Court for approval
on a given date and at a given place; |
| b) |
where applicable, the agreement
concerning fees between the representative and his attorney;
|
| c) |
the nature of the transaction
and the proposed method of execution; |
| d) |
the procedure by which the
members will prove their claims; |
| e) |
a statement to the effect
that the members may present their contentions regarding
the proposed transaction and, where applicable, the proposed
distribution of the balance (Article 1036 C.C.P.). |
65 Approval of transaction. A motion
for approval of a transaction out of court shall be served upon
the other parties and the Fonds, together with a notice
of presentation.
66 Service of judgment. The representative
shall serve a judgment granting a class action on the Clerk and
the Fonds.
67 Report on administration. Where the
judgment orders collective recovery of the claims with individual
liquidation of the members' claims, the Clerk of the Court, after
the expiry of the period granted to the members to file their
claims, shall provide to the Court a detailed report on his administration
and give notice of such filing to the parties and the Fonds.
The report shall contain a list of the members
who filed claims, the amounts paid to each of them, the amount
of the balance and the amount withheld for the Fonds pursuant
to Section 42 of the Act and the Regulation respecting the percentage
withheld by the Fonds d'aide aux recours collectifs.
68 Balance. When the report of the Clerk
provided for in Rule 67 shows a balance, the representative shall,
within 30 days of the filing of such report, present to the Court
a motion for the distribution of such balance together with a
notice of its presentation served upon the Clerk, the Fonds
and the other parties to the action.
69 Costs. Any motion for fixing costs
or the fees of the representative's attorney or for approval of
a transaction respecting such costs or fees shall be served upon
the Fonds, together with a notice of its presentation.
