Application for licensure
The first step in a class action is the application for authorization to practise. The application shall indicate the description of the facts, the nature of the action and the group that is the subject of the class action.
The application for authorization to practise must be served on the opposing party 30 days before the date of its submission, with a notice to that effect. In Quebec, it is the Superior Court that has jurisdiction to give authorization to institute a class action.
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Judgment of authorization
Following authorization, the judge of the Superior Court will render a judgment in which he will specify the following elements:
- A description of the group whose members will be bound by the judgment;
- The appointment of the representative;
- Identification of key issues;
- The conclusions sought (compensation);
The judgment will also provide for an order for the publication of a notice to the members, so that they can join the action.
It is also in this judgment that the judge will determine the maximum date for a member to exclude himself from the group. A member may have an interest in withdrawing from the group if, for example, he or she wishes to bring an invidual lawsuit before the Court.
Conduct of the class action
Following the authorization judgment, it is time to file an application initiating proceedings, which is normally the first step in a legal proceeding in a civil suit. This request shall state the facts and the compensation sought.
It is important that this application is filed within the legal period of 3 months; otherwise, it will be declared null and void.
Receive compensation
If there has been a successful hearing or settlement out of court, there will be a judgment ordering the defendant to pay damages or a sum of money. The judgment will also order the distribution of an amount to each class member.
Following the judgment, there will be a notice on the Internet, newspapers, as well as on the class action register to inform the class members targeted by the class action.