Le procès du recours collectif (in French only)

Author

Me Lisanne Fabi

Organization

Union des consommateurs

Published

2006

Summary

The Union des consommateurs has attempted to analyse both the negative criticisms of class actions and the arguments behind them and the rebuttals of these criticisms. The purpose of this research was to establish whether the facts, law and court rulings can be used to support the arguments of one side or the other, allowing us to determine whether the various disputes in which our research is involved can be settled impartially. The main themes around which discussions centred were the role of counsel; the role of consumer groups; and the balance of forces on which class actions impinge. The study looked primarily at three provinces: Quebec, Ontario and British Columbia. The Union also reviewed the literature and media, as well as legislation, specific cases and certain statistical data on class actions. The case analyses were based on particular jurisprudence likely to be invoked in support of the criticisms made. A comparative analysis of the laws and jurisprudence of the three provinces was also conducted in some cases to see whether a given problem is likely to arise in each of the provinces studied and, where applicable, to examine the way the courts are disposing or have disposed of it.

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French only

OCA Funded Research
This research received funding support through the Office of Consumer Affairs' Contributions Program.

Contact information

Source: Consumer Policy Research Database