A class action in Québec generally lasts 3 to 8 years, sometimes longer depending on complexity.
1) Preliminary Analysis and Formal Notice
- Legal analysis of the claim (fault, damage, causal link).
- Verification of the authorization criteria.
- Sending of a formal notice .
- Identification of an appropriate representative.
2) Application for Authorization
Filing an application for authorization to bring a class action before the Superior Court of Québec. At this stage, a Superior Court judge must determine whether the proposed class action meets four conditions:
- The members’ claims raise common questions.
- The alleged facts appear to justify the conclusions sought.
- The composition of the group makes the application of ordinary rules difficult or impractical.
- The representative is able to ensure adequate representation.
If authorized → the case officially becomes a class action.
3) Notice to Members
- Publication of an authorization notice.
- Members may:
- Opt out.
- Remain automatically included.
4) Trial on the Merits
At this stage, the class action proceeds like a traditional lawsuit, but it is often more complex and large-scale. Trial preparation can take several years due to evidence gathering, disputes requiring court intervention, and possible appeals, which add further delays. Special rules protect the interests of members who do not actively participate in the judicial process.
- Documentary evidence and witness testimony.
- Examinations and expert reports.
- Determination of liability and damages.
5) Judgment
The court may:
- Uphold the action (award damages).
- Dismiss the action.
- Determine compensation modalities.
6) Recovery and Distribution
- Claims submitted by members.
- Distribution of compensation.
- Possible remaining balance paid to the Class Action Assistance Fund (according to applicable regulations).