November 22-23, 2023
8:00 a.m. - 5:00 p.m.
Palais des Congrès
1001 Pl. Jean-Paul-Riopelle
Montréal, QC H2Z 1H5
The National Conference on Class Actions celebrates its 20th anniversary in 2023! The two-day event will bring together over 40 speakers from Canada, the United States and the European Union. Simultaneous translation to English is available.
Register today on the Barreau du Québec website.
On the organizing committee: Anne Merminod, Jean Saint-Onge, Myriam Brixi, Jean-Philippe Lincourt, Luciana Brasil and Valérie Beaudin.
This event counts for 14 hours of mandatory CLE credits.
In keeping with tradition, our speakers will kick off the conference with a presentation of key decisions from Québec class action case law issued in recent months.
Moderator
Panel
This presentation will focus on recent developments in class actions in the common law provinces. A selection of interesting judgments and highlights from the past year will be discussed.
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Panel
This panel focuses on the concept of reliance and its application in the context of securities class actions in both Canada and the United States. Topics include: (i) the distinction between loss causation and transaction causation as applied in U.S. litigation; (ii) the fraud-on-the-market theory and its application in the U.S. and Canada; and (iii) the application of the concept of reliance in the context of an action under section 1457 of the C.C.Q.
Moderator
Panel
This panel will address the complex issue of the burden of proof in the context of cases tried on the merits involving allegations of misrepresentation. The focus will be on the legal and conceptual challenges faced by the parties involved, whether plaintiffs or defendants. Speakers will analyze the various approaches used to establish the proof required in such cases, and discuss recent judgments on the matter.
Moderator
Panel
The preliminary exceptions that can be presented at the authorization stage are limited. How can we be more creative? Our speakers will review the case law on the most frequently invoked exceptions and provide some practical tips on how to articulate and present them. Join us for an insightful and interactive discussion led by seasoned professionals who will shed valuable light on the sometimes significant impact of preliminary exceptions in the course of class action proceedings.
Moderator
Panel
This talk will provide an overview of the various types of immunity from civil liability at the authorization stage of a class action. We will discuss the nature of these immunities, their underlying principles and the way Québec courts have dealt with immunity arguments at the authorization stage. The speakers will give us food for thought regarding the current state of the law, the interaction between class actions as procedural mechanisms and the various concepts of public law that impact the liability of state entities.
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Our speakers will offer an overview of class actions undertaken on behalf of Indigenous peoples in recent years, highlight the main challenges that define them and the outcomes of these cases.
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Judges from various Canadian jurisdictions will comment on class actions and the challenges they pose in terms of saving judicial resources and access to justice.
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As class actions increasingly proceed on the merits, this panel will address two issues: (a) how to prove common prejudice for class recovery, and (b) how to approach "mini-trials" related to individual recovery from a practical point of view. The panellists will discuss the key criteria, strategies and practical considerations behind this delicate distinction.
Moderator
Panel
Increased community involvement around ESG issues, along with a growing number of mandatory reporting requirements for certain types of public companies, have increased the likelihood of ESG-related litigation. This panel will provide an overview of class actions filed in several jurisdictions around the world, as well as an analysis of the current and anticipated situation in Québec and Canada in regards to environmental matters, including greenwashing, and securities, labour, diversity, health and safety issues.
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Panel
National class actions are an integral part of the Canadian legal landscape, and have given rise to a wealth of case law. Whether suspending or settling a class action, our courts have endorsed – or rejected – this type of action for many practical reasons, including economy and the principle of judicial comity.
As nationwide class actions make their way to trial for the first time, important substantive law concerns arise. For example, does the filing of a class action in a given province on behalf of non-residents suspend the statute of limitations on their actions in opt-out jurisdictions? How will a judge in a given jurisdiction assess the differences between provincial legal systems? Is the Québec legal system compatible with the concept of national class actions, or does it require a special approach?
These are just a few of the questions that will be addressed in this lively debate on national class actions.
Moderator
Panel
How can we assess the quality of a representative plaintiff? To what extent must they be personally committed to the successful outcome of the class action? In addition to the absence of conflict of interest and a personal cause of action, what are the prerequisites and inherent qualities that the court is entitled to expect from a representative plaintiff? Our panellists will address all of that and more.
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