Our firm was recently successful in defending against a class action. After a four-day hearing on the motion for authorization, Judge Pierre Isabelle, of the Superior Court of Quebec, denied authorization to institute a class action against our clients James MacLaren Industries Inc., Brascan Power Services Inc. and Nexfor Inc.
The class action was initiated on behalf of the riparian owners along the Rivière du Lièvre affected by the water level of the Rapides des Cèdres impounding dam in the Outaouais region.
The Superior Court confirmed that our clients were neither the owners nor the managers of the impounding dam, their role being limited to making use of the hydraulic forces of the river to generate power.
The class action was authorized against the Attorney General of Quebec, as the owner and manager of the impounding dam, but was denied against the Attorney General of Canada.
Michel Yergeau and Jean Saint-Onge were in charge of the matter for our clients. They were assisted by Jean-Philippe Lincourt in the preparation of the case and at the hearing.