Publications

This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Lavery keeps a close eye on developments in consumer law. Its leading-edge expertise in the retail trade and class actions has been pointed out many times by people involved in the field. Lavery is committed to keeping the business community informed about this issue by regularly publishing bulletins dealing with case law and legislative developments that could affect, influence and even change business practices. This bulletin discusses a recent Court of Québec decision concerning the liability of a credit card holder in the event of the theft of his card as well as the legislative changes on this issue proposed by Bill 24.

This publication was co-authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Lavery follows the evolution of consumer law closely. Its specialized expertise in the fields of retailing and class actions has been confirmed many times by stakeholders in the milieu. Lavery makes it its duty to keep the business community informed about these matters by regularly publishing bulletins that deal with judicial and legislative developments that are likely to leave their mark and influence or even transform practices in the milieu. The present bulletin analyzes a recent decision of the highest court in the country that will not fail to make waves in an area that affects all of us, that is advertising. On February 28, 2012, the Supreme Court issued its judgment in the case of Richard v. Time Inc. et al. and, reversing the Court of Appeal’s decision, partially reinstated the judgment of Justice Carol Cohen of the Superior Court who concluded that a commercial representation was false and misleading. According to the highest court in the country, the Court of Appeal erred in ruling that the average consumer has “an average level of intelligence, scepticism and curiosity”.

This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Lavery follows the evolution of consumer law closely. Its specialized expertise in the fields of retailing and class actions has been confirmed many times by stakeholders in the milieu. Lavery makes it its duty to keep the business community informed about these matters by regularly publishing bulletins that deal with judicial and legislative developments that are likely to leave their mark and influence or even transform practices in the milieu. This newsletter deals with a recent decision from the Court of Quebec having to do with consumer loans.[1] Justice Marie Pratte, basing herself on the provisions of the Consumer Protection Act (“CPA”), rejected an application to correct an interest rate that had been erroneously indicated in a money loan contract.

This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Consumer protection law and the Consumer Protection Act apply first and foremost to economic activities in the retail sector. Expenditures associated with this sector represent more than sixty-five percent of all expenditures in the province. It is also an area of the law which frequently comes before the courts. In many cases, these disputes arise in the context of a class action. Many believe that class actions are well-suited as a procedural vehicle for dealing with some of the provisions of the CPA, such as, for example, the provisions relating to prohibited commercial practices.

This publication was authored by Luc Thibaudeau, former partner of Lavery and now judge in the Civil Division of the Court of Québec, District of Longueuil. Consumer law and the Consumer Protection Act (the “CPA”) are aimed first and foremost at economic activities in the retail sales sector. Spending in this sector represents more than 65% of spending in the province. Consumer law is also an area of the law that the courts are frequently called upon to analyze and, in many instances, the dispute arises in the context of a class action. Many people feel that the class action is an appropriate procedural vehicle for dealing with certain provisions of the CPA, such as those concerning prohibited commercial practices. In recent months, several judgments concerning this area have been rendered and they shed some light, which is always welcome, on certain obligations imposed on merchants by the CPA. The subjects dealt with in these judgments are topical and involve products and services currently offered by many merchants.

Last August 3, the Superior Court of Québec dismissed the motion for authorization to institute a class action filed by Mr. Michel Dell’Aniello against Vivendi Canada Inc. This decision deals with two subjects of interest, namely, unilateral changes made by an employer to the group insurance program offered to the retirees of a business, and class actions that are national in scope.

SMEs are not Immune from Class-Actions Suits in Competition Law SMEs and Trade-Marks Dividing up Corporate Shares in the Event of Divorce, Separation from bed and Board, or Dissolution of a Civil Union

The Quebec Court of Appeal recently rendered a long-awaited decision in a consumer protection class action.On February 26th, the Court dismissed the main appeal and cross-appeal in Brault and Martineau Inc. vs. Riendeau for the reasons which were written by Justice Duval Hesler, which were endorsed by both Justice Gendreau and Justice Dalphond.

The Supreme Court of Canada ended a lengthy legal saga on November 20th, 2008 when it ordered St.Lawrence Cement Inc. to compensate residents of Beauport living near its cement plant. Comments on prescription, the assessment of damages and the granting of future damages.The Supreme Court's decision was expected and will have a major impact. Indeed, this decision imposes a burden that will be almost impossible for businesses to meet. Not only must they comply with the laws and regulations, but now they must also assess the annoyances they could cause to their neighbours and, if such annoyances can be considered abnormal or excessive, they will likely have to pay the price. Businesses will have to be especially prudent, considerate and imaginative to maintain a harmonious rapport with their neighbours.Consequently, we expect to see an increase in the number of class actions involving neighbourhood disturbances and annoyances against businesses and municipalities, which will also have to be careful in managing the development of their territory.

Class action and competition law: Toyota wins in the Court of Appeal

On September 26, 2007, the Court of Appeal dismissed the appeal of appellant Citizens for a Quality of Life and upheld the judgment of the Superior Court dated December 14, 2004, which had refused to grant its motion for authorization to institute a class action against Aéroports de Montréal on the basis of the lack of similar or related questions raised by the recourses of the class members.We understand from the case Citoyens pour une qualité de vie/Citizens for a Quality of Life v. Aéroports de Montréal and the other judgments referred to by the Court of Appeal that the petitioner is primarily responsible for describing the class he seeks to represent and that he must do so in logical and reasonable proportions. Under Article 1005 C.C.P., and in the presence of appropriate evidence, the judge seized with a motion for authorization has the authority to intervene to remodel the class but not to the extent of creating from scratch a description of the class which the petitioner is responsible for. Not only is this task not incumbent on the judge but a description that is too broad may very well lead to the absence of common issues and a preponderance of individual issues. In such a case, the petitioner will see his application for authorization dismissed for failing to comply with Article 1003 (a) C.C.P.

Two of our partners honoured with Québec Bar Mérite awards