Class Action and Consumer Law : The Court of Appeal excludes non-consumers from the approved class in an authorized class action

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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.

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