(
27/6/2007)
On June 27, 2007, the Court of Appeal of Quebec unanimously confirmed the dismissal of the Motion for authorization to commence a class action presented by Mr. Mario del Guidice against Honda Canada Inc. Mtres. Christopher Richter and Claudine Lagacé had argued on behalf of Honda that the class proceedings were not an appropriate procedure in the circumstances of the case, notably because of the necessity to examine each vehicle individually in order to determine membership in the class. The Court of Appeal found that the judge in first instance had made no error in finding that the petitioner had failed to prove the existence of a group of claimants large enough to warrant class proceedings, and that the representative had not taken the steps required to demonstrate that he would be an appropriate representative of such a class. In conclusion, the Court underlined the difficulties of demonstrating that class action procedures are appropriate in cases alleging defects in automobile manufacture. The decision demonstrates an evolution in the case law concerning class proceedings in Quebec, which had previously minimized the petitioner’s burden at the authorization stage.
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