TITLE II AUTHORIZATION TO INSTITUTE A CLASS ACTION

1002. A member cannot institute a class action except with the prior authorization of the court, obtained on a motion.

The motion states the facts giving rise thereto, indicates the nature of the recourses for which authorization is applied for, and describes the group on behalf of which the member intends to act.

1978, c. 8, s. 3; 2002, c. 7, s. 150.

1003. The court authorizes the bringing of the class action and ascribes the status of representative to the member it designates if of opinion that:

(a) the recourses of the members raise identical, similar or related questions of law or fact;

(b) the facts alleged seem to justify the conclusions sought;

(c) the composition of the group makes the application of article 59 or 67 difficult or impracticable; and

(d) the member to whom the court intends to ascribe the status of representative is in a position to represent the members adequately.

1978, c. 8, s. 3.

1004. If the court grants the motion, it refers the record to the chief justice who, taking into account the interest of the parties and of the members, fixes the district in which the class action is brought.

1978, c. 8, s. 3.

1005. The judgment granting the motion:

(a) describes the group whose members will be bound by any judgment;

(b) identifies the principal questions to be dealt with collectively and the related conclusions sought;

(c) orders the publication of a notice to the members.

The judgment also determines the date after which a member can no longer request his exclusion from the group; the time limit for exclusion cannot be less than 30 days nor more than six months after the date of the notice to the members.

1978, c. 8, s. 3; 1999, c. 40, s. 56.

1006. The notice to the members indicates:

(a) the description of the group;

(b) the principal questions to be dealt with collectively and the related conclusions sought;

(c) the right of a member to intervene in the class action;

(d) the district in which the class action is to be brought;

(e) the right of a member to request his exclusion from the group, the formalities to be followed and the time limit for requesting his exclusion;

(f) the fact that a member who is not a representative or an intervener cannot be called upon to pay the costs of the class action; and

(g) any other information the court deems it useful to include in the notice.

1978, c. 8, s. 3; 1999, c. 40, s. 56.

1007. A member may request his exclusion from the group by notifying the clerk of his decision, by registered or certified mail, before the expiry of the time limit for exclusion.

A member who has requested his exclusion is not bound by any judgment on the demand of the representative.

1978, c. 8, s. 3; 1992, c. 57, s. 420; 1999, c. 40, s. 56.

1008. A member is deemed to have requested his exclusion from the group if he does not, before the expiry of the time limit for exclusion, discontinue a suit he has brought which the final judgment on the demand of the representative would decide.

1978, c. 8, s. 3; 1999, c. 40, s. 56.

1009. In the case of an application for a declaratory judgment, the notice replaces, with respect to the members, the service provided for by article 454.

1978, c. 8, s. 3.

1010. The judgment dismissing the motion is subject to appeal pleno jure by the applicant or , by leave of a judge of the Court of Appeal, by a member of the group on behalf of which the motion had been presented. The appeal is heard and decided by preference.

The judgment granting the motion and authorizing the exercise of the recourse is without appeal.

1978, c. 8, s. 3; 1982, c. 37, s. 20.

1010.1. Unless inconsistent therewith, Title III applies, with the necessary modifications, to this Title.

1982, c. 37, s. 21.