TITLE III CONDUCT OF THE ACTION

1011. The representative brings his demand in accordance with the ordinary rules. If he does not do so within three months of the authorization, the court may declare it perempted upon motion by any interested party served on the representative and accompanied with a notice of at least 30 days of its presentation.

So long as the motion is not decided, the representative or another member requesting to be substituted for him may still avoid the declaration of peremption of the authorization by bringing his demand; in such case, the court grants the motion, but for the costs only.

1978, c. 8, s. 3; 1982, c. 37, s. 22.

1012. Except in the case where he claims to have a recourse in warranty, the defendant cannot urge a preliminary exception against the representative unless it is common to a substantial part of the members and bears on a question dealt with collectively.

1978, c. 8, s. 3.

1013. Proof or hearing of the demand brought by the representative cannot take place before the expiry of the time limit for exclusion.

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

1014. An admission by a representative binds the members unless the court considers that the admission causes them prejudice.

1978, c. 8, s. 3.

1015. The representative is deemed to have a sufficient interest notwithstanding his acceptance of the defendant\'s offers respecting his personal claim. However, another member may request to be substituted for him.

1978, c. 8, s. 3.

1016. The representative cannot amend a proceeding, or discontinue, in whole or in part, the action, a proceeding or a judgment, without the permission of the court and except on the conditions it deems necessary.

1978, c. 8, s. 3.

1017. A member cannot intervene voluntarily in demand except to assist the representative, to aid his demand or to support his pretensions.

The court admits the intervention if of opinion that it is useful to the group.

1978, c. 8, s. 3.

1018. In the case of a conservatory intervention, the court may at any time limit the right of an intervener to produce a proceeding or to participate in the proof or hearing, if it is of opinion that the intervention is prejudicial to the conduct of the action or is contrary to the interests of the members.

1978, c. 8, s. 3.

1019. A party cannot, before the final judgment, submit a member other than a representative or an intervener to an examination on discovery or a medical examination unless the court considers the examination on discovery or medical examination useful to the adjudication of the questions of law or fact dealt with collectively.

1978, c. 8, s. 3.

1020. A witness cannot be heard out of court without the permission of the court.

1978, c. 8, s. 3.

1021. A member cannot be examined on articulated facts.

1978, c. 8, s. 3.

1022. The court may, at any time, upon the application of a party, revise the judgment authorizing the bringing of the class action if it considers that the conditions set forth in paragraph a or c of article 1003 are no longer met.

The court may then amend the judgment authorizing the bringing of the class action or annul it, or allow the representative to amend the conclusions sought.

In addition, if the circumstances so require, the court may, at any time, and even ex officio, change or divide the group.

1978, c. 8, s. 3.

1023. The person wishing to waive his status of representative can only do so with the authorization of the court.

The courts accepts the waiver if it is able to ascribe the status of representative to another member.

1978, c. 8, s. 3.

1024. A member may, by motion, apply to the court to have himself or another member substituted for the representative.

The court may substitute the applicant or another member consenting thereto for the representative if it is of opinion that the latter is no longer in a position to represent the members adequately.

The substituted representative accepts the trial at the stage it has then reached; he may, with the authorization of the court, refuse to ratify the proceedings already had if they have caused an irreparable prejudice to the members. He cannot be bound to pay the costs and other expenses for proceedings prior to the substitution, unless the court orders otherwise.

1978, c. 8, s. 3.

1025. Transaction, acceptance of a tender or acquiescence, except where it is unconditional in the whole of the demand, is valid only if approved by the court. This approval cannot be given unless a notice has been given to the members.

The notice must state

(a) that the transaction will be submitted to the court for approval, specifying the date and place of such proceeding;

(b) the nature of the transaction and the method of execution;

(c) the procedure to be followed by the members to prove their claims; and

(d) that the members have the right to present their arguments to the court as regards the transaction and the distribution of any balance remaining.

The judgment determines, is such is the case, the terms and conditions of application of articles 1029 to 1040.

1978, c. 8, s. 3; 1982, c. 17, s. 30; 2002, c. 7, s. 151.

1026. If, after the demand of the representative is brought, the court annuls the judgment authorizing the bringing of the class action, the suit continues between the parties in accordance with the ordinary rules; where such is the case, the record is returned to the competent court.

1978, c. 8, s. 3.