TITLE IV JUDGMENT

CHAPTER I

CONTENT AND EFFECT OF THE FINAL JUDGMENT

1027. Every final judgment describes the group and binds the member who has not requested his exclusion from the group.

1978, c.

1028. Every final judgment condemning to damages or to the reimbursement of an amount of money orders that the claims of the members be recovered collectively or be the object of individual claims.

1978, c. 8, s. 3.

1029. The court may, ex officio or upon application of the parties, provide measures designed to simplify the execution of the final judgment.

1978, c. 8, s. 3.

1030. When the final judgment acquires the authority of res judicata, the court of first instance orders the publication of a notice.

The notice contains a description of the group and indicates the tenor of the judgment.

If the final judgment provides that a member may file his claim, the notice also indicates the questions remaining to be determined, the information and documents that must accompany the claim and any other information the court deems it useful to include in the notice.

1978, c. 8, s. 3.

CHAPTER II

COLLECTIVE RECOVERY

1031. The court orders collective recovery if the evidence produced enables the establishment with sufficient accuracy of the total amount of the claims of the members; it then determines the amount owed by the debtor even if the identity of each of the members or the exact amount of their claims is not established.

1978, c. 8, s. 3.

1032. The judgment ordering the collective recovery of the claims orders the debtor either to deposit the established amount in the office of the court or with a financial institution operating in Quebec, or to carry out a reparatory measure that it determines or to deposit a part of the established amount and to carry out a reparatory measure that it deems appropriate.

Where the court orders that an amount be deposited with a financial institution, the interest on the amount accrues to the members.

The judgment may also, for the reasons indicated therein, fix terms and conditions of payment.

The clerk acts as seizing officer on behalf of the members.

1978, c. 8, s. 3; 1992, c. 57, s. 420; 2002, c. 7, s. 152.

1033. If the judgment ordering collective recovery provides for the individual liquidation of the claims of the members or the distribution of an amount to each of them, this liquidation or distribution is effected in the manner provided in articles 1037 to 1040.

Amounts not claimed or not distributed constitute the balance.

1978, c. 8, s. 3.

1033.1. The court may designate a third person to liquidate individual claims or to distribute the amounts awarded by a judgment to each member and determine that person\'s remuneration.

The distribution of the amounts awarded by the judgment or agreed by way of a homologated transaction is effected under the supervision of the court.

2002, c. 7, s. 153.

1034. The court may, if of opinion that the liquidation of individual claims or the distribution of an amount to each of the members is impossible or too expensive, refuse to proceed with it and provide for the distribution of the balance of the amounts recovered collectively after collocating the law costs and the fees of the representative\'s attorney.

1978, c. 8, s. 3.

1035. The claims are collocated in the following order:

(1) law costs, including the costs of notification and the remuneration referred to in article 1033.1;

(2) the fees of the representative\'s attorney; and

(3) the claims of the members, if any.

1978, c. 8, s. 3; 2002, c. 7, s. 154.

1036. The court disposes of the balance in the manner it determines, taking particular account of the interest of the members, after giving the parties and any other person it designates an opportunity to be heard.

1978, c. 8, s. 3.

CHAPTER III

INDIVIDUAL CLAIMS

1037. This chapter applies where it is expedient to render judgment upon the individual claims of the members.

1978, c. 8, s. 3.

1038. When the final judgment acquires the authority of res judicata, a member may, within one year following the publication of the notice provided for in article 1030, file his claim at the office of the court of the district in which the class action was heard or of any other district as determined by the court.

1978, c. 8, s. 3.

1039. The court decides the claim of the member or orders the clerk to render judgment in accordance with the terms and conditions it determines.

The court may, if it deems it necessary in the interest of justice and of the parties, determine special modes of proof and procedure.

1978, c. 8, s. 3; 1992, c. 57, s. 420.

1040. The defendant may urge a preliminary exception against a claimant which article 1012 prevented him from moving earlier.

1978, c. 8, s. 3.

CHAPTER IV

APPEAL

1041. The final judgment is subject to appeal pleno jure by a party.

1978, c. 8, s. 3.

1042. If the representative does not appeal or if his appeal is dismissed for one of the reasons provided for in paragraph 1 or 3 of the first paragraph of article 501, a member may, within 60 days following the date of the publication of the notice contemplated in article 1030, apply to the Court of Appeal for leave to appeal and to be substituted for the representative. The Court grants the motion if it is of opinion that the interest of the members so requires.

The time limit provided for in this article is peremptory.

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

1043. The appealing party addresses the court of first instance for determination of the notice to be given to the members.

1978, c. 8, s. 3.

1044. If the Court of Appeal, in opposition to the Superior Court, maintains the demand of the representative, in whole or in part, it may order the record of the action returned to the court of first instance so that collective recovery may be proceeded with or judgment may be rendered on the individual claims of the members.

1978, c. 8, s. 3.