Québec Class Action rules will soon allow defendants the right to seek leave to appeal from judgments certifying class actions. On February 21, 2014, Bill 28 (An Act to Establish the New Code of Civil Procedure) was sanctioned and will come into force in the Fall of 2015.
The New Code of Civil Procedure (article 578) finally allows defendants to challenge judgments certifying class actions. Since its introduction to Québec in 1978, class action rules of procedure have granted plaintiffs the right to appeal from certifications which are denied without leave; however, defendants have always been expressly prohibited the right to appeal from judgments which certified class actions. The New Code of Civil Procedure of Québec is in line with other provinces in Canada and is a welcome change to the Québec class action landscape.