On February 17, 2014, a committee of the National Assembly of Quebec has adopted a modification to Bill 28 (An Act to establish the new Code of Civil Procedure) by which the upcoming new rules of procedure for Quebec will now allow appeals (with leave) from decisions certifying class action. Such appeals (with or without leave) have always been forbidden in Quebec, thus creating an asymmetric regime for appeal of certification decision: petitioners could always appeal as of right a decision denying certification, while defendants could never appeal a decision certifying (in total or in part) a class action. This will now change when the new rules of procedure will be formally adopted and come into force (later this year or in 2015). The new rule will be that petitioners will be able to appeal as of right a decision denying certification, while defendants will be able to seek leave to appeal from a decision certifying (in total or in part) a class action.
This amendment was piloted by the Quebec Bar Committee on class actions, of which Donald Bisson of our firm is a member.
This new rule will apply to ongoing case.