Case information

Civil Procedure — Class actions — Authorization to institute class action — Conditions for authorization of action — Application for authorization to institute class action for damages for injuries caused by abuse allegedly committed by members of religious communities — Whether the Court of Appeal of Quebec erred in law in deciding the appeal did not meet the requirements for the authorization of a class action — Code of Civil Procedure, CQLR, c. C 25.01, art. 575.

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Mr. Boudreau and N.P. sought authorization to represent all persons, or their estates, who were victims of psychological, physical or sexual abuse or were subjected to persecution or human experimentation in any institution operated, administered or directed by the respondent congregations in the province of Quebec from 1935 to 1975. In the proposal, three subgroups of potential members were identified and referred to eligibility for the National Program of Reconciliation with the Duplessis Orphans.

The application judge dismissed the application for authorization to institute a class action as he identified shortcomings relating to the common nature of the questions raised and the description of the group.

The Court of Appeal dismissed the appeal and found that the application judge did not err in concluding that the application for authorization to institute a class action did not meet most of the criteria set out in the legislation. The Court of Appeal supported the application judge’s conclusion that there was real confusion regarding the description of the group and that the dilution of common issues was evident.