Case information

Civil procedure — Class action — Authorization — Res judicata — Prescription — Whether judgment dismissing application for authorization to institute class action on basis of insufficiency of allegations or evidence is final — Whether it was premature to find that applicant’s action against respondents 149667 Canada inc. and 9246 9352 Québec inc. was prescribed.

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In 2016, the Superior Court refused to authorize a class action against the respondents Staples Canada ULC, The Brick Warehouse LP and 2763923 Canada inc. on the ground that the facts alleged did not appear to justify the conclusions sought (Code of Civil Procedure, CQLR, c. C 25.01, art. 575(2)). No appeal from that decision was validly brought. Later, in 2017, the applicant, who had participated in the first proceeding, filed a new application to institute a class action based on similar facts against the same respondents (and two other respondent companies, 149667 Canada inc. and 9246 9352 Québec inc.). The application was essentially aimed at sanctioning misrepresentations concerning the purchase of additional warranties arising from the acquisition of consumer goods. The respondents opposed the second application by raising exceptions to dismiss based on res judicata and prescription. The Superior Court allowed the exceptions raised by the respondents, and the Court of Appeal dismissed the applicant’s appeal. Res judicata could not be circumvented in order to assert rights or make arguments that should have been advanced the first time.