Class Actions in Québec: Individual Defendant, As Individual

Les Courageuses v. Gilbert Rozon, 2020 QCCA 5 (39115)

The Applicant is a non‑profit established to represent victims of sexual harassment, assault or abuse in a class action against the respondent. It argues that the Respondent abused his power and influence to assault his victims for more than 30 years using the same modus operandi. In a split decision, the Court of Appeal allowed the Respondent’s appeal and dismissed the Applicant’s application for authorization to institute a class action. The majority found that the application judge had erred in law and that his assessment of the commonality of certain issues was clearly wrong. However, the dissenting judge was of the view that the judgment rendered was well‑reasoned, that it addressed all the objections raised by the Respondent and that no error of law or palpable error had been made in assessing the authorization criteria. “The application for leave to appeal…is dismissed with costs. Kasirer J. took no part in the judgment.”