INTERLOCUTORY JUDGMENTS PRECEDING THE AUTHORIZATION ARE NOW SUBJECT TO APPEAL: LESSONS FROM JEAN COUTU GROUP (PJC) INC. V. SOPROPHARM
Me Annie Boivin-Breton, in collaboration with Me Pascale-Dionne Bourassa
Under the former Code of Civil Procedure, judgments rendered before the judgment on the authorization to institute a class action were not subject to appeal. In Jean Coutu Group (PJC) inc. v. Sopropharm, 2017 QCCA 1883, the Court of Appeal indicates that this rule no longer applies under the new Code of Civil Procedure.
Thus, both the defendant and the plaintiff can now seek leave to appeal of such judgment. The Court of Appeal specifies, however, that the appeal is reserved to exceptional cases.
Link to the French version of the article: D3B- Appel des jugements interlocutoires avant l’autorisation d’une action collective