Can Opinions be Considered at Certification in Quebec?

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We used to think that opinions alleged in a certification motion in Quebec could not be considered by the Court as part of the factual elements taken for true.  However, in a very recent decision certifying a class action for illegal price-fixing Gasoline Cartel, the Superior Court of Quebec decided that any documents filed by petitioner containing opinions and hearsay must be considered by the Court in order to assess the appearance of right.  This is a new twist that you have to be aware when assessing the appearance of right.  But does that mean that respondents will be able to ask leave to file similar documents containing opinions?

But this is only a trial decision!

See Association pour la protection automobile and Thouin v. Ultramar Ltée et al., S.C.Quebec 200-06-000135-114, September 6, 2012, Bélanger J.

2012 certification Gasoline Carte petitioner price-fixing Quebec September 6 Superior Court of Quebec Thouin v. Ultramar Ltée trial decision

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