The Supreme Court has rendered its judgment in Marcotte v Bank of Montreal and clarified the constitutional principles governing the application of provincial consumer protection laws to federally regulated businesses. Given the proliferation of provincial consumer protection legislation, federally regulated businesses should pay close attention to this judgment when organising contractual relations with consumers.
Claiming to act on behalf of all Quebecers who have developed inflammatory bowel disease as a result of taking the drug Accutane, Yann Lebrasseur filed a motion seeking certification of a class action. However, the Quebec Superior Court recently refused to allow the action to proceed. This decision confirms that in order to be certified, a class action must be supported by solid evidence, not just vague, general allegations.