Applicant
Respondent
- Parties: The applicants were Eric Masson and Claude Gauthier. The respondents were Telus Mobility and Telus Communications Company.
- Subject Matter: The applicants, in their capacity as class action representatives, sought leave to appeal a Quebec Superior Court judgment, which dismissed a request to declare that the court-ordered individual recovery procedure was subject to the provisions of the Unclaimed Property Act. The applicants based their application on article 30, paragraph 2(8°) of Quebec’s Code of Civil Procedure, which provided that a judge had to grant permission for appeals against judgments rendered in enforcement matters. The third paragraph of that article provided when the court would grant permission.
- Ruling: The appeal court ruled in the applicants’ favour, granted the application for leave to appeal, and granted leave to appeal. The appeal court, without ruling on the proposed appeal’s merits, gave permission to appeal, considering that the applicants raised a new question of law, as conceded by the respondents. The question was serious enough for consideration and transcended the parties’ interests such that it was likely to arise again in other class actions, the appeal court explained. The appeal would proceed by expedited means via the filing of submissions in line with the procedures set out in the judgment, the appeal court noted.
- Date: The court released its decision on Dec. 2, 2024.
- Venue: This was a case before the Court of Appeal of Quebec.
- Amount: The appeal court noted that legal costs would follow the appeal’s outcome.
Court
Court of Appeal of QuebecCase Number
200-09-010827-241Practice Area
Class actionsAmount
$ 0Winner
ApplicantTrial Start Date
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