NATIONAL CONFERENCE ON CLASS ACTIONS –
RECENT DEVELOPMENTS IN QUÉBEC, IN
CANADA AND IN THE U.S. (2017)
Date: March 23-24, 2017, 8:30 a.m. – 5:30 p.m.
Place: Palais des congrès de Montréal (Room 513 A)
1001 place Jean-Paul Riopelle
Montréal, QC H2Z 1H2
Cost (plus tax):
Member of the Barreau du Québec for less than 5 years: $465
Member of the Barreau du Québec for 5 years or more: $635
Others : $787
Recognized credits: 14 hours
Information / Registration :
www.barreau.qc.ca/formations/actioncollective
Mr. Guillaume Doucet-Boudreau, Registration Office
Telephone no.: 514 954-6955
Fax: 514 954-3481
Email : [email protected]
PROGRAM FOR THIS 14TH EDITION
(Some presentations will be in French but simultaneous translation will be provided.)
Thanks to the collaborative efforts of:
WE WISH TO THANK OUR SPONSORS
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Class actions, referred to from now on in the New Code of Civil Procedure as a "Special procedural route",
are subject to constant case law developments. This 2-day conference is for lawyers who want to become
more familiar with this field of practice and perfect their knowledge in order to be up to date on current
trends in Quebec, elsewhere in Canada and in the U.S.
As in past years, guest speakers representing both plaintiffs and defendants will present their analysis of
recent jurisprudence in class actions and a panel of judges from Superior and Appeal Courts from various
Canadian provinces will present their respective views of class action management and case law trends.
Lawyers involved in the disputes relating to the Marcotte and Sibiga cases will comment on the decisions
which deal, in particular, with the problem of multiple defendants and common issues. A panel of
practising lawyers from various jurisdictions will turn their attention to the questions and challenges raised
in multijurisdictional and cross-border class actions. There will also be a discussion on abuse of process
and the particular difficulties that such situations raise in class actions. Developments in environmental
class actions will also be discussed, particularly in relation to article 976 C.C.Q. Also on the program: the
necessary report on the first anniversary of the coming into force of the New Code of Civil Procedure and
its class action provisions.
A round-table discussion will follow about settlements and transactions, and another one on best practices
for communications with class members and the recommended solutions and initiatives to efficiently and
effectively reach them. To close the conference, a few lawyers involved in the Lac Mégantic case will
provide an update on the developments in that class action and what should be retained from it all.
In addition, at the conference lunch on Friday, our guest speaker Kenneth Feinberg, who was entrusted
with the responsibility of setting up and managing the September 11th Victim Compensation Fund, and
who wrote the book entitled What is Life Worth, will talk to us about the compensation program for victims
of September 11, 2001.
DAY 1: Thursday, March 23, 2017
8:30 a.m.: WELCOME AND INTRODUCTION
Jean Saint-Onge, Ad. E., Lavery, Montréal, QC
8:35 a.m.: ANNUAL REVIEW OF RECENT CLASS ACTION DECISIONS IN THE PROVINCE
OF QUÉBEC
The conference will open with a review of the most significant decisions rendered in the province
of Quebec in 2016. The speakers will also provide an overview of the cases to watch in 2017
and the issues that may well be subject to interesting developments. In addition, material
containing annotations to the significant cases of 2016 will be remitted to the attendees to serve
as a reference tool.
Shaun Finn, BCF Montréal, QC
Mathieu Charest-Beaudry, Unterberg Labelle Lebeau, Montréal, QC
9:45 a.m.: COFFEE BREAK
10:00 a.m.: RECENT DEVELOPMENTS IN THE COMMON LAW PROVINCES
Sonia Bjorkquist, Osler, Toronto, ON
Michael Peerless, McKenzie Lake, London, ON
11:15 a.m.: MARCOTTE & SIBIGA CASES: MULTIPLE DEFENDANTS AND COMMON
ISSUES – WHAT TO EXPECT NEXT?
Moderator: Hon. Claudine Roy, Superior Court of Québec, Montréal, QC
Bruce Johnston, Trudel Johnston Lespérance, Montréal, QC
Yves Martineau, Stikeman Elliott, Montréal, QC
12:15 p.m.: LUNCH – ROOM 512 E (included in your registration fees)
1:15 p.m.: COMMUNICATIONS WITH CLASS MEMBERS : BEST PRACTICES
Moderator: Marie Audren, Ad. E., Audren Rolland, Montréal, QC
Ariane Charbonneau, Éducaloi, Montréal, QC
Hon.. Pierre-C. Gagnon, Superior Court of Québec, Montréal, QC
Catherine Piché, Faculty of Law, Université de Montréal, Montréal, QC
Clara Poissant-Lespérance, Trudel Johnston & Lespérance, Montréal, QC
2:15 p.m.: THE NEW CODE OF CIVIL PROCEDURE OF QUÉBEC : REVIEW AND
DISCUSSION OF YEAR 1
Moderator: Yves Lauzon, Ad. E., Trudel Johnston & Lespérance, Montréal, QC
Vincent de L'Étoile, Langlois avocats, Montréal, QC
Éric David, Belleau Lapointe, Montréal, QC
Margaret Weltrowska, Dentons Canada, Montréal, QC
3:15 p.m.: COFFEE BREAK
3:30 p.m.: ENVIRONMENTAL CLASS ACTIONS
Moderator: François-David Paré, Norton Rose Fullbright Canada, Montréal, QC
Bernard Larocque, Lavery, Montréal, QC
Michel Bélanger, Ad. E., Montréal, QC
Aline Coche, Legal Department of the Ministère de la justice du Québec, Montréal, QC
4:30 p.m.: CLASS ACTION SETTLEMENTS
Moderator: Hon. Chantal Corriveau, Superior Court of Québec, Montréal, QC
Marie-Anaïs Sauvé, Sylvestre Fafard Painchaud, Montréal, QC
Emmanuelle Rolland, Audren Rolland, Montréal, QC
Catherine McKenzie, Irving Mitchell Kalichman, Montréal, QC
5:15 p.m.: END OF DAY'S SESSION
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DAY 2: Friday, March 24, 2017
8:30 a.m.: WELCOME AND INTRODUCTION
Jean Saint-Onge, Ad. E., Lavery, Montréal, QC
8:35 a.m.: CLASS ACTION TRENDS IN THE U.S.
This expert panel will address the fast changing landscape for United States class actions. Topics to be
covered include: How the Supreme Court under Trump will impact U.S. class actions; proposed
amendments to the Unites States class action rules; evolving use of experts in class action proceedings,
and recent Supreme Court class action opinions.
Moderator: Glenn Zakaib, Cassels Brock, Toronto, ON
Joel Feldman, Sidley Austin, Chicago, IL
James E. Miller, Shepherd Finkelman Miller & Shah, Chester, CT
9:30 a.m.: COFFEE BREAK
9:45 a.m.: THE JUDGES' PANEL
Moderator: Eric Hoaken, Lax O’Sullivan Lisus Gottlieb, Toronto, ON
Hon.. Pierre-C. Gagnon, Superior Court of Québec, Montréal, QC
Hon.. George R. Strathy, Chief Justice of Ontario Court of Appeal
Hon. Elliott M. Myers, Justice of British Columbia Supreme Court
10:45 a.m.: COFFEE BREAK
11:00 a.m.: CLASS ACTIONS AND ABUSE OF PROCESS
Moderator: Robert W. Leurer, Q.C., MacPherson Leslie & Tyerman, Regina, SK
Kristian Brabander, McCarthy Tétrault, Montréal, QC
Plaintiff v. Plaintiff - Plaintiff Abuse Of Process Applications: A Tool To Resolve Multi-Jurisdictional Class Action Issues : Plaintiffs
rarely use the tool of abuse of process as method to address control of overlapping multi-jurisdictional class actions. Sharon Matthews will look
at why that has been the case historically, the changing tide in provinces that have enacted legislation to address overlapping multi-jurisdictional
issues, and make an argument as to why such an approach can and should be utilized elsewhere.
Sharon Matthews, Q.C., Camp Fiorante Matthews Mogerman, Vancouver, BC
Try and Try Again : Abuse of Process in Multi-Jurisdictional Class Actions : Courts and defendants have been faced increasingly with
duplicate or overlapping class actions commenced in different provinces. The doctrine of abuse of process can be an effective tool to stay
duplicative class actions, where appropriate. Kathryn Podrebarac explores the evolution of the doctrine in the context of national class
actions. She will provide guidance on the general principles and themes that have emerged, culminating in three courts of appeal rendering
decisions in the “system access fee” class actions in 2015 and 2016.
Kathryn Podrebarac, Podrebarac Barristers, Toronto, ON
11:45 p.m.: CONFERENCE LUNCH – ROOM 512 E (included in your registration fees)
UNCONVENTIONAL RESPONSES TO UNIQUE CATASTROPHES: TAILORING THE LAW
TO MEET THE CHALLENGES
Mr. Feinberg will discuss those rare public policy occasions when alternative compensation regimes are
established to pay innocent victims of tragedy without resorting to traditional legal processes. The talk will
focus on the characteristics of such alternative programs, with special emphasis on such issues as
eligibility, the methodologies for calculating damages, proof requirements, and due process procedures.
Kenneth R. Feinberg, Feinberg Law Offices, Washington, DC
2:00 p.m.: MULTIJURISDICTIONNAL AND CROSS-BORDER CLASS ACTIONS
Moderator: Tim Pinos, Cassels Brock, Toronto, ON
Eric Vallières, McMillan, Montréal, QC
Luciana Brasil, Branch MacMaster, Vancouver, BC
Sylvie Rodrigue, Ad. E., Torys LLP, Toronto, ON
Normand Painchaud,Sylvestre Fafard Painchaud, Montréal, QC
3:00 p.m.: LAC MÉGANTIC CLASS ACTION : REVIEW AND DISCUSSION
Moderator: Claude Marseille, Blake, Cassels & Graydon, Montréal, QC
André Ryan, BCF, Montréal, QC
Jeff Orenstein, Consumer Law Group Inc., Montréal, QC
Sylvain Lussier, Ad. E., Osler, Hoskin & Harcourt, Montréal, QC
4:00 p.m. END OF CONFERENCE