• An Unprecedented Decision of the Court Of Appeal: A Judgment Authorizing a Class Action under the Securities Act May Be Appealed
  • August 22, 2013 | Authors: Josianne Beaudry; Jean-Philippe Lincourt; Sophie de Saussure
  • Law Firm: Lavery, de Billy, L.L.P. - Montreal Office
  • On July 17, 2013, the Court of Appeal issued an unprecedented judgment in Quebec in the case of Theratechnologies inc. v. 121851 Canada inc. Justice Clément Gascon, writing for the court, held, in a unanimous decision, that a judgment having authorized a class action for damages under section 225.4 of the Securities Act (Quebec) (hereinafter the “S.A.”) can be appealed despite the rule laid down in the Code of Civil Procedure (Quebec) (hereinafter the “C.C.P.”) to the effect that judgments authorizing the institution of a class action are unappealable.