C-25.01, r. 4 - Rules of Practice of the Superior Court of Québec in Civil Matters

Schedule Disposition versions

2012-09-01

FORM VI

(Rule 55)

Canada (Class Action)

Province of Québec Superior Court

District of

No:

A

Petitioner,

v.

B

Respondent,

NOTICE TO MEMBERS

(1) TAKE NOTICE that the bringing of a class action has been authorized on the ______________________________ day of ______________________________ by judgment of the Honourable Jr. Justice ______________________________ of the Superior Court, for the benefit of the natural persons forming part of the group hereinafter described, namely:

(2) The Chief Justice has ordered that the class action authorized by the said judgment shall be brought in the district of ______________________________

(3) The address of the petitioner is as follows:

The address of the respondent is as follows:

(4) For the purposes of the class action, the status of representative has been ascribed to ______________________________ (profession, domicile and address).

(5) The principal questions of law or fact to be dealt with collectively are as follows:

(6) The conclusions sought with relation to such questions are as follows:

(7) The class action to be brought by the representative for the benefit of the group will be as follows: __________(nature of action)__________

(8) Any member of the group who has not requested his exclusion in the manner hereinafter indicated, will be bound by any judgment to be rendered on the class action.

(9) The date after which a member can no longer request his exclusion without special permission, has been set at ______________________________

(10) A member who has not already brought a suit in his own name, may request his exclusion from the group by advising the Clerk of the Superior Court of the district of ___________________________ by registered or certified mail, before the expiry of the delay for exclusion.

(11) Any member of the group who has brought a suit which the final judgment on the class action would decide, is deemed to have requested his exclusion from the group if he does not, before the expiry of the delay for exclusion, discontinue such suit.

(12) A member of the group other than the representative or an intervenant cannot be condemned to pay the costs of the class action.

(13) The Court may permit a member to intervene in the class action if it considers such intervention useful to the group. An intervening member may be bound to submit to examination on discovery or a medical examination, or both, at the request of the respondent. A member who does not intervene in the class action can only be required to submit to an examination on discovery or a medical examination if the Court considers it useful.

(Such other information as may be ordered by the Court).

R.R.Q., 1981, c. C-25, r. 8, Form III; Decision 94-06-23, s. 1; Decision 98-10-16, s. 3.