CLASS ACTIONS IN QUEBEC – RATIONE MATERIAE JURISDICTION:
A PRELIMINARY ISSUE
By Catherine Piché
Fasken Matineau DuMoulin LLP
Stock Exchange Tower
Suite 3400, P.O. Box 242
800 Square Victoria
Montreal, Quebec H4Z 1E9
cpiche@mtl.fasken.com
www.fasken.com
Montreal, March 16, 2005
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CLASS ACTIONS IN QUEBEC – RATIONE MATERIAE JURISDICTION: A
PRELIMINARY ISSUE
On December 14, 2004 in Quebec (Attorney General) v. Charest,1 the Court of Appeal of
Québec dismissed a class action instituted by surviving same-sex spouses who were deprived of
benefits, annuities or advantages, on the grounds that the dispute fell under the exclusive
jurisdiction of specialized Quebec tribunals and agencies, not the Superior Court of Québec. This
upholds the court’s earlier position in Société Asbestos Ltée v. Charles Lacroix and Régie des
rentes du Québec and Compagnie d’Assurance Tender Life2 respecting the legal controversy of
when to plead lack of jurisdiction ratione material in a class action suit.
The Facts
In Charest, the applicant sought the status of representative for a group of natural persons that
included:“[TRANSLATION] anyone who, having been the spouse of a person of the same sex
deceased between June 28, 1976 and June 16, 1999, was deprived of benefits, annuities or
advantages granted to surviving spouses of the opposite sex under any of the following Quebec
laws: Workmen’s Compensation Act;3 Act respecting industrial accidents and occupational
diseases;4 Automobile Insurance Act;5 Act respecting the Quebec pension plan;6 (…).” The
motion for authorization to institute a class action was filed against the Attorney General of
Québec, the Quebec Pension Board, the Commission administrative des régimes de retraite et
d’assurance, the Commission de la santé et de la sécurité du travail du Québec and the Société de
l’assurance-automobile du Québec.
Mr. Charest, who had lived in a marital relationship with Mr. Robert Caisse from 1976 until his
death on