Application for authorization to institute a class action
Canada
Province of Québec
District of
No. / (Class Action)Superior Court
Plaintiff A
And
Plaintiff B (as the case may be) / Plaintiff(s)
v.
X,Y,Z / Defendant(s)
Application for authorization to institute a class action, and to obtain the status of representative
PLAINTIFF(S) ALLEGES RESPECTFULLY:
1. Plaintiff A wishes to institute a class action on behalf of the natural persons forming part of the class hereinafter described and of which the plaintiff is a member, namely :
(description of class)
and (in the case of a. 571 CCP)
Your plaintiff B is a corporation; plaintiff A (occupation, domicile and residence) is, and was, at the time when the right to be claimed arose, an administrator or a member of the said corporation (Plaintiff B); the interest of the Plaintiff A is linked to the objects for which the said corporation has been incorporated;
or
Your Plaintiff B is a society or an association; Plaintiff A (occupation, domicile and residence) is, a member of the said association; the interest of A is linked to the objects for which the said association was established;
or
Your Plaintiff B is a group without legal personality; Plaintiff A (occupation, domicile and residence) is a member of the said group, and the interest of A in the action is linked to the objects for which the said group has been formed.
2.The facts on which the Plaintiff's personal claim (or that of the member designated by the plaintiff corporation or association or group) against the defendant(s) is based, are as follows :
(allegations)
3.The facts giving rise to personal claims by each of the members of the class against the defendant are :
(allegations)
4.The composition of the class makes it difficult or impracticable to apply the rules for mandates to take part in judicial proceedings on behalf of others or for consolidation of proceedings:
(allegations)
5.The identical, similar or related questions of law or fact between each member of the class and the defendant which plaintiff wishes to have decided by the class action are :
(allegations)
6.The questions of law or fact which are particular to each of the member, are :
(allegations)
7.It is expedient that the bringing of a class action for the benefit of the members of the class be authorized.
8.The nature of the recourse which the plaintiff wishes to exercise on behalf of the members of the class, is :
(nature of recourse)
9.The conclusions sought by your plaintiff are :
(allegations)
10.The plaintiff A (or plaintiff B) requests that he (it) beascribed the status of representative.
11.The plaintiff A (or plaintiff B) is in a position torepresent the members adequately, for the following reasons :
(allegations)
12.The plaintiff A (or plaintiff B) suggests that the class action should be brought before the Superior Court of the district of ………………………………. for the following reasons :
(allegations)
WHEREFORE PLAINTIFF PRAYS :
That the present application be granted;
and
That the bringing of a class action be authorized, as follows :
(nature of action)
That the status of representative be granted to ………………………. for the purpose of bringing the said class action for the benefit of the following group of natural persons, namely :
That the principal questions of law and fact to be dealt with collectively be identified as follows :
That the conclusions sought with relation to such questions be identified as follows :
That it be declared that any member who has not requested his exclusion from the class be bound by any judgment to be rendered on the class action, in accordance with law;
That the delay for exclusion be fixed at (number of days after the date of notice to the members) and that at the expiry of such delay the members of the class who have not requested exclusion be bound by any such judgment;
That it be ordered that a notice to the members be published on (date) in the following manner and form;
That the record be referred to the Chief Justice so that he may fix the district in which the class action is to be brought and the judge before whom it will be heard.
In the event that the class action is to be brought in another district, that the clerk of this Court be ordered, upon receiving the decision of the Chief Justice, to transmit the present record to the clerk of the district designated.
The whole with costs to follow suit.