November 27, 2017
Motion for leave to appeal from a judgment of the Superior Court dismissing an application to disqualify an expert. Dismissed.
In an application for authorization to institute a class action, the applicant unsuccessfully argued that the conflict of interest rules applicable to law firms should apply to large accounting firms.
According to the case law under the former Code of Civil Procedure (CQLR, c. C-25) (C.C.P.), judgments rendered before the judgment on the authorization to institute a class action were not subject to appeal. This rule no longer applies under the new Code of Civil Procedure (CQLR, c. C-25.01). Therefore, both the defendant and the plaintiff may seek leave to appeal from such a judgment. The applicable criteria are those set out in art. 31 or art. 32 C.C.P., as the case may be, which must, in compliance with the spirit of art. 578 C.C.P., ensure that the appeal is [translation] “overall, reserved for exceptional cases” (Centrale des syndicats du Québec c. Allen (C.A., 2016-11-22), 2016 QCCA 1878, SOQUIJ AZ-51343351, 2016EXP-3754, J.E. 2016-2110, para. 58). The applicant has failed to show that this was the case here.
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