Case information

None.

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Private international law - Foreign judgments - Exceptions to recognition of foreign judgment (art. 3155 C.C.Q.) - International comity - Jurisdiction of foreign authority - Forum non conveniens - Respect for fundamental principles of procedure - Lis pendens - Whether courts below erred in refusing to recognize judgment of Ontario court.

In September 2000, Canada Post offered its customers a lifetime Internet access package using software designed and produced by Cybersurf. However, the service was discontinued on September 15, 2001. The Alberta government filed a complaint against Canada Post and Cybersurf. Authorization to institute class actions was subsequently sought by three persons in succession. In Quebec, the Respondent Michel Lépine wanted to represent every natural person who had purchased the package in question from Canada Post in Quebec. In Ontario, Paul McArthur said that he wanted to represent everyone in Canada who had purchased the package, except persons in Quebec. In British Columbia, John Chen wanted to represent persons from that province. In December 2002, an agreement in principle was reached in the Alberta proceedings. The case in Quebec moved forward, and the parties agreed on a hearing date. However, the parties to the other two proceedings negotiated a settlement together. One effect of the settlement agreement was to change the groups covered by the two proposed class actions. One group was to be made up of British Columbia residents and the other group of other Canadian consumers, including those from Quebec. Under the settlement, the members of each group who returned the goods would be entitled to be refunded the purchase price ($9.95) plus taxes and to receive three months of free Internet service.

Mr. Lépine’s motion for authorization to institute a class action in Quebec was heard by the Superior Court from November 5 to 7, 2003, and the case was reserved for decision on November 7. On December 22, 2003, the Ontario Superior Court of Justice approved the settlement negotiated by the parties in Ontario and British Columbia. The next day, the Quebec Superior Court judge authorized the class action proposed by Mr. Lépine. On April 7, 2004, the British Columbia court also approved the settlement. On April 7 and 9, 2004, notices to members concerning the Ontario and British Columbia actions were published in Quebec, and these notices invited those who had purchased the package but wanted to be excluded from the settlement to make this known. On June 11, 2004, Canada Post made a motion in the Quebec Superior Court to have the Ontario court’s judgment recognized and declared enforceable and to have the Quebec class action dismissed on the basis of res judicata.

The Superior Court judge found that the judgment rendered by the Ontario court should not be recognized, mainly on the basis that the judgment had not treated Quebec residents fairly. The Court of Appeal, applying art. 3155(1), (3) and (4) C.C.Q., affirmed the judgment.