C-25 - Code of Civil Procedure

Section 1048 Disposition versions

2003-01-01

1048. A legal person established for a private interest, partnership or association defined in the second paragraph of article 999 may apply for the status of representative if

(a)  one of its members designated by it is a member of the group on behalf of which it intends to bring a class action; and

(b)  the interest of that member is linked to the objects for which the legal person or association has been constituted.

No legal person established for a private interest, partnership or association, except a legal person governed by Part III of the Companies Act (chapter C-38), a cooperative governed by the Cooperatives Act (chapter C-67.2) or an association of employees within the meaning of the Labour Code (chapter C-27), may obtain financial assistance from the Fonds d’aide aux recours collectifs for the prosecution of a class action.

1978, c. 8, s. 3; 1982, c. 37, s. 23; 1982, c. 26, s. 290; 1992, c. 57, s. 417; 2002, c. 7, s. 156; 2002, c. 54, s. 10.

1994-01-01

1048. A legal person governed by Part III of the Companies Act (chapter C-38), a cooperative governed by the Cooperatives Act (chapter C-67.2) or an association of employees within the meaning of the Labour Code (chapter C-27), may apply for the status of representative, if:

(a)  one of its members designated by it is a member of the group on behalf of which it intends to bring a class action; and

(b)  the interest of that member is linked to the objects for which the legal person or association has been constituted.

The affidavit required in support of the motion for authorization is then signed by the member designated under subparagraph a of the first paragraph.

1978, c. 8, s. 3; 1982, c. 37, s. 23; 1982, c. 26, s. 290; 1992, c. 57, s. 417.

1983-12-21

1048. A corporation governed by Part III of the Companies Act (chapter C-38), a cooperative governed by the Cooperatives Act (chapter C-67.2) or a group contemplated in the second paragraph of section 60, may apply for the status of representative, if:

(a)  one of its members designated by it is a member of the group on behalf of which it intends to bring a class action; and

(b)  the interest of that member is linked to the objects for which the corporation, the association or the group has been incorporated or formed.

The affidavit required in support of the motion for authorization is then signed by the member designated under subparagraph a of the first paragraph.

1978, c. 8, s. 3; 1982, c. 37, s. 23; 1982, c. 26, s. 290.

1982-06-30

1048. A corporation incorporated under Part III of the Companies Act (chapter C-38), an association established under the Cooperative Associations Act (chapter A-24) or a group contemplated in the second paragraph of article 60, may apply for the status of representative, if:

(a)  one of its members designated by it is a member of the group on behalf of which it intends to bring a class action; and

(b)  the interest of that member is linked to the objects for which the corporation, the association or the group has been incorporated or formed.

The affidavit required in support of the motion for authorization is then signed by the member designated under subparagraph a of the first paragraph.

1978, c. 8, s. 3; 1982, c. 37, s. 23.

1979-01-19

1048. A corporation incorporated under Part III of the Companies Act (chapter C-38) or a group contemplated in the second paragraph of article 60, may apply for the status of representative, if:

(a)  one of its members it designates is a member of the group on behalf of which it intends to bring a class action;

(b)  the interest of that member is linked to the objects for which the corporation or the group contemplated in the second paragraph of article 60 has been incorporated or formed;

(c)  that member was a member of the corporation at the time when the right to be claimed arose.

Where an affidavit is required from a corporation or group acting under this article, the affidavit is given by the member designated under subparagraph a of the first paragraph.

1978, c. 8, s. 3.