24. An association of employees is liable for any damage caused during a contravention of section 2 by the employees it represents unless it proves that the damage is not a result of the contravention or that the contravention is not part of any concerted action.
Any person who sustains any damage by reason of an act performed in contravention of section 2 may apply to the competent court to obtain compensation.
Notwithstanding article 1003 of the Code of Civil Procedure (chapter C-25), where a user within the meaning of the Act respecting health services and social services (chapter S-4.2) or a recipient within the meaning of the Act respecting health services and social services for Cree and Inuit Native persons (chapter S-5) institutes a class action under Book IX of the said Code by presenting a motion in accordance with the second paragraph of article 1002 of the said Code, the court shall authorize the institution of the class action if it is of opinion that the user or recipient to which it intends to ascribe the status of representative is in a position to adequately represent the members of the group described in the motion.
1986, c. 74, s. 24; 1992, c. 21, s. 186.