The appellant sought recognition in Quebec of an Ontario judgment certifying a national class proceeding and approving a settlement regarding a discontinued lifetime Internet service.
A parallel class action had already been authorized in Quebec.
The Supreme Court of Canada held that the Ontario judgment could not be recognized in Quebec.
Although the Ontario court had jurisdiction, the notice provided to Quebec class members was confusing and contravened fundamental principles of procedure.
Furthermore, the prior commencement of the Quebec proceeding created a situation of lis pendens, which also precluded recognition under the Civil Code of Québec.
