Sheila Calder v. RBC – Judgment for disclosure of evidence


By judgment rendered on April 11, 2018, the Superior Court of Quebec, presided by the Honorable Marc De Wever, j.c.s, decided on objections formulated by RBC Royal Bank of Canada and RBC Capital Markets Corporation against 65 requests for disclosure of information and documents made by Mrs. Sheila Calder in the name of all the members of this class action.

The Court ruled in favour of Mrs. Calder and thus in favour of the group on 52 of her 65 requests for disclosure. RBC Royal Bank of Canada and its subsidiary have been ordered to disclose the information and documents for the 52 granted requests within 90 days, in other words by July 10, 2018.

By this judgment, the Court emphasizes the importance of applying a generous approach to the discovery process and a broad interpretation of what constitutes “relevant evidence” at this exploratory stage of the proceedings. The Court also reminds the reader that it has broad discretionary powers in matters of class actions, and that its intervention was at this stage to streamline the evidence at trial.

The judgment could still be appealed. RBC Royal Bank of Canada and its subsidiary may, within 30 days of the judgment, file a request for leave to appeal of this judgment before the Quebec Court of Appeal.

Please consult our web site section dedicated to this class action to download or read the judgment (currently only available in its original French version, a translation is in process), or contact us by email or phone at the coordinates below. / 514-937-2881 #233

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