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PLEASE TAKE NOTICE that the exercise of the class action was authorized on May 30th,2018 by the judgement of the Honourable Judge Simon Hébert, j.s.c., for the account of the physical persons being a part of the following group:

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All persons attending the demonstration organised by the REPAC-03, by the RGF-CN and by ROC-03 on September 30th,2016 between 8 a.m. and 12 a.m., which according to the itinerary was supposed to follow the route between the street de la Barricade to Place Royale in Québec.

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The Judge has order that the class action authorized by that judgment should be exercised in the district of Quebec;

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The status of representative for the class action was assigned to Maxime Couillard;

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The main questions of fact and law that will be treated collectively are the following:

1. Did the attendants of Quebec City violated the constitutional rights and/or quasi-constitutional rights of the members of the group provided by the Charter of Human Rights and Freedoms, in Canadian Charters of Rights and Freedom? If so, which one?

2. Are the attendants of Quebec City responsible for the moral damages incurred during the above-mentioned event?

3. Is Quebec City responsible for the damages caused by the attendants?

4. Would it be appropriate to award damages? If so, to what amount?

5. Would it be appropriate to award exemplary damages for abuse of rights and violation of the fundamental’s rights by virtue of Charter of Human Rights and Freedoms and the Canadian Charter of Rights and Freedoms? If so, to what amount?

6. Is there causation between the offences made by the attendants of the defendant and the damages suffered by the group members ?

7. Is the prescription required by the article 586 of the Cities and Towns Act valid?

 

The conclusions sought related to these questions are as follows :

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Condemn the defender, Ville de Québec, to pay the amount of $ 1,500 in damages to every person who had their rights to liberty damaged due to not being able to protest peacefully because of the Police intervention on September 30th, 2016 in Quebec City;

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Condemn the defender, Ville de Québec, to pay the amount of $ 1,500 in exemplary damages to every person who had their rights to liberty damaged due to not being able to protest peacefully because of the Police intervention on September 30th, 2016 in Quebec City.

 

The class action to be exercised by the representative of the group members will be based on the rules of extra-contractual liability of the defender in virtue of common right and Charter of Human Rights and Freedoms and the Canadian Charter of Rights and Freedoms;

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All members being part of the group, who won’t be excluded in anyway as shown below, will be attached by any judgment to intervene on the class action;

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The delay to be excluded from the group was set to 60 days of the notice to the members and which expires November 30th, 2018;

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A member who has not already made a personal request can be excluded from the group by notifying the Registrar of the Superior Court of Quebec at 300 boul. Jean-Lesage à Québec, G1K 8K6, by Registered mail before the expiration of the delay’s exclusion;

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All group members who has made an individual action which the final judgment on the class action would decide are to be excluded from the group if they don’t withdraw their demand before the exclusion delay’s expiration;

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A group member other than the representative or an intervener can not be required to pay legal fees for the class action;

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A group member has the right to request intervening on the class action and his intervention will be admitted if pertinent to the group; an intervener member is required to submitted to an examination before trial on the defendant’s demand;

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INFORMATION

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For further information, you are kindly requested to get acquainted with:

• The application for authorization to institute a class action;

• The judgment authorizing the institution of the class action (May 30th, 2018);

• The exclusion form.

 

You can also contact

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M. Maxime Couillard

maximecouillard@hotmail.com

 

Maître Nicola Salomone

Dumas Gagné Théberge avocats

400 Boulevard Jean Lesage #310,

Québec (Québec) G1K 8W1

Téléphone : 418.835.3853 | 418.648.0456

Télécopieur : 418.521.5142

nicola@dumasgagne.com