Bédard v. Kellogg Canada Inc.

Bédard v. Kellogg Canada Inc.
Court (s) Database
Federal Court of Appeal Decisions
Date
2008-04-08
Neutral citation
2008 FCA 125
File numbers
A-282-07
Decision Content
Date: 20080408
Docket: A-282-07
Citation: 2008 FCA 125
CORAM : DESJARDINS J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
JANIE BÉDARD
Appellant
and
KELLOGG CANADA INC.
Respondent
Hearing held at Montréal, Quebec, on April 8, 2008.
Judgment from the bench delivered at Montréal, Quebec, on April 8, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Date: 20080408
Docket: A-282-07
Citation: 2008 FCA 125
CORAM: DESJARDINS J.A.
NOËL J.A.
NADON J.A.
BETWEEN:
JANIE BÉDARD
Appellant
and
KELLOGG CANADA INC.
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on April 8, 2008)
NADON J.A.
[1] The appellant contests the decision of Gauthier J. of the Federal Court, dated May 16, 2007, dismissing her application to have the action she had commenced on June 16, 2005, certified as a class proceeding.
[2] Gauthier J. dismissed the appellant’s application for certification because she was of the opinion that some of the conditions for certification set out in subsection 299.18(1) of the Federal Courts Rules had not been met, namely paragraph (d), if a class action is the preferable procedure for the fair and efficient resolution of the common questions of law or fact; and paragraph (e), if the appellant would fairly and adequately represent the interests of the proposed class.
[3] We are of the opinion that the judge did not err in law or in the exercise of her discretion. Moreover, we are satisfied that, for the reasons stated by Gauthier J., a class proceeding is not the preferable procedure for the fair and efficient solution of the common questions of law or of fact raised by the action, given the facts on the record and the relief sought by the appellant.
[4] In light of our conclusion, there is no need to determine whether the judge erred in concluding that the pleadings disclosed a reasonable cause of action, even though we have serious doubts on this point.
[5] For these reasons, the appeal will be dismissed without costs.
“M. Nadon”
J.A.
Certified true translation
Michael Palles
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-282-07
APPEAL FROM A DECISION OF MADAM JUSTICE JOHANNE GAUTHIER OF THE FEDERAL COURT, DATED MAY 16, 2007, DOCKET NO. T-1044-05
STYLE OF CAUSE: JANIE BÉDARD v. KELLOGG CANADA INC.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 8, 2008
REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A.
NOËL J.A.
NADON J.A.
DELIVERED FROM THE BENCH BY: NADON J.A.
APPEARANCES:
Chantal Desjardins
Stéphane Nadeau
FOR THE APPELLANT
Karine Joizil
Claude Marseille
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Ferland Marois Lanctôt
Montréal, Quebec
FOR THE APPELLANT
Fasken Martineau DuMoulin
Montréal, Quebec
FOR THE RESPONDENT