2021 May 6

CD c. Facebook, inc., 2021 QCCS 1809

The Superior Court of Quebec made an Order permitting Facebook to submit appropriate evidence to challenge the authorization of a class action.   The plaintiff CD was seeking leave to bring a class action over “Dis son nom” and “Victim’s voices” Facebook pages which allow victims of sexual abuse to publicly and anonymously denounce people they allege are potential abusers.   The published list includes first and last names and in some instances, an indication of the person’s city or place of work.  Facebook sought, inter alia, to introduce evidence of statements by legal counsel for the plaintiff that the main objective of the proceedings is not to obtain monetary compensation, but to change Facebook practices.  The Court noted that it is not unusual for a plaintiff, in the context of a defamation action, to state publicly that money is not the primary reason for his or her lawsuit.  In any event, modification of injurious behaviour constitutes one the main objectives of collective action.