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Laguerre v. Lactalis Canada inc.

Executive Summary: Key Legal and Evidentiary Issues

  • Scope of the proposed class action on behalf of Quebec consumers who purchased Président dairy products marketed as “France’s #1 Butter”.
  • Allegations of false or misleading representation, focusing on claims that the butter was presented as France’s top product despite being manufactured in Canada and differing in content from the French version.
  • Procedural management of a proposed class action, including repeated temporary stays to allow settlement discussions to proceed.
  • Consideration of the interests of putative class members and the broader interests of justice when deciding whether to suspend authorization proceedings.
  • Application of civil procedure principles, particularly proportionality and the good administration of justice, to justify extending a stay agreed to by both parties.
  • Absence of any adjudication on the merits or evidentiary findings at this stage, as the judgment is limited to extending a consensual temporary stay without costs.

Facts of the case

Stephane Laguerre, the Applicant, initiated a proposed class action in the Superior Court of Québec against Lactalis Canada Inc., the Respondent. The proceeding is brought on behalf of a putative class defined as all persons residing in Quebec who purchased Président dairy products (“Président Dairy Product(s)”) or any other group to be determined by the Court. The central allegation is that these Président dairy products were falsely and prominently marketed and sold as being “France’s #1 Butter.” According to the Applicant, this representation is misleading because the products sold in Quebec are actually manufactured in Canada and are materially different in content from those sold in France. This distinction between the Canadian-manufactured products and their French counterparts underpins the Applicant’s claim that consumers were misled regarding origin, quality, and equivalence. The Respondent contests these allegations and does not admit any wrongdoing or misrepresentation. At the stage of this judgment, however, the Court does not decide the truth or falsity of the advertising claims; it simply records that these are the Applicant’s allegations and that they are disputed.

Procedural history and settlement context

The case began in earnest on July 18, 2025, when the Applicant filed an Application to Authorize the Bringing of a Class Action and to be appointed as the representative plaintiff. That application marked the official start of the authorization phase, which in Quebec is a mandatory gateway before a class action can proceed on the merits. Shortly afterwards, the procedural focus shifted from active litigation to settlement exploration. On August 4, 2025, the Applicant filed an Application for a Temporary Stay of the proceedings. The purpose of this stay was to pause the progress of the authorization application in order to permit the parties to engage meaningfully in settlement discussions without simultaneously litigating the authorization issues. On August 13, 2025, the Court granted this first temporary stay for three months. As discussions continued, the parties sought and obtained a second temporary stay on November 11, 2025, again for a further three-month period. By the time of the present judgment dated February 18, 2026, the parties had advanced their negotiations to the point of reaching a settlement in principle. However, they still required additional time to draft, finalize, and execute the formal settlement agreement and to take whatever procedural steps might be necessary to present any settlement to the Court in due course.

Issues before the court on this motion

The judgment at issue does not address the merits of the alleged misleading advertising or the evidentiary foundation for the class action. Instead, it addresses a discrete procedural question: whether the Court should grant a third temporary stay of the authorization proceedings for a further three months. The specific issues before the Court include whether such a stay is appropriate given: (1) the prior stays already granted, (2) the parties’ representation that a settlement in principle has been reached, (3) the interests of the putative class members, and (4) the overarching principles of civil procedure, especially proportionality and the good administration of justice. Because both parties support the request and the Respondent formally consents, the Court is not confronted with an adversarial contest over the stay itself. Instead, it must assess whether the requested extension is compatible with the protection of the putative class and the efficient management of the Court’s docket.

The court’s reasoning

In deciding whether to grant a further stay, the Court explicitly refers to the interests of the putative class members and the interests of justice. It also anchors its analysis in the principles of civil procedure, emphasizing proportionality and the good administration of justice. Proportionality in this context involves assessing whether suspending the authorization application is a measured and reasonable step that facilitates an efficient and fair resolution, rather than forcing the parties to litigate authorization issues in parallel with settlement negotiations. The fact that the parties have already reached a settlement in principle is an important practical consideration: a stay allows them to concentrate on finalizing documentation and any approval process rather than diverting resources to contested authorization hearings. The Court also considers that the Respondent supports the application and consents to the judgment, which removes the risk that a stay is being imposed to the detriment of one side’s procedural rights. For putative class members, a carefully managed stay can serve their interests if it realistically advances prospects for a timely and fair settlement without unnecessary procedural costs. Against this backdrop, the Court concludes that the proposed stay aligns with the principles of proportionality and good administration of justice.

Ruling and outcome

The Court grants the Application to Extend the Temporary Stay of the Class Action. In practical terms, it orders that the Application to Authorize the Bringing of a Class Action and to appoint the Applicant as representative plaintiff be suspended for an additional period of three months from the date of the judgment. This preserves the status quo while the parties complete the steps required to finalize and execute their settlement agreement. The Court also specifies that the order is made “without legal costs,” meaning no party is ordered to pay costs to the other for this motion. There is no determination of liability, no approval of any settlement, and no adjudication on the underlying claims of misleading marketing or consumer harm at this stage. No insurance policy terms or contractual clauses are discussed or interpreted in the judgment. Consequently, although the Applicant is procedurally successful on this motion—having obtained the requested extension with the Respondent’s consent—there is no monetary award, damages, or costs granted in favor of any party. The total amount ordered in favor of the successful party is therefore nil, as no compensatory, punitive, or costs-related sums are awarded or can be determined from this decision.

Stéphane Laguerre
Law Firm / Organization
Actis Law Group inc.
Lawyer(s)

Andrea Grass

Lactalis Canada Inc.
Quebec Superior Court
500-06-001322-243
Class actions
Not specified/Unspecified
Applicant