Executive Summary: Key Legal and Evidentiary Issues

• The Superior Court considered whether to suspend proceedings in a Quebec class action pending resolution of a related settlement process in Ontario.
   
• Article 156 C.p.c. permits a temporary stay where an application is conservatory in nature and amicable settlement appears likely.
   
• Counsel for the plaintiff had taken steps to ensure Quebec group members would benefit from the Ontario settlement.
   
• Group members' interests were found to justify suspending the Quebec proceeding until the Ontario approval hearing is resolved.
   
• No party was ordered to pay legal costs as part of this order.
   
• Plaintiff's counsel must report to the Court on the outcome of the October 13, 2026 Ontario hearing.
   

Facts of the case

9356-6677 Québec inc. brought a class action in the Quebec Superior Court against Aviva Insurance Company of Canada, Everest Insurance Company of Canada, Sovereign Insurance (La Souveraine compagnie d'assurance générale), and HDI Global Specialty SE. A related class action covering the same group members was commenced in Ontario, and a settlement in that Ontario proceeding was reached. An approval hearing for the Ontario settlement was scheduled for October 13, 2026. Counsel for the plaintiff took steps to ensure that the Quebec group members, who are covered by the Ontario settlement, would be able to benefit from it. On this basis, the plaintiff applied to the Quebec Superior Court to suspend the Quebec proceeding pending the outcome of the Ontario approval process.

Policy and legislative provisions at issue

The application turned on article 156 of the Code of Civil Procedure, which allows a court to suspend a proceeding for a period it determines where the applicant shows that the application is conservatory in nature, that the matter is likely to be settled amicably, and that continuing to prepare the file for trial would be unnecessary or disproportionate in the circumstances. The provision also requires the court to be satisfied of the seriousness of the settlement efforts underway before granting a stay.

Reasoning and analysis

Justice Dominique Poulin found that the criteria under article 156 C.p.c. were met. The pending Ontario settlement approval hearing, combined with the steps already taken by plaintiff's counsel to secure the benefit of that settlement for the Quebec group members, supported a conservatory suspension rather than continued litigation. The Court held that, at this stage, the interest of the group members justified pausing the Quebec proceeding to await developments in the Ontario approval process rather than expending resources on trial preparation that could prove unnecessary if the settlement is approved.

Ruling and overall outcome

The Court granted the plaintiff's application and ordered the temporary suspension of the Quebec proceeding. It directed plaintiff's counsel to report back to the Court on the outcome of the October 13, 2026 hearing before the Ontario Superior Court as soon as judgment is rendered there. The order was issued without legal costs to either side. No monetary award, damages, or costs were granted or ordered against any party — the judgment is limited to procedural relief, and the plaintiff was the successful party solely in obtaining the stay.