| Declinatory exceptions do not tend to defeat the demand, but only to decline the jurisdiction of the judge before whom it is brought. |
| Motion for declinatory exception pertaining to a petition from trustee in bankruptcy for reimbursement of dividends. |
| That case, like the present one, involved a declinatory exception by the respondent State when it was sued for fees for legal services and for an accounting. |
| Based on the court's reasoning in Société Asbestos, the Court of Appeal chose to dispose of the motions for declinatory exception ratione materiae in Charest before ruling on the authorization. |
| For these reasons, the court ruled in Société Asbestos that it is not premature to raise a motion for declinatory exception ratione materiae before the authorization to institute a class action has been ruled upon. |
| As a result, Quebec courts must now find on motions for declinatory exception ratione materiae before handing down a judgment authorizing the institution of a class action. |
