News

Mar 2021

MACBOOK BUTTERFLY KEYBOARD CLASS ACTION SETTLEMENT

 QUÉBEC CLASS ACTION SETTLEMENT

 NOTICE OF COURT ORDER APPROVING THE SETTLEMENT AND CLASS COUNSEL FEES

(Short Form)

 SIMARD V. APPLE CANADA INC. ET AL. CLASS ACTION

(Court File N°: 500-06-001140-215)

 

 

This notice is to: 

  1. Everyone in Québec who purchased/owns/owned; and
  2. Everyone who purchased in Québec

A MacBook laptop sold between 2015 and 2019
equipped with a “Butterfly” keyboard.

 

PLEASE READ THIS NOTICE CAREFULLY.

THIS CLASS ACTION HAS BEEN SETTLED AND APPROVED BY THE COURT.

 

WHAT THE ACTION IS ABOUT

If you purchased (other than for resale) a MacBook laptop sold between 2015 and 2019 equipped with a “Butterfly” keyboard (“Computer”) in Québec, or if you live in Québec and purchased or own (other than for resale) such a Computer, this is a notice of the settlement of a class action concerning your Computer. *See full list of Class Computers at the end of this notice.

The settlement has been approved by the Superior Court of Québec and requires Apple Canada Inc. and Apple Inc. (collectively, “Apple”) to compensate affected clients (the “Class Members”). The settlement is not an admission of liability, wrongdoing or fault.

HOW TO RECEIVE YOUR SHARE OF THE SETTLEMENT FUNDS

Group 1

Group 1 is comprised of Class Members who, within four years of purchasing a Computer, obtained two or more Topcase Replacements based on Apple’s records.  If you are a Group 1 Class Member, you will receive a separate notice by email confirming that you are a Group 1 Class Member and you will receive a payment of up to $545.00 CAD per Computer. This amount will be sent directly to you by electronic fund transfer at the last known email address that Apple has on record for you.  Group 1 Class Members may receive compensation only once per Computer, but may receive additional payments in the event that they purchased multiple Computers that qualify for payment.

 

Group 2 or 3

If you are not a Group 1 Class Member, you may be a Group 2 or Group 3 Class Member.

Group 2 Class Members received a single Topcase Replacement that did not resolve their keyboard issues. Group 3 Class Members received one or more Keycap Replacements that did not resolve their keyboard issues.

If you are a Group 2 or Group 3 Class Member, you must complete and submit a Claim Form by
June 30, 2024, provide the evidence requested in order for this claim to be valid, and attest on the Claim Form that the repair did not resolve your keyboard issues. Claims may be submitted online at www.laptopkeyboardclassaction.com or mailed to the address on the form.

 

Under the terms of the Settlement, eligible Group 2 Class Members will receive a payment of up to $173.00 CAD per Computer, and eligible Group 3 Class Members will receive a payment of up to $69.00 CAD per Computer.

Group 2 or Group 3 Class Members can receive compensation only once per Computer, but they may make additional claims in the event they purchased multiple Computers that qualify for payment.

 

MORE INFORMATION

Copies of the detailed notices to Class Members, as well as a copy of the Settlement Agreement and/or the other relevant Judgments and proceedings, can be found on the Claims Administrator’s Settlement Website at: www.laptopkeyboardclassaction.com.

For more information, please contact the Claims Administrator as below:

Laptop Keyboard Class Action Administrator

P.O. Box 3355

London, Ontario, N6A 4K3

1-866-573-1796

www.laptopkeyboardclassaction.com

 

The attorneys representing the Class (“Class Counsel”) are the firm of Lex Group Inc. (c/o Mtre. David Assor), which can be contacted at [email protected].

 

THE PUBLICATION OF THIS NOTICE TO CLASS MEMBERS

HAS BEEN APPROVED AND ORDERED BY THE SUPERIOR COURT OF QUÉBEC.

 

*Computer means any of the following Apple computer models:

 

  • MacBook (Retina, 12-inch, Early 2015)
  • MacBook (Retina, 12-inch, Early 2016)
  • MacBook (Retina, 12-inch, 2017)
  • MacBook Air (Retina, 13-inch, 2018)
  • MacBook Air (Retina, 13-inch, 2019)
  • MacBook Pro (13-inch, 2016, Two Thunderbolt 3 Ports)
  • MacBook Pro (13-inch, 2017, Two Thunderbolt 3 Ports)
  • MacBook Pro (13-inch, 2019, Two Thunderbolt 3 Ports)
  • MacBook Pro (13-inch, 2016, Four Thunderbolt 3 Ports)
  • MacBook Pro (13-inch, 2017, Four Thunderbolt 3 Ports)
  • MacBook Pro (15-inch, 2016)
  • MacBook Pro (15-inch, 2017)
  • MacBook Pro (13-inch, 2018, Four Thunderbolt 3 Ports)
  • MacBook Pro (15-inch, 2018)
  • MacBook Pro (13-inch, 2019, Four Thunderbolt 3 Ports)
  • MacBook Pro (15-inch, 2019)

__________________________________________________________________________

 

MACBOOK BUTTERFLY KEYBOARD CLASS ACTION SETTLEMENT QUEBEC CLASS ACTION SETTLEMENT

On November 23, 2023, the Superior Court of Quebec approved the settlement in this file.

The Judgment is available on this page.

______________________________________________________________________

 

MACBOOK BUTTERFLY KEYBOARD CLASS ACTION SETTLEMENT QUEBEC CLASS ACTION SETTLEMENT

 

NOTICE OF HEARING FOR SETTLEMENT APPROVAL AND OPT-OUT

SIMARD V. APPLE CANADA INC. ET AL. CLASS ACTION

(Court File N°: 500-06-001140-215)

 

If you live in Quebec and purchased, own, or owned a MacBook laptop sold between 2015 and 2019 equipped with a “Butterfly” keyboard (“Computer”*),

-or-

If you live elsewhere but purchased such a Computer in Quebec,

this class action settlement notice affects your rights.

 

SUMMARY OF THE PROPOSED CLASS ACTION

Representative Plaintiff alleges that the “butterfly” keyboard mechanism in certain MacBook laptops is defective and is seeking authorization of a class action against Apple Canada Inc. and Apple Inc. (collectively “Apple”), on behalf of persons in Quebec who purchased, own or owned a MacBook laptop sold between 2015 and 2019 equipped with a “butterfly” keyboard. *See full list of class Computers at the end of this notice. Apple denies all of the allegations made in the Class Action, denies that any MacBooks are defective, and denies that Apple did anything improper or unlawful.

 

PROPOSED SETTLEMENT

The proposed settlement, if approved by the Superior Court of Québec, requires Apple to compensate affected Class Members. The settlement is not an admission of liability, wrongdoing or fault.

If the proposed settlement is approved, the following Class Members can receive compensation:

Group 1 Class Members who received at least two Topcase Replacements (i.e., the replacement of the full keyboard module) will be paid $545 CAD per Computer.

Group 2 Class Members who received a single Topcase Replacement that did not resolve their keyboard issues can submit a Claim Form to receive $173 CAD per Computer.

Group 3 Class Members who received one of more Keycap Replacements (i.e., the replacement of one or more keycaps on a keyboard and does not involve replacement of the full keyboard module)that did not resolve their keyboard issues can submit a Claim Form to receive $69 CAD per Computer.

For full details and conditions, please consult the Long Form Notice, available on this page.

 

SETTLEMENT APPROVAL HEARING

A hearing before the Superior Court of Québec will be held on October 31, 2023 at 9:30 a.m., at the Montréal courthouse located at 1 Notre-Dame East Street, Montréal, Québec, in room 15.08, or via a TEAMS link. This date may be subject to adjournment by the Court without further publication of notice to the Class Members, other than such notice which will be posted on Class Counsel’s website www.lexgroup.ca or on the Claim’s Administrator’s website: laptopkeyboardclassaction.com.

 

HOW TO EXCLUDE YOURSELF?

If you wish to remain a Class Member, you have nothing to do and nothing to pay.

If you wish to opt out, you have until October 23, 2023 to advise in writing the registry of the Superior Court of Québec, District of Montréal, at 1 Notre Dame Street East, Room 1.120, Montreal, Québec, H2Y 1B6, that you wish to opt out. Please make sure to mention file no. 500-06-001140-215 in your correspondence.

 

HOW TO OBJECT?

If you wish, you have the right to comment on or object to the settlement (certain Court-ordered requirements and deadlines apply and are detailed in the Long Form Notice, available on this page.

Class Members who do not oppose the proposed Settlement Agreement have nothing to pay and do not need to appear at any hearing or take any other action to indicate their desire to support the proposed Settlement Agreement.

If the settlement is approved, another notice to Class Members will be sent explaining the method of distributing settlement funds.

 

MORE INFORMATION

For more information about the proposed settlement or to read the Long Form Notice, the Settlement Agreement and/or the other relevant Judgments or proceedings, visit the Settlement Website at laptopkeyboardclassaction.com or contact the Claims Administrator:

 

RicePoint Administration Inc.

P.O. Box 3355

London, Ontario, N6A 4K3 1-866-573-1796 laptopkeyboardclassaction.com

 

 

*Computer means any of the following Apple computer models:

MacBook (Retina, 12-inch, Early 2015)

MacBook (Retina, 12-inch, Early 2016)

MacBook (Retina, 12-inch, 2017)

MacBook Air (Retina, 13-inch, 2018)

MacBook Air (Retina, 13-inch, 2019)

MacBook Pro (13-inch, 2016, Two Thunderbolt 3 Ports)

MacBook Pro (13-inch, 2017, Two Thunderbolt 3 Ports)

MacBook Pro (13-inch, 2019, Two Thunderbolt 3 Ports)

MacBook Pro (13-inch, 2016, Four Thunderbolt 3 Ports)

MacBook Pro (13-inch, 2017, Four Thunderbolt 3 Ports)

MacBook Pro (15-inch, 2016)

MacBook Pro (15-inch, 2017)

MacBook Pro (13-inch, 2018, Four Thunderbolt 3 Ports)

MacBook Pro (15-inch, 2018)

MacBook Pro (13-inch, 2019, Four Thunderbolt 3 Ports)

MacBook Pro (15-inch, 2019)

___________________________________________________________________________

LEX GROUP Inc. has launched a national class action against Apple Canada Inc. and Apple, Inc. (collectively “Apple”), on behalf of all persons in Canada who purchase or own a MacBook Laptop equipped with the Butterfly Keyboard (hereinafter the “MacBook Laptops”) including but not limited to following models:

  • Early 2015 MacBook
  • Early 2016 MacBook
  • 2016 MacBook Pros
  • 2017 MacBook and MacBook Pros
  • 2018 MacBook Pros and MacBook Air
  • 2019 MacBook Pros and MacBook Air

The class action alleges that the MacBook Laptops were affected by a design/manufacturing defect which permits minute amounts of dust and debris to accumulate under or around the keys, and ultimately causing the keys to stick, the keyboard to fail to register properly and/or the keyboard to register three or more times the keystrokes required by the user.

It is further alleged that Apple failed to properly repair and/or replace the defective keyboard and/or to reimburse owners for out-of-pocket repair costs incurred in an attempt to solve said issue, including the cost to replace the MacBook Laptop’s keyboard or the entire computer.

Accordingly, if you reside in Canada and have purchase and/or own or owned one of the above-listed MacBook Laptops, you may be part of the proposed Canadian Class defined by the class action initiated by our office.  Should you be defined as a member of the class, you may be entitled to compensation should the Court authorize the class action and ultimately grant the class action on the merits, or should a settlement be reached (and approved by the Court).

If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.

Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.

By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members.

Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.

Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial application for authorization to institute a class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.

Mar 2021

Settlement of XEBEC ADSORPTION INC. Securities Class Action

November 27, 2023 – The Superior Court of Québec has approved a settlement of the class action proceedings against Xebec Adsorption Inc. (“Xebec”), Kurt Sorschak, Stéphane Archambault, Louis Dufour, William Beckett, Guy Saint Jacques, Desjardins Securities Inc., National Bank Financial Inc., Canaccord Genuity Group Inc., Raymond James Ltd., Beacon Securities Limited, TD Securities Inc., and Stifel Nicolaus Canada Inc.

Your legal rights are affected even if you do nothing. Please read this notice carefully.

The class action was authorized on behalf of all persons and entities, wherever they may reside or may be domiciled, who purchased or otherwise acquired securities of Xebec by any means (whether pursuant to a primary market offering, in the secondary market or otherwise) during the period from November 10, 2019, to March 24, 2021, inclusively, and held some or all of such securities as of the close of trading on the TSX on March 11, 2021 or March 24, 2021, other than the “Excluded Persons”.

Excluded Persons means:

  • Xebec;
  • the Underwriter Defendants and their respective past or present subsidiaries, directors, officers, legal representatives, predecessors, successors and assigns;
  • the Individual Defendants, members of their immediate families and any entity in which the Individual Defendants hold a controlling interest; and
  • SDI, Oost NL and the Trust Foundation, as those entities are defined in the Share Purchase Agreement dated December 8, 2020 with Xebec Europe B.V.

 Under the settlement, Xebec will cause to be paid CAD $5,000,000. The Defendants deny any wrongdoing or liability on their part and the Court has not made any findings of wrongdoing or liability in respect of the Defendants.

 

Your Legal Rights and Options in This Settlement:

You have two options:

  1. Submit a Claim Form:

Fill out a Claim Form online and submit it with supporting documentation by the deadline to apply for compensation. The deadline for Claim Form submission is April 30, 2024.

  1. Do Nothing:

Give up any right to compensation.

 

To make a claim for compensation, you must complete a Claim Form online and submit it along with documentation confirming your acquisition of Xebec’s securities. The Claim Form is available at: http://xebecsecuritiessettlement.com/. You must submit your Claim Form and documentation using this website by April 30, 2024 to be able to receive compensation.

 

Further information can be found in the Settlement Agreement, Court-approved Plan of Allocation, and other relevant documents, which are available at: https://knd.law/class-actions/xebec-adsorption-inc/ and on this page. You can send your questions by email to [email protected] or by fax to (416) 352-7638.

 

The lawyers for the Plaintiff and the Class in this class action are KND Complex Litigation and Lex Group Inc.

 

 

___________________________________________________________________

 

 

Authorization and Hearing to Approve Proposed Settlement of XEBEC ADSORPTION INC. Securities Class Action

June 30, 2023 – This notice relates to a proposed class action commenced against FormerXBC Inc., formerly Xebec Adsorption Inc. (“Xebec”), Kurt Sorschak, Stéphane Archambault, Louis Dufour, William Beckett, Guy Saint Jacques, Desjardins Securities Inc., National Bank Financial Inc., Canaccord Genuity Group Inc., Raymond James Ltd., Beacon Securities Limited, TD Securities Inc., and Stifel Nicolaus Canada Inc.

The representative Plaintiffs and Xebec have reached a proposed settlement of the claim which is subject to approval by the Superior Court of Québec (the “Court”).

The class action has now been authorized for settlement purposes only. This notice provides information about this proposed settlement and related matters and how you can exclude yourself (“opt-out”) out of the class action.

Your legal rights are affected even if you do nothing. Please read this notice carefully.

The class action was authorized on behalf of all persons and entities, wherever they may reside or may be domiciled, who purchased securities of Xebec pursuant to a prospectus, in the secondary market, through a private placement, or who acquired the securities of Xebec in exchange for shares of HyGear Technology and Services B.V.,, during the period from November 10, 2019, to March 24, 2021, inclusively, (the “Class Period”) and held some or all of such securities as of the close of trading on the TSX on March 11, 2021 or March 24, 2021, other than the “Excluded Persons”.

Excluded Persons means:

  • Xebec;
  • the Underwriter Defendants and their respective past or present subsidiaries, directors, officers, legal representatives, predecessors, successors and assigns;
  • the Individual Defendants, members of their immediate families and any entity in which the Individual Defendants hold a controlling interest; and
  • SDI, Oost NL and the Trust Foundation, as those entities are defined in the Share Purchase Agreement dated December 8, 2020 with Xebec Europe B.V.

The proposed Settlement Amount is CAD $5,000,000 (“Settlement Fund”) including Class Counsel’s fees, applicable taxes and expenses, and interest. The Defendants deny any wrongdoing or liability. The settlement does not constitute an admission of wrongdoing or liability by Xebec or any Defendant. By agreeing to the proposed settlement, the parties avoid the costs and uncertainty of a trial and delays in obtaining judgment.

What Could I Get From This Action

What you can recover from the Settlement Fund is a function of two variables: (1) The size of your Recognized Claim; and (2) How many other Claimants make claims for a portion of the net Settlement Fund as all recognized claims will be distributed pro rata if there are insufficient funds available to pay all claims. Note however that the Settlement Fund will first be reduced by legal fees, notice costs, and administration expenses and there will therefore not be $5,000,000 available for distribution.

What is a recognized Claim

In order to be eligible to make a claim you have to have purchases or acquired Xebec Shares during the Class Period and held the Xebec Shares until specific times. The exact time periods relevant to make Recognized Claims are set out below and set out in more detail in the Plan of Allocation available here.

The size of your Recognized Claim depends on 2 factors: (1) The size of your loss measured by the formula in the Plan of Allocation set out here; and (2) your Risk Adjustment factor.

Risk Adjustment Factor

Not all persons who acquired Xebec Shares in the Class Period have claims of the same strength. For example, persons who acquired Xebec Shares in the secondary market (like the TSX) or because they were HyGear shareholders, do not have the same claims as persons who purchased pursuant to a Prospectus. The Plan of Allocation, which still must be approved by the Court, creates a Risk Adjustment factor as set out below, such that each Claimant’s loss as calculated in the Plan of Allocation will be adjusted or reduced to arrive at the Recognized Claim amount. A chart of the relevant Risk Adjustments is set out below.

 

Type of Claimant Risk Adjustment Factor
Bought in Secondary Market:

(i.e., bought Xebec shares on a stock exchange between November 10, 2019 – March 24 2021)

35%
Bought Pursuant to a Prospectus:

(i.e., bought Xebec Subscription Receipts pursuant to the Final Short Form Prospectus dated December 21, 2020)

50%
Bought in a Private Placement:

(i.e., bought Xebec Subscription Receipts in the private placement carried out in December 2020)

10%
HyGear Investors:

(i.e., received Xebec shares in exchange for shares of HyGear Technology and Services B.V.)

35%

 

What is the effect of the Risk Adjustment

The Risk Adjustment reduces a claim such that the Recognized Claim is the percentage of the claim set out above. For example, a Claimant that would have a claim for $100 and is subject to a Risk Adjustment of 35% has a Recognized Claim for $35. A Claimant with the same claim for $100 who has a Risk Adjustment of 50% has a Recognized Claim for $50.

If there is not enough money to pay all the Recognized Claims in full, the claims will be paid pro rata.

If you do not wish to be bound by the class action and participate in the settlement, you must opt-out of the class action. A copy of the opt-out form is available at:

https://knd.law/class-actions/xebec-adsorption-inc/ and on this page.

The Court is required to decide whether to approve the proposed settlement, Class Counsel Fee request of 30% of the Settlement Amount plus disbursements and tax, and a plan to allocate and distribute the Settlement Amount. The Court will hear submissions about the approval of the proposed settlement on September 29, 2023 at 9:30 AM ET, in room 16.04 of the Montreal Courthouse (located at 1 Notre-Dame Street East, Montreal, Quebec, Canada, H2Y 1B5). Payments will only be made available if the Court approves the proposed settlement, after any appeals, and after a claims process is concluded.

Your Legal Rights and Options:

  1. Stay in the Class Action and Do Nothing: You do not have to do anything to stay in the class action. If you stay in the class action and the settlement is approved, you will be bound by the terms of the settlement, you will give up your right to sue the Defendants on your own, and you will not be permitted to bring other legal proceedings in relation to the matters alleged in the action against the Defendants, or any person released by the approved settlement.
  1. Stay in the Class Action and Object or Comment on the Proposed Settlement: If you want to object to or comment on the proposed settlement, you must submit an objection or comment stating your name, when and how many shares of Xebec you acquired, and your comment or the reason for your objection. You must submit your objection or comment by email to [email protected] or fax at (416) 352-7638 by September 8, 2023 at 11:59 PM ET for it to be valid. If the settlement is approved despite your objection or comment, you will still be bound by the terms of the settlement, you will give up your right to sue the Defendants on your own, and you will not be permitted to bring other legal proceedings in relation to the matters alleged in the action against the Defendants, or any person released by the approved settlement. 
  1. Opt-out of the Class Action: You can exclude yourself from the class action and the proposed settlement by filling out an opt-out form available at: https://knd.law/class-actions/xebec-adsorption-inc/. You must submit your opt-out form by email to [email protected] or fax at (416) 352-7638 by August 31, 2023 at 11:59 PM ET for it to be valid.

 

What should I do

These rights and options and the deadlines to exercise them and further information about the proposed settlement are explained in a more detailed notice available at: https://knd.law/class-actions/xebec-adsorption-inc/ and  on this page.

More details may also be found in the Settlement Agreement. You can obtain a copy of the Settlement Agreement at https://knd.law/class-actions/xebec-adsorption-inc/ or on this page. You can send your questions by email to [email protected] or [email protected] or by fax to (416) 352-7638 or (514) 940-1605.

The lawyers for the Plaintiffs and the Class in this class action are KND Complex Litigation and Lex Group Inc.

_________________________________________________________________________

LEX GROUP Inc. announces that it has filed a lawsuit against XEBEC ADSORPTION INC. (hereinafter “Xebec) and certain of its current and former directors and officers, on behalf of all persons all persons and entities, wherever they may reside or may be domiciled, who purchased or otherwise acquired Xebec’s securities between November 10, 2020 and March 11, 2021 inclusively (hereinafter the “Class Period”) and held some or all of such securities as of the close of trading on the TSX on March 11, 2021.

The proposed class action alleges that Xebec and the individual respondents made misrepresentations by overstating Xebec’s revenue and made false representations regarding its revenue accounting practices, and the fact that Xebec maintained proper internal controls to ensure that its financial statements were reliable and free of material misstatements.

Accordingly, if you acquired Xebec securities during the Class Period you may be part of the proposed class defined by the class action initiated by our office. Should you be defined as a member of the Class, you may be entitled to compensation should the Court authorize and ultimately grant the class action on the merits, or should a settlement be reached (and approved by the Court).

Dec 2020

LEX GROUP Inc. has teamed up with the law firm of Financial Litigation to launch a  class action lawsuit against Turquoise Hill Resources Ltd. (hereinafter “Turquoise Hill” or the “Company” or “TRQ”) and certain of its current and former directors and officers, on behalf of all persons and entities wherever they may reside or may be domiciled who during the period of time from July 31, 2018 to July 31, 2019 inclusively (hereinafter the “Class Period”) purchased Turquoise Hill’ securities in the secondary market and held some or all of those securities until after July 15, 2019 and or July 31, 2019, and who either:

 

(1) are or were residents of Canada (regardless over which exchange they acquired Turquoise Hill’s securities); or

(2) acquired Turquoise Hill’s securities in the secondary market in Canada or elsewhere other than in the United States.

 

The proposed class action alleges that Turquoise Hill and the individual respondents made misrepresentations and omissions of material facts and failed to make timely disclosure of material changes with regards to the expected cost and timing for the underground expansion of Turquoise Hill’s Oyu Tolgoi Mine located in Mongolia. Specifically, the proposed class action alleges that Turquoise Hill and the individual respondents knew or should have known that the underground expansion of the Oyu Tolgoi mine would cost over a billion dollars more and take years longer than the Company was representing to investors, because among other reasons, whistleblowers had expressly told Turquoise Hill’s controlling shareholder about the cost overruns and delays.

Accordingly, if you acquired Turquoise Hills securities during the Class Period in Canada or anywhere other than in the United States, or if you are a Canadian resident who acquired Turquoise Hill’s securities in the United States, you may be part of the proposed class defined by the class action initiated by our office and Financial Litigation. Should you be defined as a member of the Class, you may be entitled to compensation should the Court authorize and ultimately grant the class action on the merits, or should a settlement be reached (and approved by the Court).

Please fill out the form below if you wish to be kept informed of the progress of this case.

If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. or Financial Litigation (or any of their attorneys).  You will not be charged any fees or costs for signing up to this class action since our firms are only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.

Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.

By signing up to this class action, you are merely asking our firms to include you in our list of potential members in this class action, but our firm are not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members.

Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.

Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial application for authorization to institute a class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.

Nov 2020

BE ADVISED THAT ON MARCH 25, 2022, THE SUPERIOR COURT OF QUEBEC ORDERED THE SUSPENSION OF THE PRESENT QUEBEC CLASS ACTION FILE, WHILE A SIMILAR NATIONAL CLASS ACTION PROCEEDS IN THE PROVINCE OF BRITISH COLUMBIA. A COPY OF THE SUSPENSION JUDGMENT IS AVAILABLE ON THIS PAGE.

______________________________________________________________________

 

LEX GROUP Inc. has launched a Quebec class action lawsuit against FCA CANADA INC. and FCA US LLC (hereinafter collectively “FCA”), on behalf of all persons in Quebec who own, owned, lease and/or leased a:

  • 2014 to 2019 Dodge Ram 1500;
  • 2014 to 2019 Dodge Ram 1500 Classic vehicle; or
  • 2014 to 2019 Jeep Grand Cherokee (the inclusion of these vehicles still requires the Court’s permission);

equipped with a 3.0 litre EcoDiesel engine containing exhaust gas recirculation coolers, designed, manufactured, assembled, tested, marketed, advertised, distributed, leased and/or sold by the FCA (hereinafter collectively the “Affected Class Vehicles”).

The proposed class action alleges that FCA marketed, promoted, distributed, leased and sold the Affected Class Vehicles to Class Members, which were defectively designed and manufactured, namely with defective exhaust gas recirculation coolers (“EGR Cooler(s)”) and related parts which are prone to overheating, leak evaporated coolant liquid or fuel, stall and/or in certain circumstances catch fire.  The alleged defects in question affect various parts and components of the engine and EGR cooler system of the Affected Class Vehicles.

It is believed that FCA knew since at least 2014 that the EGR coolers tended to crack, and engine fires had occurred, but FCA did not open an investigation until May 2019, and did not issue a recall until October 2019.

Accordingly, if you reside in Quebec and have purchased and/or leased and/or own a 2014 to 2019 Dodge Ram 1500, a 2014 to 2019 Dodge Ram1500 Classic vehicle, or a 2014 to 2019 Jeep Grand Cherokee, equipped with a 3.0 litre EcoDiesel engine, then you may be part of the proposed Class defined by the class action initiated by our office.  Should you be defined as a member of the class, you may be entitled to compensation should the Court authorize and ultimately grant the class action on the merits, or should a settlement be reached (and approved by the Court).

Please fill out the form below if you wish to be kept informed of the progress of this case.

If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.

Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.

By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members.

Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.

Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial application for authorization to institute a class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.

Jul 2020

A Quebec Class Action SETTLEMENT has been reached and approved by the Court, whereby ROGERS and FIDO have agreed, without admission of fault, to reimburse all the amounts of  international Picture or Video Messaging (MMS) fees collected from Class Members who had either a Rogers or Fido fixed-term wireless services contract in effect as of August 15, 2011 and who paid for international MMS fees during the term of that fixed-term contract.

For more information about this case, the settlement and/or for copies of the relevant notices, judgment(s) or documents, the settlement agreements, etc., click here.

Jun 2020

On August 3, 2022, the Superior Court of Quebec authorized a Quebec Data Breach Class Action against MGM Resorts International in this case.  The authorization judgment is available on this page.

_________________________________________________________________________

Lex Group Inc. has launched a national Canadian class action against MGM Resorts International regarding the data breach that involved the theft of the personal and/or financial information of approximately 10.6 million MGM Resorts International clients (guests), including clients in Canada. This data breach occurred on or before July 7, 2019 but was only publicly reported on by the media in February 2020.

MGM Resorts International is a Las Vegas (U.S.A.) based company primarily known for managing numerous resorts and hotels in Las Vegas but also in other locations of the United-States and around the world. MGM Resorts International informed a limited number of its clients affected by the data breach by email in August 2019 but sent notices to its Canadian clients only in June 2020.

The stolen information includes without limitation the MGM clients’ names, email addresses, postal address, telephone number and date of birth.

The data breach involves clients having stayed at one of MGM Resorts’ hotels, including but not limited to the following locations:

  • MGM Grand (Las Vegas);
  • Aria (Las Vegas);
  • Bellagio (Las Vegas);
  • Circus Circus (Las Vegas);
  • Excalibur (Las Vegas);
  • Luxor (Las Vegas);
  • Mandalay Bay (Las Vegas);
  • The Mirage (Las Vegas);
  • New York-New York (Las Vegas);
  • Park MGM (Las Vegas);
  • Signature at MGM Grand (Las Vegas);
  • MGM Grand Detroit (Detroit, Michigan);
  • Beau Rivage (Biloxi, Mississippi);
  • Gold Strike Tunica (Tunica, Mississippi);
  • Borgata (Atlantic City, New Jersey);
  • MGM National Harbor (Prince George’s County, Maryland);
  • MGM Springfield (Springfield, Massachusetts).

Accordingly, if you have been a client of MGM Resorts International and if you reside in Canada, your personal information may have been stolen or compromised and you may be part of the proposed Class defined by the class action initiated by our office.

Should you be defined as a member of the class, you may be entitled to compensation should the Court authorize and grant the class action on the merits, or should a settlement be reached (and approved by the Court).

Please fill out the form below if you wish to be kept informed of the progress of this case.

If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.

Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.

By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action, but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members.

Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.

Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial application for authorization to institute a class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.

May 2020

Please note that the Superior Court of Quebec approved the Class Action Settlement in the present matter on October 26, 2023 (Judgment available on this page).

_____________________________________________________________________________

 

NOTICE OF AUTHORIZATION OF A CLASS ACTION AND OF AN UPCOMING SETTLEMENT APPROVAL HEARING ON OCTOBER 18, 2023

IF YOU PURCHASED A TICKET WHILE YOU WERE IN THE PROVINCE OF QUEBEC, ON THE WEBSITE OR MOBILE APPLICATION OF TICKETMASTER, BETWEEN MAY 12, 2017 AND MARCH 11, 2020, FOR AN EVENT TO TAKE PLACE ON OR AFTER MARCH 11, 2020, THAT WAS SUBSEQUENTLY POSTPONED, RESCHEDULED OR CANCELLED, WITHOUT RECEIVING A REFUND WITHIN 15 DAYS OF YOUR REQUEST FOR ONE, YOU ARE A MEMBER OF THIS AUTHORIZED CLASS ACTION AND THIS NOTICE CONCERNS YOU:

By judgment dated May 31, 2022, in case number 500-06-001066-204 of the Superior Court of Québec, the Court authorized the bringing of a class action seeking compensation on behalf of the following class of persons:

-All persons present on the territory of Québec at the time of purchase of a ticket (regardless of the location where the event is to take place) between May 12, 2017, and March 11, 2020, for an event to take place on March 11, 2020, or after this date, subsequently postponed, rescheduled or cancelled, without a full refund to said persons within 15 days of the request for refund. (the Class”)

Take note that the parties have reached a potential settlement and that accordingly, if the Settlement is approved by the Court, the Class will be redefined (amended) as follows and provide benefits to the following amended Settlement Class Members only:

-All persons who, during the Class Period, purchased one or more Tickets to an Event in the Province of Quebec using a billing address in the Province of Quebec, and who made a valid request for a refund after the Event was postponed or rescheduled. (the Settlement Class”)

“Event” means an event for which Ticketmaster was the authorized ticket agent, and for which Tickets were available for purchase during the Class Period, which event was to take place on or after March 11, 2020 and which was subsequently postponed or rescheduled. This definition does not include cancelled events for which the Tickets were automatically reimbursed.

“Class Period” means the time from May 12, 2017, to March 11, 2020, inclusive.

“Ticket” means any document or instrument that upon presentation gives the ticket holder a right of entry to a show, sporting event, cultural event, exhibition or any other kind of entertainment, and that was bought through either the www.ticketmaster.ca website or using one of the Defendants’ mobile applications.

The hearing on the proposed Settlement will take place in the Montreal Courthouse, at 1, rue Notre-Dame Est, on October 18, 2023, in room 17.09 at 9:30 am.  The log in information is the following:

 

17.09 Rejoindre la réunion Microsoft Teams

+1 581-319-2194   Canada, Québec (Numéro payant)

(833) 450-1741   Canada (Numéro gratuit)

ID de conférence : 991 211 186#

Numéros locaux | Réinitialiser le code confidentiel | En savoir plus sur Teams | Options de réunion

Rejoindre à l’aide d’un dispositif de vidéoconférence

[email protected] ID de la conférence VTC : 1185631255

Autres instructions relatives à la numérotation VTC

 

A member of the Class may seek authorization from the Court to intervene if the intervention is considered helpful to the Class. A member who intervenes is required to submit to a pre-trial examination at the request of the Defendants. A Class member who does not intervene may not be subject to a pre-trial examination unless the Court considers that it would be useful for its determination of the issues of law or fact to be dealt with collectively.

A member of the Class other than the Representative Plaintiff or an Intervenor may not be required to pay the legal costs arising from the class action.

Note: A Settlement Class Member participating in the proposed Settlement (if it is approved by the Court) will NOT be required to pay any costs or fees whatsoever.

 

OPTING OUT

If for any reason whatsoever, you do not wish to be bound by the Class Action or the proposed Settlement, you must take the following steps to opt out of the Class Action and the Settlement Class.

If you do nothing, you will remain a member of the Class or the Settlement Class, as the case may be. You will be eligible to receive benefits under the Settlement (if approved by the Court) and will be bound by any judgments in this Class Action. You will be able to object to the Settlement or comment on it. You will not have the right to take personal legal action against Ticketmaster or Live Nation relating to refunds of Tickets to Events, as defined above.

If you do not want to participate in the Class Action or the Settlement, you can opt out of the Class which also means that you are opting out of the Settlement Class to the extent you would be part of it. You may wish to opt out if, for example, you prefer to pursue your own legal action at your own expense against Ticketmaster or Live Nation.

If you opt out, you will not be entitled to any compensation pursuant to the Class Action or the Settlement. You will not be bound by the Class Action and you may be able to exercise any valid rights of action you may have against Ticketmaster or Live Nation individually and at your own expense (Strict legal prescription deadlines apply, and you should consult your own independent attorney in this regard). You will not be able to object to or comment on the proposed Settlement.

The date after which a member may no longer opt out without special permission is September 24, 2023.

Opt Out Forms received after September 24, 2023, will not be honoured and you will be bound by the Class Action (and the terms of the Settlement Agreement, including the Release provision, if approved by the Court).

A Class member or Settlement Class Member who wishes to opt out of the Class Action may do so before the expiration of the deadline to opt out by advising the Clerk of the Superior Court of Québec in the District of Montréal in writing, indicating the court number 500-06-001066-204 and case name (Patterson v. Ticketmaster):

Clerk of the Superior Court of Québec

PALAIS DE JUSTICE DE MONTRÉAL,

Room 1.120 1, rue Notre-Dame est

Montréal (Québec) H2Y 1B6

An Opt-Out Form is available on the Settlement Website: refundticketquebec.ca.

Any Class member or Settlement Class Member who has brought (prior to the expiration of the deadline to opt out) an action having the same subject matter as the Class Action is deemed to have opted out of the Class or Settlement Class if he or she does not discontinue that court action before the expiration of the deadline to opt out.

 

SETTLEMENT SUMMARY

You are a Settlement Class Member if, between May 12, 2017, and March 11, 2020, you purchased one or more Tickets to an Event in the Province of Quebec using a billing address in the Province of Quebec and made a valid request for a refund after the Event was postponed or rescheduled.

If you are a Settlement Class Member, you are automatically eligible to receive one Credit, as described below, and there is no action that you must take to receive it.

Each Settlement Class Member will receive an electronic Ticketmaster gift card with a single credit of fifteen Canadian dollars (CAD $15.00) (no matter how many tickets were purchased) (the Credit”). The Credit has no expiration date and is not convertible to cash. The Credit may be used towards the purchase of a ticket on the primary market using the Ticketmaster websites or mobile applications. Further terms and conditions are set out in the Settlement Agreement available at refundticketquebec.ca.

The Defendants also agreed to implement an Additional Refund Window: a new 30-day period during which purchasers who still hold their Tickets to any Events in Quebec which have not yet occurred and for which refunds are no longer available will be able to obtain a refund in exchange for cancellation of their Tickets. Class Members holding an eligible Ticket have already been informed of the Additional Refund Window by a separate email sent to the email address they used to purchase their tickets to that outstanding Event. Class Members who receive a refund through the Additional Refund Window will be considered Settlement Class Members and will be eligible to receive the Credit.

Each Settlement Class Member will provide a full and complete release of their claims against the Defendants. The Agreement does not constitute an admission of liability by the Defendants, who have agreed to settle only for the purpose of avoiding a trial and the additional costs and expenses related thereto.

The Settlement also provides that Class Counsel will seek Court approval of its Class Counsel Fees and expenses. These Class Counsel Fees will be paid by Defendants in addition to the Credit issued to Settlement Class Members. Therefore, Class Members will not be required to pay any portion of the Class Counsel Fees.

 

OBJECTING TO THE SETTLEMENT OR COMMENTING ON IT

You can advise the Court that you do not agree with this Settlement, if you have not opted out of the Class Action.

To present your objection to the Court or comment on the Settlement, you must deliver a document to Class Counsel at the address set out below at the latest on October 2, 2023. Your document must contain the following information:

1. The style of cause and docket number of the Class Action: Patterson v. Ticketmaster Canada Holdings ULC, et al. S.C.M. 500-06-001066-204;

2. Your full name and current address, telephone number and email address;

3. The e-mail address associated with your Ticketmaster account;

4. The grounds for your objection to the Settlement or the comments you wish to make about it.

5. The full name and current address, telephone number and email address of your attorney (if any);

6. Confirmation as to whether you intend to be present at the upcoming Settlement approval hearing.

You can object to or comment on the Settlement on the day of the hearing, even if you have not submitted the document described in paragraph 26 above before October 2, 2023.

You can object to the Settlement or comment on it without a lawyer. If you wish to be represented by a lawyer, you may hire one at your own expense.

If, despite your objection or comments, the Settlement is approved, you will still receive a credit if you are eligible. You cannot object to or comment on the Settlement if you opt out of the Class Action.

 

FOR MORE INFORMATION

For additional information and to access the text of the Settlement Agreement and its schedules, including the Opt-Out Form, please consult the internet site at the following link: Settlement Website.

This notice is only a summary of the judgment authorizing the Class Action, the complete text of which may be found on the Settlement Website here.

The Settlement Administrator which was appointed by the Court to provide additional information and assist Class Members is:

Velvet Payments Inc.

5900 Andover Avenue, Suite 1

Montreal (Québec) H4T 1H5

Telephone: 1-888-770-6892

Fax: 1-800-934-3320

Email: [email protected]

______________________________________________________________________________

Quebec Class Action Authorized

On May 31, 2022, the Superior Court of Quebec authorized the class action against:

  • Ticketmaster Canada Holdings ULC
  • Ticketmaster Canada ULC 
  • Ticketmaster Canada LP
  • Ticketmaster LLC 
  • Live Nation Canada Inc.
  • Live Nation Entertainment Inc.
  • Live Nation WorldWide Inc.

on behalf of:

All person present on the territory of Québec at the time of purchase of a ticket (regardless of the location where the event is to take place) between May 12, 2017 and March 11, 2020, for an event to take place on March 11, 2020 or after this date, subsequently postponed, rescheduled or cancelled, without a full refund to said persons within 15 days of the request for refund.

 

_______________________________________________________________

LEX GROUP Inc. has launched a national class action against:

  • Ticketmaster Canada Holdings ULC, Ticketmaster Canada ULCTicketmaster Canada LP and Ticketmaster LLC (collectively “Ticketmaster”) (also doing business under the name Réseauadmission),
  • Live Nation Canada Inc., Live Nation Entertainment Inc., Live Nation WorldWide Inc.

on behalf of all persons in Canada, who purchased before March 11, 2020 one or more tickets from one of the above-mentioned companies for an event scheduled to take place after March 11, 2020, which event was subsequently either postponed, rescheduled or cancelled, without a full refund being timely provided by the platform.

(Note: With the permission of the Court, the proceedings have been discontinued as against AXS Group Canada Inc.,  AXS Group LLC, Gametime United Inc., and TicketNetwork Inc. – see the judgments available on this Web page).

(Note: Separate proposed out of Court settlements are pending Court approval regarding StubHub Canada Ltd, StubHub Inc., Vivid Seats LLC, SeatGeek Inc., and Internet Referral Services LLC.  Please consult our separate webpages regarding these settlements).

Indeed, on March 11, 2020, the World Health Organization declared COVID-19 (corona virus) a pandemic.

It is alleged in the class action proceeding that on or after March 12, 2020, the above companies (Defendants), which operate very popular event ticket selling or re-selling websites, changed their refund policies regarding cancelled, postponed, or rescheduled events. For certain events or shows deemed as “cancelled”,  “postponed” or “rescheduled” after March 11, 2020, said Defendants refuse to reimburse within a reasonable delay the price paid within by their customers for the event tickets or other related services or products purchased (such as parking at the venue).  Some of these websites are imposing credits or coupons, instead of a refund.

Accordingly, if you live in Canada and you have purchased one or more event tickets from one the above-mentioned companies, on or before March 11, 2020, for event(s) deemed cancelled, postponed or rescheduled after March 11, 2020, without receiving a full refund in a reasonable delay, you may potentially be part of the proposed Class defined by the class action initiated by our office.

Should you be Member of the above Group, you may be entitled to compensation should the Court authorize and grant the class action on the merits, or should a settlement be reached (and approved by the Court).

Please retain copies of any and all documentation relevant to your claim, including photographs or screenshots of any requests you made for a reimbursement.

Please fill out the form below in order to be kept informed of the progress of this case.

If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.  Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.  By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members.

Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.

Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial motion to authorize the bringing of the class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.

Mar 2020

A national Canadian SETTLEMENT has been reached and approved by the Superior Court of Quebec in the Chrysler Finance (Daimlerchrysler Financial Services Canada Inc., also known as TD Auto Finance Services) Lost Data Tape Class Action.

For more information about this case, the settlement and/or for copies of the relevant notices, judgment(s) or documents, the settlement agreements, etc., click here or visit: https://www.chryslerfinanciallostdatatape.ca/

Nov 2019

On July 28, 2022, the Supreme Court of Canada dismissed the Application for leave to appeal from the Federal Court of Appeal’s November 22, 2021 decision, a copy of said Judgment is posted on this page.

___________________________________________________________________________

On November 22, 2021, the Federal Court of Appeal dismissed the appeal of the October 21, 2020 Federal Court decision which dismiss the Application for Authorization to Bring a Class Action, a copy of said Judgment is posted on this page, in French.

On or about January 19, 2022, our office filed an application for leave to appeal said decision to the Supreme Court of Canada.

 

____________________________________________________________________

On October 21, 2020, the Federal Court dismissed the Application for Authorization to Bring a Class Action, a copy of said Judgment is posted on this page, in both English and French.

On or about November 18, 2020, our office instituted an appeal of said decision.

This matter will therefore be proceeding before the Federal Court of Appeal in due course.

 

____________________________________________________________________

On October 21, 2020, the Federal Court dismissed the Application for Authorization to Bring a Class Action, a copy of said Judgment is posted on this page, in both English and French.

On or about November 18, 2020, our office instituted an appeal of said decision.

This matter will therefore be proceeding before the Federal Court of Appeal in due course.

 

____________________________________________________________________

LEX GROUP Inc. has launched a national class action against the Federal government of Canada on behalf of all persons residing in Canada (including their spouses, common-law partners, children and estates) who has not received the Canada Child Benefit and/or whose GST/HST credit has been reduced for a given calendar month, because his or her child lived only part-time during the month in question in one of the following places:

  • an institution;
  • a group foster home;
  • the private home of foster parents or the private home of a guardian;
  • the private home of a tutor; or
  • the private home of another individual occupying a similar role.

Should you be Member of the above Group, you may be entitled to compensation should the Court authorize and grant the class action on the merits, or should a settlement be reached (and approved by the Court).

Please fill out the form below in order to be kept informed of the progress of this case.

If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.  Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.  By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members.

Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.

Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial motion to authorize the bringing of the class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.

Aug 2019

Approval Notice

StockX LLC Data Breach Canadian Class Action


Settlement Approval Notice to Class Members

Approved Settlement Agreement

Quebec Superior Court File No. 500-06-001015-193

 

Detailed information and updates are available on the Settlement Website at the following address: www.stockxsettlement.ca.

PROCEEDINGS

A Canada-wide Settlement has been reached in a class action relating to the StockX Data Breach that occurred on May 14, 2019, when an unknown third-party was able to gain unauthorized access to certain customer data from StockX’s cloud environment.

On May 2, 2022, the Superior Court of Quebec authorized the Class Action for settlement purposes only.

On July 11, 2022, the Settlement Agreement was approved by Court.

AM I A SETTLEMENT CLASS MEMBER?

You may be a Settlement Class Member if you live in Canada and registered for a StockX user account on the StockX website or mobile application prior to May 14, 2019.

WHAT DOES THIS SETTLEMENT PROVIDE?

Pursuant to the Settlement, an 18-month subscription with TransUnion for credit monitoring services will be made available for activation by Settlement Class Members, free of charge.

In addition, substantiated and documented monetary claims totaling up to an aggregate Settlement Cap of $130,000 CAD for all approved claims may be reimbursed to Settlement Class Members who provide evidence of out of pocket losses, costs and/or unreimbursed expenses which were caused by the Data Breach and/or incurred as a result of the Data Breach or the receipt of the StockX Notices (which were sent on August 3 and 8, 2019), as accepted by the Claims Administrator (at its discretion) pursuant to the Distribution Protocol attached to the Settlement Agreement.

StockX will also pay Class Counsel Fees, administration costs and expenses, as well as all notice costs above and beyond of the said Settlement Cap payable to Settlement Class Members.

 

HOW DO I SUBMIT A CLAIM?

To submit a claim, you must, no later than December 7, 2022:

  • Complete a Claim Form online at stockxsettlement.ca; or
  • Obtain a Claim Form in paper format from the website or the Claims Administrator, complete it and send it by email or by mail to the Claims Administrator.

HOW CAN I GET MORE INFORMATION?

The Settlement Agreement and further detailed information, including relevant judgments, are on the Settlement Website at www.stockxsettlement.ca.

WHO IS THE CLAIMS ADMINISTRATOR?

MNP Ltd c/o Rick Anderson
1500, 640 – 5th Avenue SW
Calgary, AB, T2P 3G4

[email protected]

1-877-410-9008

 

Please note that in case of any discrepancy between the terms of this Notice and the Settlement Agreement, the terms of the Settlement Agreement shall prevail. Any term not defined in this Settlement Approval Notice shall have the meaning ascribed in the Settlement Agreement.

 

The publication of this Notice has been ordered by the Superior Court of Quebec.

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StockX LLC Data Breach Canadian Class Action
Pre-Approval Notice of Canadian Settlement Approval Hearing

PROCEEDINGS

A proposed Canada-wide Settlement has been reached in a putative class action relating to the StockX data breach that occurred on May 14, 2019, when an unknown third-party was able to gain unauthorized access to certain customer data from StockX’s cloud environment. This proposed Settlement is subject to Court approval.

On May 2, 2022, the Superior Court of Quebec authorized the Class Action for settlement purposes only.

AM I A SETTLEMENT CLASS MEMBER?

You may be a Settlement Class Member if you live in Canada and registered for a StockX user account on the StockX website or mobile application prior to May 14, 2019.

WHAT DOES THIS SETTLEMENT PROVIDE?

Pursuant to the proposed Settlement, an 18-month subscription with TransUnion for credit monitoring services will be made available for activation by Settlement Class Members, free of charge. In addition, substantiated and documented monetary claims totalling up to an aggregate Settlement Cap of $130,000 CAD for all approved claims may be reimbursed to Settlement Class Members who provide evidence of out of pocket losses, costs and/or unreimbursed expenses which were caused by the Data Breach and/or incurred as a result of the Data Breach or the receipt of the StockX Notices (of August 3 and 8, 2019), as accepted by the Claims Administrator (at its discretion) pursuant to the Distribution Protocol attached to the Settlement Agreement. StockX will also pay Class Counsel Fees, administration costs and expenses, as well as all notice costs above and beyond of the said Cap payable to Settlement Class Members.

WHAT ARE MY OPTIONS?

If you are a Settlement Class Member, you may (1) object to or comment on the Settlement; (2) exclude yourself from the Class Action (opt-out); or (3) do nothing. If you do not wish to be legally bound by the Class Action, you must exclude yourself from the Class Action (opt-out). To do so, you must complete and submit an Opt-Out Form to Class Counsel by no later than July 4, 2022, using the form found on the Settlement Website. Anyone who opts out of the Class Action cannot object to or comment on the Settlement and may be eligible to pursue an individual claim. If you do nothing, you will stay in the Class Action and be bound by the Settlement, if approved by the Court.

If you stay in the Class Action, you may object to or comment on the Settlement by submitting a written objection to the Court by no later than June 14, 2022.

WHEN AND WHERE WILL THE COURT DECIDE IF THE SETTLEMENT IS APPROVED?

The Superior Court of Quebec must be satisfied that the Settlement is fair, reasonable and in the best interests of Settlement Class Members.

The Settlement Approval Hearing will take place on July 5, 2022 at 9:30 A.M. in room 2.08 (or any other courtroom which will be indicated by the posting of a sign outside of courtroom 2.08) at the Montreal Courthouse located at 1 Notre-Dame St. East, Montreal, Quebec.

You do not have to attend the hearing but you may do so if you wish. If you have submitted a written objection to the Court, you (or your lawyer) may present arguments with regards to the proposed Settlement.

HOW CAN I GET MORE INFORMATION?

The Settlement Agreement and further detailed information, including relevant judgments, are on the present page  and on the Settlement Website.

Additional information can also be obtained by calling this toll-free number: 1-877-410-9008.

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Lex Group Inc. has launched a national class action against StockX, LLC regarding the data breach that involved unauthorized person(s) gaining access to the personal and/or financial information of approximately 6.8 million StockX clients, including in clients in Canada.  This data breach occurred on or before July 26, 2019 but was only announced in August 2019.

StockX, LLC is a Detroit (U.S.A.) based company primarily known for its ecommerce platform StockX.com with an emphasis on the sneaker resale market, but also sells other merchandise such as watches, handbags and street wear.

StockX, LLC informed some of its clients affected by the data breach by email in August 2019.

The stolen personal information includes without limitation the StockX clients’ names, email addresses, shipping address, purchase history, user passwords, users’ shoe size, trading currency, and other profile information such as users’ device type (for instance Android or iPhone) and the software version used by said device.

Accordingly, if you are a client of StockX, LLC in Canada, your personal information may have been lost, stolen or compromised and you may be part of the proposed Class defined by the class action initiated by our office.

Should you be defined as a member of the class, you may be entitled to compensation should the Court authorize and grant the class action on the merits, or should a settlement be reached (and approved by the Court).

Please fill out the form below if you wish to be kept informed of the progress of this case.

If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.

Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.

By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action, but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members.

Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.

Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial application for authorization to institute a class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.