News

Lex Group Inc. has launched a national class action against Estée Lauder Cosmetics Ltd. AND The Estée Lauder Companies Inc. (hereinafter collectively “Estée Lauder”), regarding the July 2023 Data Breach which involved the theft of personal information belonging to its customers.

Affected people residing in Canada could be receiving an email or a letter from Estée Lauder. If you receive such correspondence, please retain it.

The stolen personal information of the affected clients includes, without limitation:

• Name
• Contact information (for example, email address)
• Date of birth,
• Gender
• Details about the individual’s engagement with the different Estée Lauder brands (for example, products purchased or recommended, and the date and location of purchase or services).

Accordingly, if you have received an email or a letter from Estée Lauder or if you have provided your personal and/or personal information to Estée Lauder, your 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 in this class action, 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.

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.

NOTICE OF AUTHORIZATION OF A CLASS ACTION FOR SETTLEMENT PURPOSES

AND PRIOR NOTICE OF SETTLEMENT APPROVAL HEARING

INSTACART – QUÉBEC CLASS ACTION SETTLEMENT

YOU HAVE NOTHING TO PAY

If you completed a transaction for delivery in Quebec on the Instacart mobile app or the Instacart.ca website, you may be a member of a class action.

On December 1, 2022, Mr. Medalsy (the “Representative Plaintiff”) filed an Application for Authorization to Institute a Class Action (the “Application for Authorization”) against various Maplebear entities (doing business as “Instacart”) which asserted claims under the Consumer Protection Act, CQLR, c. P-40.1 and the Civil Code of Québec, CQLR, c. CCQ-1991, in relation to the completion of a transaction on the Instacart mobile app or the Instacart.ca website and the charging of a service fee, delivery fee, and any other fees. In essence, the Representative Plaintiff alleges that Instacart charged a higher price than that advertised, displayed and indicated at the initial stage of a transaction (excluding applicable GST/HST). Instacart denies these allegations and any wrongdoing, and no Court has concluded that there was any wrongdoing by Instacart.

The parties have reached a proposed Settlement without any admission of liability on the part of Instacart. This Settlement is subject to the approval of the Superior Court of Québec. The settlement approval hearing (Approval Hearing) will take place on March 25, 2025, at 9:30 a.m., in room 15.04 of the Montreal Courthouse or in any other room as designated by the judge.

The judgment which authorized this class action for settlement purposes only, and the proposed settlement, may affect your rights, whether you take action or not. Please read this notice carefully.

You will never be asked to pay anything.

These rights – and the deadline for exercising them – are explained in this notice.

THE CLASS ACTION

1. What is the purpose of this notice?

On December 1, 2022, the Representative Plaintiff filed the Application for Authorization against Maplebear Inc., Maplebear Canada Inc. (now Maplebear Canada ULC) and Maplebear Delivery Canada Inc. (now Maplebear Canada ULC) (collectively, “Instacart”). Since then, the parties have reached a proposed Settlement.

The Representative Plaintiff presented the Court with an application to authorize the proposed class action for settlement purposes only. On January 24, 2025, the Court authorized the Representative Plaintiff to institute a class action in the judicial District of Montreal on behalf of the Class Members against Instacart, for settlement purposes only.

The Court has not taken a position as to the truth or merits of the claims or defences asserted by either side. The allegations made by the Representative Plaintiff have not been proven in Court.

This notice explains how the class action works, who the Class Members are, and their rights.

2. What is a class action?

It is a legal procedure instituted by an individual called the “Representative Plaintiff” on behalf of everyone with similar claims, called the “Class”. A class action allows the Court to rule on the dispute regarding all Class Members, except for those who choose to opt out (exclude themselves from the Class Action).

3. What is this class action about?

The Application for Authorization asserted claims for damages under the Consumer Protection Act, CQLR, c. P-40.1 and the Civil Code of Québec, CQLR, c. CCQ-1991. The Representative Plaintiff alleged that Instacart charged a higher price than that advertised, displayed and indicated at the initial stage of a transaction (excluding GST/QST).

Instacart denies the allegations and any wrongdoing, and no Court has concluded there was any wrongdoing by Instacart.

THE CLASS MEMBERS

4. Who is a Class Member?

You are a Class Member if you are a customer who completed a transaction on the Instacart Canada Platforms during the Class Period and who placed an order for delivery in Québec and paid a price that included a service fee, delivery fee and/or any other fee.

“Class Period” means the period starting on June 15, 2021 and ending on July 31, 2024.

5. How do I participate in this class action?

If you are a Class Member and agree with this class action against Instacart and the proposed Settlement, you have nothing to do and nothing to pay in order to participate in this class action.

SETTLEMENT APPROVAL HEARING

6. What is the proposed Settlement?

Instacart agreed to settle the class action in exchange for a full release of the claims made in the Application for Authorization.

The Settlement Agreement provides, among other things, for the following, subject to Court approval:

1. Instacart agreed to implement a business practice change to its online transaction process for Québec users of its mobile app and website, going forward, so that Québec users are able to see and determine on the first screen or page where goods are selected the amount of non-optional fee(s) that may apply on an order.
2. The maximum total Settlement Amount to be paid by Instacart is $734,592.25. This amount is comprised of:
   1. The amount of $469,000 will be distributed equally to eligible Class Members in the form of a credit issued directly to their Instacart account, which amount will be available automatically as a means of payment for a transaction on the Instacart Canada Platforms. The credit expires after 24 months.
   2. Class Counsel Fees and expenses, including all administration and notice costs, of $231,000 plus GST/QST, which will also be paid by Instacart. Class Members have nothing to pay in this regard.
3. A member will be eligible for a credit if they satisfy the following criteria (“Credit Eligible Member”):
   1. He/she placed at least one order during the Class Period via the Instacart Canada Platforms, for delivery to an address situated in the Province of Québec and was charged a non-optional Fee on this order;
   2. He/she has not submitted an Opt-out (Request for Exclusion); and
   3. He/she must have an active Account at the time of credit issuance and he/she must not have voluntarily deleted or deactivated his/her account or have been suspended or removed from the Instacart Canada Platforms due to a violation of Instacart’s Terms and Conditions.

The Settlement Agreement and documents pertaining to this class action are available on Class Counsel’s website (lexgroup.ca).

7. What is the next step regarding the proposed Settlement?

The Superior Court of Québec must approve the proposed Settlement Agreement before it can take effect. The Court will review the terms of the proposed Settlement Agreement to ensure that they are fair, reasonable and in the best interests of the Class Members.

The Final Approval Hearing will take place on March 25, 2025, at 9:30 a.m. before the Superior Court of Québec, at the Montreal Courthouse, 1 Notre-Dame Street East, in Montreal, Québec, in room 15.04or in any other room as designated by the judge. At this hearing, the Court will hear any objection filed by Class Members regarding the proposed Settlement Agreement, in accordance with the deadlines and procedure set forth below.

Class Members who do not oppose the proposed Settlement are not required to attend this hearing or to take any action (or pay anything) to indicate that they intend to be bound by it.

OPTING OUT: This is your only chance to opt out from the class action

8. What happens if I opt out?

If you decide to opt out of the class action, you retain your right to institute your own lawsuit against Instacart (Maplebear entities) in relation to the completion of a transaction on the Instacart mobile app or the Instacart.ca website and the charging of a service fee, delivery fee, and/or any other fee, and you will not be bound by the judgments rendered by the Court in this class action. Also, you will not be entitled to receive compensation if the proposed Settlement is approved by the Court. You will have strict legal deadlines in order to pursue your own rights and recourses against Instacart, at your own costs. You will not receive further notices and you will not be represented by Class Counsel Lex Group Inc.

9. What happens if I do not opt out or if I do nothing?

If you do not opt out of the class action or if you do nothing, you will be entitled to receive a Credit if the Settlement is approved by the Court and you are a Credit Eligible Member. As such, you give up your right to institute your own lawsuit against Maplebear entities regarding the fees and will be bound by the judgments rendered by the Court in this class action.

10. How do I opt out?

If you do not wish to be part of this class action, you can opt out by sending to the clerk of the Superior Court of Québec a signed letter containing the following information:

• The class action file number and name: 500-06-001211-222 (Medalsy v. Maplebear inc. et al).
• Your name, current mailing address and email address.
• Your statement: “I am a class member and I wish to opt out of the class action”.
• Your signature.

You must send your letter, with a copy by email to Class Counsel no later than March 10, 2025, at the following addresses:

OBJECTING TO THE PROPOSED SETTLEMENT

11. What should I do if I disagree with the proposed Settlement?

If you disagree with the Settlement Agreement but you do not wish to opt out of the class action, you can object to or comment on the Settlement Agreement by delivering a written submission on or before March 10, 2025 filed with the Court, Class Counsel and Maplebear’s Counsel in accordance with Section 7(a) of the proposed Settlement Agreement and containing the following information:

• A heading referring to this proceeding (Medalsy v. Maplebear inc. et al, 500-06-001211-222).
• Your name, current address, and telephone number and, if represented by counsel, the name and contact information of your counsel.
• A statement that you completed a transaction on the Instacart mobile app or the Instacart.ca website, during the Class Period.
• A statement whether you intend to appear at the Approval Hearing, either in person, remotely, or through counsel.
• A statement of the objection and the grounds supporting the objection.
• Copies of any papers, briefs, or other documents upon which the objection is based.
• Your signature.

You must send your objection by email to Class Counsel and Maplebear’s Counsel, at the following addresses:

The Court cannot change the terms of the Settlement. Any objections will be used by the Court to consider whether to approve the Settlement. You cannot object to or comment on the Settlement if you opt out of the class action.

COMPENSATION UNDER THE SETTLEMENT AGREEMENT

12. What happens if the Settlement Agreement is approved by the Court?

If the Settlement Agreement is approved by the Court, each Credit Eligible Member will receive     a Credit, which value is to be determined by dividing the amount of $469,000 (the Distribution Fund), by the number of Credit Eligible Members. The Credit will be made available automatically and directly into their Instacart account, which amount will be available as a means of payment for a transaction on the Instacart Canada Platforms.

CLASS COUNSEL

13. Who are the lawyers working on this class action?

The law firm Lex Group Inc. represents the Representative Plaintiff and the Class Members. They are known as “Class Counsel”. You may contact them using the contact information found at the end of this notice. You do not have to pay anything to Class Counsel.

14. Are there fees for the Class Members?

You do not have to pay the lawyers working on this class action. Class Counsel have taken this case on a contingency agreement, and their legal fees and disbursements will be paid by Instacart, subject to Court approval.

If the Settlement is approved by the Court, the lawyers representing the Class Members will be paid an amount provided for in the Settlement Agreement, will not be deducted from the Distribution Fund. The Court will decide on the reasonableness of the fees and costs requested by Class Counsel. You are therefore not being asked to pay any portion of these fees or costs.

FOR MORE INFORMATION

If you have questions, you can contact Class Counsel by mail, email or telephone. Your name and any information provided will be kept confidential. Please do not contact Maplebear, nor any of the Judges of the Superior Court of Québec.

This notice has been approved by the Superior Court of Québec.

_________________________________________________

LEX GROUP Inc. has launched a Quebec class action lawsuit against Maplebear Inc., Maplebear Canada Inc., and Maplebear Delivery Canada Inc., doing business under Instacart™ (hereinafter collectively the “Defendants” or “Instacart”) on behalf of all residents of Quebec who have completed a transaction on the “Instacart” mobile app or on Instacart.ca and who paid a price higher than initially indicated or advertised, including without limitation paying for service fees, delivery fees, and/or other fees.

Instacart partners with popular retailers in the United States and Canada (including Quebec) in order to sell and deliver groceries and other products to consumers and other purchasers.

The class action proceedings allege that Defendants charged their customers a higher price than that advertised at the initial review stage of the transaction by not prominently displaying the “all-in” price (namely the total amount the consumer must pay for the goods or services). Moreover, the proceedings allege that the Defendants made a false and misleading representations by failing to accurately display and describe the amount of delivery fees, service fees and/or other fees in the prior steps leading to the transaction.

Accordingly, if you have completed a transaction on the “Instacart” mobile app or on the Instacart.ca website and paid a price higher than initially indicated or advertised, including without limitation paying for service fees, delivery fees, and/or other fees, 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, 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.

BARILLA CANADA INC. – QUEBEC CLASS ACTION AUTHORIZED

Short form Notice to Class Members

YOU HAVE NOTHING TO PAY

On August 26, 2024, the Superior Court of Quebec authorized the bringing of a class action against Barilla Canada Inc. (hereinafter “Barilla”) on behalf of the following Class:

All residents of Quebec who have purchased, at any time since October 24, 2019, Barilla Canada Inc.’s pasta products which were not produced in Italy and which bear the phrase “ITALY’S #1 BRAND OF PASTA” and “LA MARQUE DE PÂTES NO 1 EN ITALIE”, in juxtaposition or not of the Italian flag colors.

(hereinafter the “Class” or “Class Members”).

Plaintiff Mrs. Knafo was ascribed the status of representative to act on behalf of the Class Members.  She alleges in her action that the Class Members were misled by Barilla into believing that the Barilla pasta products sold in Quebec are produced in Italy with Italian-sourced ingredients, whereas the majority of the Barilla products sold in Quebec are produced in the United-States or Canada, with North American ingredients.

If the class action is successful, all persons in Quebec corresponding the Class mentioned above may be eligible to receive compensation, including without limitation a full or partial reimbursement of the purchase price paid and punitive damages.

The authorization judgment is a preliminary step which allows the class action to begin. This judgment does not decide the liability of Barilla, who will be able to assert its defenses at trial. It is following this trial, which will be held in the district of Montreal, that the Superior Court will decide whether Barilla has violated the law as alleged and whether Barilla must be ordered to pay something to the class members and, if so, in what amount.

As a Class Member, you do not have to pay for the attorney fees which will be paid from the damages that may be awarded through the class action, if applicable. The Court will be asked to decide the reasonableness of Class Counsel legal fees. In case of success, Plaintiff also asks the Court to condemn Barilla to pay her Class Counsel’s legal fees and expenses, in addition to the amount claimed for the Class Members. The Court may, however, also decide that such fees and costs will be deducted from the amounts owed to the Class, if any.

Relevant information concerning the progress of the class action:

In the context of the legal proceedings in this case, which will occur in the District of Montreal, the Plaintiff will ask the Court to determine:

a) Did Barilla make false or misleading statements, advertisements or representations, or did it carry out prohibited practices, in the sale and marketing of its pasta, given their place of production and the geographical origin of their ingredients?

b) Must Barilla reimburse the purchase price of the pasta, in whole or in part?

c) Should injunctive relief be ordered to prohibit Barilla from continuing to make such statements, representations, advertisements or prohibited practices?

d) Must Barilla pay punitive damages to the Class Member and in what amount?

If you wish to exclude yourself (opt out) from the class action and avoid being bound by the judgment which will be rendered, you must send a notice no later than May 22, 2025, by registered or certified mail to the clerk of the Superior Court of Quebec in Montreal (with a copy to [email protected]). The full procedure for opting out is explained in the Long Form version of the present notice.

If you wish to be included in the class action, you have nothing to do and nothing to pay. As a Class Member, you have the right to intervene in the present class action.

For more information on the class action:

Please visit the present webpage dedicated to this class action and please consult the Long Form (detailed) version of the present Notice which includes the full text of the principal issues / questions that the Court will be asked to deal with collectively and the list of orders that Plaintiff is asking the Court to issue once it has decided these questions.

__________________________________

A Quebec-only Class Action has been authorized by the Superior Court of Quebec on August 6, 2024 – judgment available on this page.

____________________________________

LEX GROUP Inc. has launched a Quebec class action lawsuit against Barilla Canada Inc. (hereinafter “Defendant” or “Barilla”) on behalf of Canadians who have purchased at least one of Barilla’s pasta products, which products were not produced in Italy but which bear the phrase “ITALY’S #1 BRAND OF PASTA” and/or “LA MARQUE de PÂTES No 1 EN ITALIE”, and/or which display the Italian flag colors on the front label of the packaging.

Barilla Canada markets, commercializes, distributes and sells its various well-known pasta products through many grocery stores across Canada, including Quebec. The class action proceedings allege that Barilla engaged in deceptive, misleading, false, and/or unfair advertising when labeling their pasta products as “Italy’s #1 Brand of Pasta” and/or displaying the Italian flag on its products in order to perpetuate the notion that they are made in Italy, which is not the case. Moreover, the proceedings allege the use by Barilla of deceptive and misleading claims in its marketing of pasta products.

Accordingly, if you have purchased one of Defendant’s pasta products, including but not limited to:

• the Barilla® Classic Blue Box Pastas,
• the Barilla® Collezione Artisanal Pastas,
• the Barilla® Gluten Free Pastas,
• the Barilla® Veggie Pastas, and/or
• the Barilla® Whole Grain Pastas,

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, 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.

STUBHUB TICKET PURCHASES MADE IN QUEBEC BEFORE MARCH 11, 2020, FOR EVENTS WHICH WERE CANCELLED, POSTPONED OR RESCHEDULED AFTER MARCH 11, 2020

CLASS ACTION SETTLEMENT APPROVED

This notice is in accordance with a Quebec Superior Court judgment dated July 26, 2022, (File No: 500-06-001066-204) which has approved the settlement of a class action against STUBHUB INC. and STUBHUB CANADA LTD. (“StubHub“). We are pleased to inform you that it is now time to make your claim!

Note: This Settlement is only with regards to StubHub clients in Quebec.

FOR MORE INFORMATION

For more information and access to the text of the Settlement, the schedules, judgments, and the various claim forms including the claim form, and/or to submit a claim, please consult the Settlement Website: www.stubhubsettlement.ca.

______________________________________________________________________________

PROPOSED QUEBEC CLASS ACTION SETTLEMENT

STUBHUB TICKET PURCHASES MADE IN QUEBEC BEFORE MARCH 11, 2020 

FOR EVENTS WHICH WERE CANCELLED, POSTPONED OR RESCHEDULED AFTER MARCH 11, 2020

CLASS ACTION AUTHORIZED AND UPCOMING PROPOSED SETTLEMENT APPROVAL HEARING

A proposed settlement (“Settlement”) has been reached, subject to Court approval, between Mr. Patterson (the “Plaintiff”) and STUBHUB INC. and STUBHUB CANADA LTD. (“StubHub“) in the context of a class action instituted against several ticketing platforms including StubHub with respect to the purchase, prior to March 11, 2020, of tickets for events scheduled to take place after March 11, 2020, which events were subsequently either cancelled, postponed or rescheduled, without a full refund for the tickets purchased being provided (the “Class Action”).

The Superior Court of Quebec authorized the Class Action, for settlement purposes, on May 10, 2022.

This proposed Settlement may affect your rights, whether you act or not. Please read this notice carefully.

Note: This proposed Settlement is only with regards to StubHub customers in Quebec.

BASIC INFORMATION

If you a Quebec resident and you have purchased before March 11, 2020 one or more tickets from StubHub for an event scheduled to take place after March 11, 2020, which event was subsequently either cancelled, postponed or rescheduled, without a full refund being provided by StubHub, you could be eligible to receive benefits under the Settlement, if approved by the Court.

The purpose of this notice is to inform you that the Plaintiff and StubHub have reached a proposed Settlement putting an end to the Class Action (subject to Court approval). All concerned parties believe that the proposed Settlement is the best solution to dispose fairly and equitably of the dispute; they will ask the Superior Court of Quebec to approve it.

The Superior Court of Quebec will hold a hearing to determine whether it will approve the proposed Settlement. You may attend the hearing, which will take place virtually on June 17, 2022 at 9:30 a.m. in room 16.02 of the Montreal Courthouse using the following Microsoft Teams link: https://url.justice.gouv.qc.ca/oCT0.

According to the Plaintiff, StubHub committed a fault by modifying its “StubHub Marketplace Global User Agreement” by offering a 120% credit of the value of tickets instead of fully reimbursing Quebec residents for all amounts paid before March 11, 2020, regarding tickets for events scheduled after March 11, 2020, which events were subsequently cancelled.  Again, according to the Plaintiff, StubHub committed a fault by providing in its “StubHub Marketplace Global User Agreement” that it would not fully reimburse Quebec residents for all amounts paid before March 11, 2020 for event tickets, which events were subsequently either postponed or rescheduled after March 11, 2020.

These allegations have not been proven in Court and are contested by StubHub, whose position is that they have complied at all times with all applicable legislation, including with respect to the modifications to its “StubHub Marketplace Global User Agreement”.

You are a Group Member if you meet all of the following conditions:

1. You are a user of the StubHub Services that had a Quebec billing address associated with your Account at the time of purchase of the Ticket(s);

2. you have purchased before March 11, 2020 at least one ticket from StubHub to at least one event scheduled to take place after March 11, 2020, which event was subsequently cancelled and have opted to keep the 120% credit (“Credit”) instead of defaulting to a full refund;

or

you have purchased before March 11, 2020 at least one ticket from StubHub to at least one event scheduled to take place after March 11, 2020, which event was subsequently either postponed or rescheduled (“Ticket(s)”);

3. you have not already used the Ticket(s) to attend the event(s) to which the Ticket(s) grant access; and

4. you have not already received a refund or used in its entirety or in part the 120% Credit previously received for such Ticket(s).

SETTLEMENT SUMMARY

Without any admission of liability, for the purpose of avoiding a trial and the additional costs and expenses related thereto, StubHub agrees to the following:

1. Each Eligible Member shall be entitled to, alternatively, (i) retain his or her Ticket(s); or (ii) cancel the contract by which he or she purchased his or her Ticket(s) and receive a benefit in the form of a credit in an amount equal to one hundred and twenty percent (120%) of the value of the Ticket(s) purchased (including all ticket prices paid, fees, taxes, additional services purchased such as parking, etc.); or (iii) cancel the contract by which he or she purchased his or her Ticket(s) and obtain the restitution of an amount equal to the value of the Ticket(s) purchased in cash (including all ticket prices paid, fees, taxes, additional services purchased such as parking, etc.), at the Eligible Member’s option;

2. Implement a business practice change regarding tickets to events that have been postponed or rescheduled, providing for a refund upon a request being made by a Quebec resident.

If you meet the four conditions described above to be a Group Member, if you have not already used your Ticket(s) to attend the events to which the Tickets grant access and if you do not wish to retain your Ticket(s), you could be eligible to receive a benefit in the form of a credit in an amount equal to one hundred and twenty percent (120%) of the value of the Ticket(s) purchased (including all ticket prices paid, fees, taxes, additional services purchased such as parking, etc.), or an amount equal to the full value of the Ticket(s) purchased in cash (including all ticket prices paid, fees, taxes, additional services purchased such as parking, etc.) provided that you return your digital Ticket(s) to StubHub (physical event ticket need not be returned). Should the Settlement be approved by the Superior Court of Quebec, you will receive a Notice of Approval of the Transaction inviting you to submit your claim by responding electronically to said Notice within the allotted claim deadline. The Notice of Approval of the Transaction will set out the three (3) options available to you, namely (i) to retain your Ticket(s), (ii) to receive a credit or (iii) to receive a cash refund. If you do not submit your claim in a timely manner, you will be deemed to have elected to hold onto your Ticket(s) and you will no longer be eligible to receive benefits pursuant to this Settlement, but you will be bound by the remaining terms thereof.

OPTING OUT

If you do not wish to be bound by this Class Action (and this proposed Settlement) for any reason whatsoever, you must take steps to exclude yourself from the Settlement Class, which will result in your exclusion from the Class Action (and the proposed Settlement).

If you exclude yourself from the Class Action:

1. You will not receive any benefits under the proposed Settlement (if approved by the Court);

2. You will not be bound by the Class Action;

3. You could exercise your valid rights of action independently against StubHub, at your own costs and with your own legal advisers (strict legal delays apply); and

4. You will not be able to object to this proposed

If you do not exclude yourself from the Class Action:

1. You will be eligible to receive reparations under this proposed Settlement (if approved by the Court);

2. You will be bound by the Class Action;

3. You will give up the right to take your own legal action against the StubHub; and

4. You will be able to object to the proposed

If you do not exclude yourself from the Class Action and the proposed Settlement is approved, you give up the right to take legal action against StubHub with respect to the purchase of Tickets from StubHub before March 11, 2020 to events scheduled to take place after March 11, 2020, which events were subsequently either cancelled, postponed or rescheduled.

To exclude yourself from the Class Action (opt out), you must send to the clerk of the Superior Court of Quebec, a duly signed request for exclusion containing the following information:

1. The Court docket number of the Class Action: Patterson v. Ticketmaster et al. S.M. 500-06-001066-204;

2. Your name and contact information;

3. An affirmation that you used the StubHub services to purchase your ticket;

4. Your email address associated with your StubHub account.

The request for exclusion must be sent by registered or certified mail before July 2, 2022 to the Court, at the following addresses:

Greffe de la Cour supérieure du Québec

Palais de justice de Montréal

1 Notre-Dame Street East Room 1.120

Montreal, Quebec  H2Y 1B5

Reference: Patterson v. Ticketmaster et al. – Class Action C.S.M.: 500-06-001066-204

With a copy to Class Counsel:

Lex Group Inc.

Mtre David Assor

4101 Sherbrooke St. W., Westmount, Quebec, H3Z 1A7

OBJECTION TO THE SETTLEMENT

You can tell the Court that you do not agree with this proposed Settlement.

To present your objection to the Court, you are required to inform Class Counsel in writing of the reasons for the Objection at least five (5) Days before the Approval Hearing, by communicating a document containing the following information:

• The Court and Court docket number of the Class Action: Patterson v. Ticketmaster et al. S.M. 500-06-001066-204;
• The name and contact information of the Settlement Class Member who is raising an Objection. If the objecting Settlement Class Member is represented by a lawyer, his or her contact information must be provided;
• An affirmation that the Settlement Class Member used the StubHub Services to purchase his or her Ticket;
• The Settlement Class Member’s email address that is associated with his or her Account;
• A declaration that the Settlement Class Member purchased the Ticket while being physically located in Quebec;
• A brief description of the reasons for the Settlement Class Member’s Objection; and

You cannot object to the proposed Settlement if you opt out of the Class Action.

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

If, despite your objection, the Settlement is still approved by the Court and if you are eligible, you can still receive a credit or a cash refund or choose to retain your Ticket(s).

FOR MORE INFORMATION

For more information and access to the text of the Settlement, the schedules, judgments, and the various forms, please consult the present webpage or go to the Settlement Website: www.stubhubsettlement.ca.

You may also contact our firm. Please do not contact the Judges of the Superior Court of Quebec.

If approved, another notice (email) will be published in accordance with the proposed Settlement and as eventually ordered by the Court.

In case of discrepancies between this notice and the Settlement Agreement, the Settlement Agreement shall prevail.