The author comments on a decision of the Superior Court which authorized the class action initiated by the Petitioner against Uber.
This decision is particularly interesting, especially because of the consideration and admission by the court of an inferential evidence at the authorization stage regarding the damages suffered by the Group Members and their causation.
Note: The article is written in French.
The authors comment on a decision of the Court of Appeal which granted the appeal, reversed the Superior Court’s decision and authorized the class action initiated by the petitioner. The decision is particularly important, namely because of the bench’s long obiter commenting on the relevance, if there is still relevance, of the authorization process as we know it today.
Note: The article is written in French.
NATIONAL SETTLEMENT APPROUVED
(September 14, 2018)
If You Own or Lease or Previously Owned, Purchased, or Leased a Toyota Tacoma (2005-2010), a Toyota Tundra (2007-2008), or a Toyota Sequoia (2005-2008), You Could Get Benefits from a Class Action Settlement.The Courts have approved the settlement in class action lawsuits started in Ontario and Quebec against Toyota Canada, Inc. (Toyota) concerning purchase(d) or lease(d) Model Year 2005–2010 Toyota Tacoma, 2007–2008 Toyota Tundra, or 2005–2008 Toyota Sequoia vehicles distributed for sale or lease in Canada. The Settlement provides a free Frame Inspection and Replacement Program through which Toyota Dealers will, upon your request and free of charge, inspect the frames on the Subject Vehicles to determine whether your Subject Vehicle’s frame should be replaced. If the frame needs to be replaced because it satisfies the Rust Perforation Standard, replacement of the frame and associated parts will be at no cost to you. If the frame does not meet the criteria for frame replacement, under certain circumstances, the Toyota Dealer will apply Corrosion-Resistant Compounds (“CRC”) at no cost to you, pursuant to the Inspection Protocol. You can contact your Toyota Dealer beginning on July 21, 2018 to have your Subject Vehicle inspected as part of this program. The settlement also reimburses Class Members who previously paid out-of-pocket for frame replacement due to rust perforation that satisfies the Rust Perforation Standard that were incurred prior to June 8, 2018, and that were not otherwise reimbursed. You can exclude yourself from the class action by October 22, 2018. If you do so, you will not get any settlement benefits, but you keep the right to sue Toyota about the issues in the lawsuit. The Claim Period ends on November 19, 2018. The full length notice describing how to obtain settlement relief or exclude yourself is available on this page and at www.Toyotaframesettlement.ca. For more information or a claim form or opt-out form, contact the Administrator at 1-866-343-1858 or [email protected] (www.Toyotaframesettlement.ca). __________________________________________________________________________________________ LEX GROUP Inc. has launched a national class action lawsuit against TOYOTA CANADA INC. (hereinafter “Toyota”), on behalf of all persons in Canada who have purchased and/or leased and/or or own one of the following Toyota vehicles:
LEX GROUP Inc. has launched a national class action lawsuit against TOYOTA CANADA INC. (hereinafter “Toyota”), on behalf of all persons in Canada who have purchased and/or leased and/or or own one of the following Toyota vehicles:
APPROVED CLASS ACTION SETTLEMENT
HP OfficeJet Printers Dynamic Security Canadian SettlementA Settlement has been reached with HP Canada Co. and Hewlett Packard (Canada) Co. (collectively “HP”) in a class action related to Dynamic Security, a technology HP incorporated in certain of its inkjet OfficeJet printers. The Plaintiff alleged that Dynamic Security caused printers to stop working if they were using certain non-HP replacement ink cartridges. Under the Settlement HP agrees to not reactivate Dynamic Security in the Class Printers and to pay a maximum of $700,000 CAD following the receipt of valid individual claims. HP denies that it did anything wrong. On January 21, 2019, the Superior Court of Quebec authorized the bringing of the national class action against HP for settlement purposes. On April 24, 2019, the Superior Court of Quebec approved the national settlement of the class action. WHO IS INCLUDED? You are a Class Member, and are included in the proposed Settlement, if you are a Canadian resident and owned a Class Printer between March 1, 2015 and December 31, 2017. The Class Printers are the following:
Epiq Class Action Services Canada Inc.
HP OfficeJet Printers Dynamic Security Canadian Claims Administrator
Nelson P.O. 20187 – 322 Rideau Street
Ottawa ON K1N 5Y5
Toll-Free Tel: 1-833-414-8039
Email: [email protected]_________________________________________________________________ LEX GROUP Inc. has launched a national class action lawsuit against HP CANADA CO. and HEWLETT-PACKARD (CANADA) CO. (hereinafter collectively “HP”), on behalf of all Canadians who have purchased or own an HP OfficeJet printer, including without limitation the following models (hereinafter collectively the “HP Printer(s)”):
A SETTLEMENT has been reached in the Toronto-Dominion Bank (TD) – TD Travel Credit Cards – TD Points – Quebec Class Action. For more information about this case, the settlement, or the upcoming settlement approval hearing, and/or for copies of the relevant notices, judgment(s) or documents, the settlement agreements, etc., click here.
A SETTLEMENT has been reached in the Lakeshore General Hospital / Colonoscopies Recall Class Action. For more information about this case, the settlement, or the settlement approval hearing, and/or for copies of the relevant notices or documents, the settlement agreements, etc., click here.
A SETTLEMENT has been reached in the Lachine Hospital / Improperly Sterilized Instrument(s) Class Action. For more information about this case, the settlement, or the settlement approval hearing, and/or for copies of the relevant notices or documents, the settlement agreements, etc., click here.
In March 2008, a Data Tape containing the personal information of all DaimlerChrysler Financial Services Canada Inc. (“Chrysler Financial”) vehicle lease customers across Canada was lost (approximately 239,277 customers). The personal information on the lost or stolen Data Tape contained some or all of the following information: the customer’s name, address, phone number, social insurance number, date of birth, as well as other information related to the status and history of the customer’s credit file with Chrysler Financial. If, on or before March 12, 2008, you leased a vehicle from Chrysler Financial (including, without limitation: Chrysler, Dodge or Jeep vehicles), your personal information was likely included in the lost Data Tape. For more details and to sign-up with our firm, click here.
Lex Group has launched a national class action on behalf of Canadians having purchased or leased a Porsche Cayenne Diesel, equipped with a 3.0 liter, and regarding the November 2, 2015 Notice of Violation issued by the United States Environmental Protection Agency (the “EPA”) indicating that Porsche had equipped the Porsche Cayenne Diesels with a “defeat device” permitting the vehicle to trick mandatory emission tests, the whole without the knowledge or consent of its customers. Accordingly, the actual amount of emissions/pollutants released into the environment by the Cayenne Diesel, when driving on actual roads, is apparently much higher than what Porsche had advertised and is apparently much higher than Canadian standards For more details, click here.