News
David Assor
The author comments on this class action decision in which the Court of Appeal upheld the first instance decision (of the Honorable André Roy S.C.J.), dismissing an application to dismiss based on res judicata and abuse of procedure relating to a second Application for Authorization to Institute a Class Action. The Court upheld the first instance judgment which granted a second plaintiff the chance to seek class action authorization regarding the same group of consumers, the whole in relation to allegedly defective washers.[
David Assor
The author analyzes the state of law and jurisprudence under the new Code of Civil Procedure regarding the payment of an indemnity to the Class Representative in the context of an out-of-Court class action settlement submitted to the Court for approval.
LEX GROUP Inc. has launched a class action lawsuit against FORD MOTOR COMPANY OF CANADA, LIMITED and FORD MOTOR COMPANY (hereinafter collectively “Ford”), on behalf of all persons in QUEBEC who have purchased and/or leased and/or or own one of the following Ford vehicles:
- 2013-2019 Ford Escape;
- 2013-2019 Ford Fusion;
- 2014-2015 Ford Fiesta;
- 2013-2015 Ford Transit Connect;
- 2015-2018 Ford Edge;
- 2017-2019 Lincoln MKC;
- 2017-2019 Lincoln MKZ.
(hereinafter collectively the « Subject Vehicles »).
The proposed class action alleged that Ford marketed, promoted, distributed, leased and sold the Subject Vehicles to Class Members, which were defectively designed and manufactured, namely with defective engines and related parts which are prone to overheating, leak 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 fuel system of the Subject Vehicles, namely the engine coolant systems and associated wiring and the computer systems.
Although announcing multiple recalls over the years regarding some of these issues, it is alleged that Ford has been unable to adequately and completely solve the underlining issues and Class Members are forced to continue to drive highly unsafe vehicles as a result.
On July 16, 2018, the US National Highway Traffic Safety Administration (the “NHTSA”) opened and announced a Preliminary Evaluation (PE) after having been made aware of 40 complaints and 2 instances of crashes/fire involving the 2013 Ford Escape (1.6L GTDI).
It is alleged that the owners or lessees of the Subject Vehicles have also suffered or will also suffer a significant decrease in the value of their vehicle (including the resale value) due to these significant defects.
Accordingly, if you reside in QUEBEC and have purchased and/or leased and/or own a 2013-2014 Ford Escape, a 2013-2014 Ford Fusion, a 2013 Ford Fiesta or a 2014-2015 Ford Transit Connect, 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.
TOYOTA – NATIONAL SETTLEMENT APPROVED – A Class Action settlement reached with Toyota Canada Inc. has been approved by the Courts concerning purchase(d) or lease(d) Model Year 2005–2010 Toyota Tacoma, 2007–2008 Toyota Tundra, or 2005–2008 Toyota Sequoia vehicles in Canada.
For more information about this case, the approved settlement and/or for copies of the relevant notices, judgment(s) or documents, the settlement agreement, etc., click here or visit www.Toyotaframesettlement.ca.
A Quebec SETTLEMENT has been reached and approved by the Superior Court of Quebec in the Target Data Breach Quebec 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.targetdatabreachsettlementquebec.ca/Home .
On January 27, 2023, the Court of Appeal dismissed the appeal, putting an end to the case.
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On June 28, 2021, the Superior Court of Quebec dismissed the Application for Authorization to Bring a Class Action, a copy of said Judgment is posted on this page.
On or about July 29, 2021, our office instituted an appeal of said decision, a copy of the Notice of Appeal is also posed on this page.
This matter will therefore be proceeding before the Court of Appeal in due course.
____________________________________________________________________
Lex Group Inc. has launched a national class action lawsuit against:
Micron Technology Inc., Micron Semiconductor Products Inc.,
Samsung Electronics Co Ltd., Samsung Semiconductor Inc., Samsung Electronics Canada Inc., and
SK Hynix Inc., SK Hynix America Inc.
(hereinafter collectively the “Defendants”)
on behalf of all persons in Canada who, between at least June 1st, 2016 and February 1st, 2018, acquired or purchased DRAM (dynamic random-access memory) chips either directly from one of the Defendants or indirectly, since the DRAM chip was integrated into certain electronic products.
It is alleged that between at least June 1st, 2016 and February 1st, 2018, the Defendants, the major worldwide manufacturers of DRAM chips, engaged in an illegal cartel to artificially raise or set the price of DRAM chips. These DRAM chips were then either sold directly to consumers or sold to electronic manufacturers who then integrated the DRAM chip into their electronic devices.
Accordingly, if you live in Canada and you have purchased either DRAM chips manufactured by one of the Defendants and/or electronic devices which contain such DRAM chips (for example, a smartphone, a tablet, a laptop, a desktop computer, a graphics card (or an electronic device equipped with a graphics card) or a video game console, etc.), between June 1st, 2016 and February 1st, 2018, then you may potentially 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.
A SETTLEMENT has been reached and approved by the Quebec and Ontario Courts in the Porsche Cayenne Diesel (2013-2016) 3.0 Litres Engine Emissions 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 www.VWCanadaSettlement.ca.
A QUEBEC SETTLEMENT has been reached in the Target Corporation Data Breach 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 or visit www.targetdatabreachsettlementquebec.ca/Home.
A SETTLEMENT has been reached in the Johnson & Johnson – Baby Bedtime Bath / Lotion – National 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.
NOTICE TO CLASS MEMBERS
NISSAN CANADA INC. DATA BREACH CLASS ACTION
Proceedings
On April 28, 2021, the Court of Appeal of Québec authorized the bringing of a class action against Nissan Canada Inc. (which also operates under the names Nissan Canada Finance, Infiniti, Infiniti Financial Services, Services Financiers Infiniti, Services Financiers Mitsubishi Motors, Mitsubishi Motors Financial Services, and Mitsubishi Motors Services Financiers) regarding a data breach which occurred on or before December 11, 2017. Plaintiff Ms. Lévy was ascribed the status of representative to act on behalf of the Class Members.
Who is affected?
You are affected by the class action if you are in Québec and correspond to one of the two following categories:
- Your personal or financial information held by Nissan Canada Inc. was compromised in a data breach of which Nissan Canada Inc. was advised by the perpetrators by email on December 11, 2017;
OR
- You received a letter from Nissan Canada Inc. in or about January 2018 informing you of such data breach.
If the class action is successful, all persons in Québec corresponding to one of the two categories mentioned above may be eligible to receive compensation.
As a Class Member, you do not have to pay for the attorneys’ fees which will be paid only if the class action is successful. You therefore have nothing to pay unless you receive compensation.
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 Montréal, Ms. Lévy will ask the Court to determine whether Nissan Canada Inc. failed to adequately protect its clients’ personal or financial information and whether it committed faults after learning of the data breach. The Court will also have to determine if Nissan Canada Inc. is liable to pay damages, including punitive damages to the Class Members (including Nissan, Infiniti and Mitsubishi clients in Canada) and if so in what amounts.
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 December 17, 2021, by registered or certified mail to the clerk of the Superior Court of Québec in Montréal (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. As a Class Member, you have the right to intervene in the present class action.
Please consult this website for the Long Form version of the present notice, including the full text of the principal issues / questions that the Court will be asked to deal with collectively and the list of orders that Ms. Lévy is asking the Court to issue once it has decided these questions.
___________________________________________________________________________________________
Lex Group Inc. has launched a national class action against Nissan Canada Inc. regarding the data breach that involved unauthorized person(s) gaining access to the personal information of NISSAN and INFINITI clients in Canada, namely the clients who financed or leased a vehicle through Nissan Canada Finance or INFINITI Finance Services Canada.
The stolen personal information includes without limitation the customer’s name and address, the vehicle make and model, the vehicle identification number (VIN), the client’s credit score, the loan amount and monthly payment.
Nissan Canada Finance has informed certain affected clients by way of letter.
Accordingly, if you financed or leased a vehicle in Canada through Nissan Canada Finance or INFINITI Finance Services 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.