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SETTLEMENT - Johnson & Johnson - Baby Bedtime Bath / Lotion - National Class Action

Mar 2018

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.

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Nissan Canada Finance AND INFINITI Financial Services Canada – Data Breach Class Action

Feb 2018

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;

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.

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Fiat Door Handles National Class Action

Jan 2018

LEX GROUP INC. has launched a national class action lawsuit against FCA CANADA INC. (hereinafter “Fiat Canada”), on behalf of all persons in Canada who have purchased and/or leased and/or or own one of the following Fiat vehicles:

All Fiat 500 models from 2011 onward, including, but not limited to:
Fiat 500
Fiat 500C
Fiat 500L
Fiat 500X
Fiat 500 Abarth

(hereinafter collectively the “Fiat Vehicles”)

It is alleged in the action that the Fiat Vehicles have defective car door handles (on both the driver and passenger sides), which frequently jam or break off, thus blocking that car door shut.

This class action alleges that Fiat Canada leased and sold the Fiat Vehicles whereas their car door handles were not adequately designed and/or manufactured, which constitutes an important design defect. Since the car doors are prone to jam shut with little notice, this renders the vehicles unsafe for the occupants, who cannot exit in a timely fashion in case of a emergency or should an accident occur.

Accordingly, if you live in Canada and you have purchased and/or leased and/or own a Fiat vehicle, including without limitation the Fiat 500, Fiat 500C, Fiat 500L, Fiat 500X, Fiat 500 Abarth or another Fiat 500 model (all from the years 2011 onward), then you may be part of the proposed Class defined by the class action initiated by our office.

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

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Apple 2011 MacBook Pro – Quebec Class Action Authorized

Oct 2017

By Judgment rendered on November 24, 2016 and rectified on December 22, 2016, the Honourable Mr. Justice Peacock of the Superior Court of Québec authorized the bringing of a class action against Apple Canada Inc. and Apple Inc. (hereinafter collectively “Apple”) and ascribed the status of representative to Mr. René Charbonneau to act on behalf of the following Class Members:

All persons in Quebec, who purchased and/or own a 2011 MacBook Pro Laptop with a 15 inch or 17 inch screen which has suffered or suffers from a Graphic Defect, or any other Group(s) or Sub Group(s) to be determined by the Court; and

All persons, who purchased in Quebec a 2011 MacBook Pro Laptop with a 15 inch or 17 inch screen which has suffered or suffers from a Graphic Defect, … manufactured, distributed, sold or otherwise put onto the marketplace by the Respondents or any other Group(s) or Sub-Group(s) to be determined by the Court;

A “Graphics Defect” is a graphical anomaly or defect which could be but does not have to be: severe screen distortion, pixilation, graphical artifact or ghosting.

For more details, click here.

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Commentaire sur la décision Jean-Paul c. Uber Technologies inc. – Une preuve par inférence au stade de l’autorisation d’une action collective

Apr 2017
Charlotte Grenier

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.

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Commentaire sur la décision Charles c. Boiron Canada inc. – Le processus d’autorisation d’une action collective réduit au domaine ordinaire de l’irrecevabilité ou de l’abus?

Dec 2016
David Assor Charlotte Grenier

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.

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Toyota Canada – Tacoma, Tundra and Sequoia – Rusty Frame – National Class Action Settlement

Nov 2016

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:

Toyota Tacoma (2005 to 2010) (hereinafter ” Tacoma “);
Toyota Tundra (2007 and 2008) (hereinafter ” Tundra “);
Toyota Sequoia (2005 to 2008) (hereinafter ” Sequoia “);

(hereinafter collectively the « Toyota vehicles »)

This class action alleges that Toyota leased and sold the Toyota vehicles when their frames were not adequately treated against rust corrosion, which constitutes an important design defect. Since the frames are prone to premature and excessive rust corrosion, this renders the vehicles unstable and unsafe for the passengers.

The owners or lessees of the Toyota vehicles have also suffered or will also suffer a significant decrease in the value of their vehicle (including the resale value) due to this significant defect, unless the frame of their vehicle is repaired or replaced.

Accordingly, if you have purchased and/or leased and/or own a Toyota Tacoma (2005 to 2010), a Toyota Tundra (2007-2008) and/or a Toyota Sequoia (2005 to 2008), 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.

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Toyota - Tacoma, Tundra and Sequoia - Rusty Frame - National Class Action Launched

Nov 2016

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:

Toyota Tacoma (2005 to 2010);
Toyota Tundra (2007 and 2008);
Toyota Sequoia (2005 to 2008);

(hereinafter collectively the « Toyota vehicles »)

Toyota recently admitted that the frames of the Toyota vehicles were prone to excessive and premature rust corrosion because the said frames were not properly prepared and treated against rust corrosion when manufactured. This class action alleges that Toyota leased and sold the Toyota vehicles when their frames were not adequately treated against rust corrosion, which constitutes an important design defect. Since the frames are prone to premature and excessive rust corrosion, this renders the vehicles unstable and unsafe for the passengers.

For more details, click here.

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HP OfficeJet Printers – Dynamic Security / Non-HP Ink Cartridges – Canadian Class Action Settlement

Sep 2016

APPROVED CLASS ACTION SETTLEMENT

HP OfficeJet Printers Dynamic Security Canadian Settlement

A 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:

HP OfficeJet Pro 6230
HP OfficeJet 6812, 6815, 6820
HP OfficeJet Pro 6830, 6835, 8610, 8615, 8616, 8620, 8625, 8630
HP OfficeJet Pro X551dw, X451dn, X451dw, X576dw, X476dn, X476dw

WHAT CAN I GET?

To get compensation from the Settlement, you must be a Class Member who experienced a print interruption while using a non-HP replacement ink cartridge in a Class Printer between March 1, 2015 and December 31, 2017. You may get reimbursed for expenses you incurred as a result of the print interruption. If you provide documentation supporting your claim, these expenses may include the costs of a replacement cartridge, a replacement printer, or printing or printer repair services.

You can also submit a claim for out-of-pocket losses, without providing any documentation, if you spent time or money in response to this print interruption. Documented claims for out-of-pocket losses resulting from such print interruptions will be paid first. If the sum of all documented claims does not exceed the Settlement CAP of $700,000, then undocumented claims will be paid up to a maximum compensation of $50 per claim. However, if the sum of all undocumented claims at $50 per claim, when added to the sum of all documented claims, exceeds the Settlement CAP, the undocumented claims will be proportionally reduced—i.e., the actual amount of each undocumented claim will be reduced according to the percentage by which the value of all such claims exceeds the Settlement CAP. All Claimants must timely submit a duly completed and valid claim form to be able to obtain any compensation.

Only one (1) claim per civic address will be considered by the Claims Administrator. If the Claimant wishes to present more than one (1) claim per civic address, the Claimant must provide the serial numbers for the printers at issue, unless HP already has product registration records indicating more than one printer for the same Claimant or same civic address.

Note: For all Claimants, and according to the Law, there will be an automatic deduction from said Quebec claims of the portion due to the Fonds d’aide aux actions collectives (the Quebec Class Action Assistance Fund).

HOW DO I SUBMIT A CLAIM?

To get a compensation, you must submit a claim no later than June 28, 2019.

You can submit a claim online at www.hpprinterfirmwarelawsuitcanada.ca.

You can also submit a claim by email at [email protected] or by mail at Nelson P.O. Box 20187 – 322 Rideau Street, Ottawa ON K1N 5Y5. Mailed claim forms must be postmarked by Canada Post no later than June 28, 2019.

You can contact the Claims Administrator to request a paper claim form by calling toll-free 1-833-414-8039 or emailing [email protected].

ADDITIONAL INFORMATION

This is a summary. For more information about your rights and options, or to obtain a copy of the Settlement Agreement or Claim Form visit www.hpprinterfirmwarelawsuitcanada.ca. You may also contact our firm or contact the Claims Administrator as follows:

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)”):

HP Officejet 6100 ePrinter – H611a (CB863A)
HP Officejet 6600 e-All-in-One Printer – H711a/H711g (CZ155A)
HP Officejet 6600 e-All-in-One Printer – H711a/H711g (CZ162A)
HP Officejet 6700 Premium e-All-in-One Printer – H711n (CN583A)
HP Officejet 7110 Wide Format ePrinter – H812a (CR768A)
HP OfficeJet 7510 Wide Format All-in-One Printer (G3J47A)
HP Officejet 7610 Wide Format e-All-in-One Printer (CR769A)
HP Officejet 7612 Wide Format e-All-in-One (G1X85A)
HP OfficeJet 6812 e-All-in-One
HP OfficeJet 6815e All-in-One
HP OfficeJet Pro 6230 e
HP OfficeJet Pro 6830 e-All-in-One
HP OfficeJet Pro 6835 e-All-in-One
HP Officejet Pro X451dn Printer (CN459A)
HP Officejet Pro X451dw Printer (CN463A)
HP Officejet Pro X456dn
HP Officejet Pro X456dw
HP Officejet Pro X476dn Multifunction Printer (CN460A)
HP Officejet Pro X476dw Multifunction Printer (CN461A)
HP Officejet Pro X551dw Printer (CV037A)
HP Officejet Pro X576dw Multifunction Printer (CN598A)
HP OfficeJet Pro 251dw
HP OfficeJet Pro 276dw
HP OfficeJet Pro 8100 e – N811a/N811d
HP OfficeJet Pro 8600 e-All-in-One – N911a
HP OfficeJet Pro 8600 Plus e-All-in-One – N911g
HP OfficeJet Pro 8600 Premium e-All-in-One
HP OfficeJet Pro 8610 e-All-in-One,
HP OfficeJet Pro 8615 e-All-in-One,
HP OfficeJet Pro 8620 e-All-in-One

and

all persons in Canada who purchased third-party non-HP cartridges that were compatible with the HP Printers before September 13, 2016, whether for personal use or for resale and distribution to others (excluded are any such compatible third-party non-HP cartridges which have been fully used up and/or depleted without the printer rejecting said cartridge or displaying an error message);

On or about September 13, 2016, many HP Printer owners in Canada started experiencing technical problems with their HP Printers. The said printers stopped recognizing and accepting third-party ink cartridges (i.e. ink cartridges which had not been manufactured by HP but which were compatible with the HP Printers before September 13, 2016) and sometimes displayed various error messages.

This class action alleges that HP intentionally planned to program (through firmware update(s)) the rejection of all third party ink cartridges, including third party ink cartridge which had already been purchased and installed by HP Printer’s owners and which were already properly working in their printers until September 13, 2016, the whole without the knowledge or consent of HP’s customers.

Accordingly, if you have purchased or own an HP Officejet Printer or if you purchased third-party non-HP cartridges that were compatible with the HP Officejet Printers before September 13, 2016, whether for personal use or for resale and distribution to others, 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.

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.

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SETTLEMENT - The Toronto-Dominion Bank (TD) - TD Travel Credit Cards - TD Points - Quebec Class Action

Jul 2016

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.

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