News

Jul 2019
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.[

Feb 2019
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.

Nov 2018

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.

Jun 2018

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.

May 2018

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 .

 

Apr 2018

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.

Mar 2018

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.

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.

Feb 2018

NOTICE OF PROPOSED CLASS ACTION SETTLEMENT

NISSAN CANADA INC. DATA INCIDENT CLASS ACTION

THIS IS A FORMAL NOTICE OF A PROPOSED SETTLEMENT OF CLASS ACTIONS OF WHICH YOU MAY BE A MEMBER OF THE CLASS. PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR RIGHTS.

This notice is for all persons in Québec: (i) whose personal or financial information held by Nissan Canada Inc. (“Nissan”) was compromised in a data breach of which Nissan was advised by the perpetrators by email on December 11, 2017, or (ii) who received a letter from Nissan on or about January 2018 informing them of such data breach (“Québec Class” or “Québec Class Members”).

 

PROCEEDINGS

On April 28, 2021, a class action was authorized against Nissan in the matter of Levy v. Nissan Canada Inc., Superior Court of Quebec Court File No.: 500-06-000907-184 relating to a data security incident (the “Data Incident”) occurring on or about December 11, 2017 (the “Québec Action”). Nissan denies any wrongdoing, and no court has concluded to any wrongdoing by Nissan. The parties have instead decided to settle the lawsuit.

This Notice is to inform you that a proposed settlement has been reached in the Québec Action as well as in a certified class action lawsuit in Ontario against Nissan, Nissan Canada Financial Services Inc./Services Financiers Nissan Canada Inc. and Nissan North America, Inc. in the matter of Grossman and Arntfield v. Nissan Canada Inc., c.o.b. as Nissan Canada Finance and c.o.b. as Infiniti Financial Services Canada, Nissan Canada Financial Services Inc., Services Financiers Nissan Canada Inc. and Nissan North America, Inc., Ontario Superior Court of Justice Court File No. CV-18-00590402-00CP (the “Ontario Action”).

The proposed settlement applies to Québec Class Members as well as class members in the Ontario Action (“Settlement Class” or “Settlement Class Members”).

PROPOSED SETTLEMENT AGREEMENT

Nissan has agreed to provide, without any admission of liability, a capped settlement fund of CAD $1,820,000.00 to pay Settlement Class Member claims.

  1. Documented Claims: Settlement Class Members who have suffered damages, losses, costs and/or unreimbursed expenses caused by the Data Incident (including as a result of having received a letter informing them of the Data Security Incident in the Québec Action) and who submit a claim form evidencing (i) their membership in the Settlement Class; and (ii) documented damages incurred as a result of the Data Incident (including as a result of having received a letter informing them of the Data Security Incident in the Québec Action), would be eligible for the reimbursement of such damages up to CAD $2,500, less the levy payable to the Fonds d’aide aux actions collectives, which is equal to 2% for any claim that is less than $2,000 or 5% for any claim exceeding $2,000.
  2. Undocumented Claims: Settlement Class Members who do not have documentation or proof of damages and who submit a claim form establishing their membership in the Settlement Class would be entitled to CAD $35 for reimbursement of lost time, less 2% for the levy payable to the Fonds d’aide aux actions collectives.

If the total amount of claims to Settlement Class Members exceeds the total amount allocated for either the Documented Claims or the Undocumented Claims, the individual payments to Settlement Class Members may be reduced on a pro rata basis (proportionally).

A copy of the settlement agreement and other related documentation is available online at www.nissandatasettlement.com.

SETTLEMENT AGREEMENT APPROVAL HEARING

Before the Settlement Agreement becomes effective, the Superior Court of Québec (the “Court”) must approve both the Settlement Agreement and the fees and expenses of class counsel, Lex Group Inc. (“Class Counsel”). The Court will review them to ensure that they are fair, reasonable and in the best interests of Class Members. You have nothing to pay.

The Approval Hearing will take place on June 6, 2024 at 9:30 A.M. before the Court, at the Montreal Courthouse, 1 Notre‐Dame Street East, in Montréal, Québec, Canada, in room 16.06.

Room 16.06 – 9 :30 AM – June 6 2024:

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ID de conférence : 591 630 716#

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[email protected] ID de la conférence VTC : 1173094864

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At this hearing, the Court will hear any objection(s) raised by Settlement Class Members with respect to the proposed Settlement Agreement, in accordance with the deadlines and procedure set forth in the Settlement Agreement. Settlement Class Members who do not oppose the proposed settlement are not required to attend this hearing or to take any action to indicate that they intend to be bound by it.

 

If you are a Settlement Class Member and do not object to the settlement, you do NOT have to do anything and you do NOT have to attend the settlement approval hearing.

AM I A CLASS MEMBER?

You are a Settlement Class Member if you are a Québec resident and correspond to one of the two following categories:

  1. Your personal or financial information held by Nissan was compromised in the Data Incident;

OR

  1. You received a letter from Nissan on or about January 2018 informing you of such Data Incident.

 

WHAT ARE MY OPTIONS?

If you are a Settlement Class Member, you have the following two (2) options:

  1. Do nothing. If you do nothing, you will stay in the Class Action and be bound by the Settlement Agreement, if approved by the Court. If the Settlement Agreement is approved, you will then be eligible to participate in the settlement and make a valid claim before [100 days from the first dissemination of the Approval Notice] in order to obtain compensation for a Documented Claim of up to $2,500 (less the levy payable to the Fonds d’aide aux actions collectives) if you provide documentary evidence of your losses, or an Undocumented Claim of up to $35 if you do not have such evidence (less the levy payable to the Fonds d’aide aux actions collectives); or
  2. Object to or comment on the settlement if you disagree with the Settlement Agreement. To object to or comment on the Settlement Agreement, refer to the next section.

 

Note that Québec Class Members who have already excluded themselves from the Québec Action (opted-out) cannot object to or comment on the Settlement Agreement and will not be eligible to participate in the settlement, if approved.

 

WHAT IF I DISAGREE WITH THE PROPOSED SETTLEMENT?

What should I do if I disagree with the proposed settlement?

If you disagree with the proposed settlement, you can object to or comment on it by completing an objection form setting out the reasons why. The objection form is available online at http://www.nissandatasettlement.com. The objection form must be completed on or before May 30, 2024 and sent to the Court with copy submitted by mail to the Claims Administrator.

You may also attend the Approval Hearing which will take place on June 6, 2024 in order to present your objection to the Court, but are not required to do so. After May 30, 2024, any objections must be made in person at the Approval Hearing.

HOW DO I OBTAIN MORE INFORMATION?

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

 

For more information, please contact :

 

Claims Administrator

RicePoint Administration Inc.

Nissan Data Incident Class Action
P.O. Box 3355
London, ON N6A 4K3

 

Class Counsel

Lex Group Inc.

4101 Sherbrooke Street West

Montréal, QC H3Z 1A7

514-451-5500 (ext. 101) / [email protected]

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

The publication of this notice has been authorized by the Superior Court of Quebec.

______________________________________________________________

 

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: 

  1. 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

  1. 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.

Jan 2018

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

  • 2012 to 2019 Fiat 500
  • 2012 to 2019 Fiat 500, Abarth trim line

(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 are in Quebec 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.

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.