News

Jul 2015

On October 27, 2016, the Superior Court of Quebec approved the settlement in this file.

A copy of the Settlement Approval Judgment is available on this page.

________________________________________________________________________________________________________________

July 21, 2016

PLEASE READ THIS NOTICE ATTENTIVELY SINCE YOUR RIGHTS AND RECOURSES MAY BE AFFECTED BY A PROPOSED CLASS ACTION SETTLEMENT

If you are a person in the Province of Quebec (Canada) who is a primary cardholder or an additional cardholder of one or more of the following TD Travel Cards:
  • “TD First Class Travel Visa Infinite Card”
  • “TD Platinum Travel Visa Card”
  • “TD Classic Travel Visa Card”
  • “TD Business Travel Visa Card”
(the “Putative Class Members”), your rights could be affected by a proposed class action settlement. On July 21, 2016, the Superior Court of Quebec authorized the class action for settlement purposes only concerning the Putative Class Members (the “Class Action”). The Parties have reached a settlement which is subject to the approval of the Court (the “Settlement Agreement”, a copy of which is available on this web page), without any admission of liability. The Superior Court of Quebec will hold a hearing on October 27th, 2016 at 9:00 AM, in room 15.07 of the Montréal Courthouse located at 1 Notre-Dame Street East in Montréal, to determine whether it will approve the Settlement Agreement. You may attend the hearing if you wish but you have no obligation to do so. If you agree with the proposed settlement and wish to be bound by said settlement, you have nothing at all to do.  

SETTLEMENT AGREEMENT SUMMARY

As per the Settlement Agreement, the Respondent agrees to maintain and apply the Redemption Value of 10,000 TD Points equal $50 in travel savings (or 200 TD Points equal $1 in travel savings) to an Eligible Account on a Book Any Way Travel Purchase (also known as “Other Travel Providers” hereinafter “Book Any Way Travel Purchase”) for an on-going period ending on August 31st, 2017 inclusively (the “Eligible Period”).  Until that date, you will be able to continue to redeem any TD Points you may have accumulated at said Redemption Value.  All existing terms and conditions of the TD Travel Rewards Program, detailing how and under what circumstances you may redeem TD Points, remain applicable. At the end of this Eligible Period, namely as of September 1st, 2017, the following New Redemption Value will apply to all Eligible Accounts for any remaining outstanding TD Points on your account, for Book Any Way Travel Purchases:  

TD Points Redeemed

on a Book Any Way Travel Purchase

New Redemption Value

-First 300,000 TD Points on a Book Any Way Travel Purchase

10,000 TD Points = $40 in travel savings or 250 TD Points = $1 in travel savings

-Next 300,000 or more TD Points on the same Book Any Way Travel Purchase

10,000 TD Points = $50 in travel savings or 200 TD Points = $1 in travel savings

You should therefore take note of this Eligible Period in order to be able to redeem your TD Points at the Redemption Value before September 1st, 2017 for Book Any Way Travel Purchases.  You have no obligation to redeem any TD Points before September 1st, 2017 but as mentioned, as of that date, all your accumulated TD Points will be subject to the New Redemption Value for Book Any Way Travel Purchases detailed in the table above. The Respondent also agrees to pay Petitioner’s Class Counsel the Class Counsel Fees as detailed in the Settlement Agreement.  These Class Counsel Fees will not affect your account. In consideration of the Settlement Agreement, the Respondent will receive from you and the other Putative Class Members a full release of any and all claims made in Petitioner’s Amended Application for Authorization of a Class Action.  

RIGHT OF EXCLUSION (Opt Out)

If you do not wish to be bound by this Class Action and Settlement Agreement, you must send, by no later than October 6th, 2016 (the “opt out deadline”), to the clerk of the Superior Court of Quebec a duly signed request of exclusion containing all of the following information:
  1. The name and Court docket number of this case, which is: Medalsy vs. The Toronto-Dominion Bank (500-06-000750-154);
  2. Your name, address, phone number(s) and email address(es) (if you have one), name of the TD Travel Card issued, account number, and the total balance of TD Points in your account (if known);
  3. Specific confirmation that you wish to exclude yourself (opt out) of the Class Action and the Settlement Agreement in this case.
The request for exclusion (opt out) must be sent by registered or certified mail (with a copy to our firm) at the following address: Greffe de la Cour supérieure du Québec PALAIS DE JUSTICE DE MONTRÉAL 1 Notre-Dame Street East Room 2.120 Montreal (Quebec) H2Y 1B5 If you opt-out from this Class Action and Settlement Agreement, you will not be eligible to receive the benefits of this Settlement Agreement and, therefore, the New Redemption Value detailed in the table above will be applicable to your account without further notice. Should you opt-out you will therefore be solely responsible for ensuring and prosecuting your own rights and recourses at your own costs and within any applicable legal delays.

RIGHT TO OBJECT OR TO MAKE ARGUMENTS

WITH REGARD TO THE SETTLEMENT 

The Parties’ attorneys will make representations to the Court in support of the Settlement Agreement at the above mentioned settlement approval hearing. If you wish, you can also come to Court to present your arguments or objections (Right to Object) with regard to the Settlement Agreement.  You have no obligation to do so. To exercise your Right to Object, you must submit a signed objection notice on or before October 6th, 2016 at the latest. Your notice must briefly state your name, contact information, the reasons why you object, whether your intent is to be present in Court during the settlement approval hearing on October 27th, 2016, and if you intend to be represented by independent counsel (providing the name and contact information of said counsel if known). The objection notice must be sent to our firm by no later than October 6th, 2016.  However, if you agree with the proposed settlement and wish to be bound by said Settlement Agreement, you have no obligation to submit any notices whatsoever and you have no obligation to be present at the hearing. The complete terms of the Settlement Agreement and of the Notices to class members are available on this page. In case of discrepancies between this page and/or the Notices and the Settlement Agreement, the Settlement Agreement shall prevail.     ________________________________________________________________________________________________________________________ LEX GROUP Inc. has launched a national class action lawsuit against The Toronto-Dominion Bank (hereinafter “TD”), on behalf of all Canadians who, on August 16, 2015: – are/were a Primary Cardholder or Authorized User of one of the following TD Travel Credit Cards: a)     the “TD First Class Travel Visa Infinite Card”; b)     the “TD Platinum Travel Visa Card”; c)     the “TD Classic Travel Visa Card”; d)     the “TD Business Travel Visa Card”; (hereinafter collectively the “TD Travel Card(s)”); and –  had earned and accumulated (but not yet redeemed) TD Points on their said TD Travel Card;   The class action proceedings allege that in June/July 2015, TD decided to unilaterally modify the Cardholder Agreements governing the TD Travel Cards (and the TD Travel Rewards Program) in order to reduce the value of the Cardholders’ TD Points earned and accumulated before August 16, 2015. In this regard, before August 16, 2015, TD Points could be redeemed off the cost of Travel Purchases at a value of $50 for each 10,000 TD Points increments, or $1 for 200 TD Points. However, as of August 16, 2015, TD reduces the redemption value from $50 to 40$ for each 10,000 TD Points increments, when making Travel Purchases with third-party providers other than TD’s own “Expedia for TD” service. Accordingly, if you are a Primary Cardholder or an Authorized User of one of the above-listed TD Travel Cards, with TD Points accumulated before August 15, 2015, 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 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.
Jul 2015

Lex Group has launched a national false advertising class action regarding Johnson & Johnson’s Baby Bedtime line of products.  For more details, click here.

Jul 2015

SETTLEMENT:

A settlement has been reached (and approved by the Superior Court of Quebec on March 23, 2018) in a class action lawsuit about the labeling and packaging of some of Johnson & Johnson’s Bedtime Bath Products. The plaintiff in the lawsuit claimed that Johnson & Johnson mislabeled its Bedtime Bath Products by describing certain Bedtime Bath Products as “clinically proven” to help a baby sleep better. A negotiated settlement was reached whereby eligible residents of Canada may claim a cash refund of up to $3.00 per eligible product purchased, to a maximum of five (5) eligible products. No proof of purchase is required. You are eligible to make a claim if you purchased one of the following eligible products, in Canada, during the period starting July 1, 2010. Eligible Johnson & Johnson Baby Bedtime Bath Products include:
  • Johnson’s Baby BEDTIME Lotion
  • Johnson’s BEDTIME Baby Lotion
  • Johnson’s Baby BEDTIME Bath
  • Johnson’s BEDTIME Baby Bath
  • Johnson’s BEDTIME Bubble Bath
  • Johnson’s Baby BEDTIME Bubble Bath and Wash
  • Johnson’s Baby BEDTIME Wash
  • Johnson’s BEDTIME Baby Moisture Wash
  • Johnson’s BEDTIME Touch Massage Gel

Who can receive benefits under this class action?

You may be a Class Member and entitled to receive a cash refund under the settlement agreement if:
  • You are a Canadian resident, and;
  • You purchased one of the eligible products listed above, and;
  • You purchased the eligible product in Canada, and;
  • Your purchase was made since July 1, 2010.

What type of benefit may you be eligible for?

A Class Member is eligible to receive a cash refund of up to $3.00 per eligible product purchased, to a maximum of five (5) eligible products per household. No proof of purchase is required. A detailed notice, as well as the Settlement Agreement and other documents filed in this lawsuit can be found on this page. ____________________________________________________________________________________________ LEX GROUP Inc. has launched a national class action lawsuit against Johnson & Johnson Inc. and Johnson & Johnson (hereinafter collectively “J&J”), on behalf of Canadians who have purchased one of J&J’s Baby BEDTIME line of products, including without limitation the following:
  • Johnson’s ® Baby BEDTIME ® Lotion
  • Johnson’s ® Baby BEDTIME ® Bath
(hereinafter collectively the “Baby Bedtime Products”). J&J has marketed its Baby Bedtime Products as clinically proven to help babies sleep better through the night. The class action proceedings allege that J&J engaged in deceptive, misleading, false, and/or unfair advertising when promoting their Baby Bedtime Products as having the ability to help babies go to sleep easier and sleep better through the night. Moreover, the proceedings allege the use by J&J of deceptive and misleading clinical studies and claims in its marketing of the Baby Bedtime Products. Accordingly, if you have purchased one of the Baby Bedtime Products mentioned above, 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 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.
Dec 2014

Lex Group has launched a national class action regarding Apple’s 15 and 17 inch 2011 MacBook Pro Laptops, equipped with an Advanced Micro Devices (AMD) graphics processing unit (GPU).  For more details, click here.

Dec 2014

TAKE NOTICE that, by Revised Rectified Authorization Judgment rendered on October 4, 2018, 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:
  1. All persons in Quebec, who purchased and/or own a 2011 MacBook Pro  Laptop with a 15 inch or 17 inch screen;
  2. All persons, who purchased in Quebec a 2011 MacBook Pro Laptop with a 15  inch or 17 inch screen;
Further notice has been ordered by the Court, which will eventually be posted on this page.  The prior notices published are still available on this page. _____________________________________________________________________________________   TAKE NOTICE that, 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:
  1. 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 
  1. 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. This class action will be brought in the district of Montreal. If you wish to exclude yourself from the class action, you have to notify the clerk of the Superior Court of the district of Montreal no later than December 29, 2017, by registered or certified mail to the following address (with a copy to [email protected]): Superior Court of Québec, 1 Notre-Dame street East, Montreal, Québec, Canada, H2Y 1B6 You must state that you wish to exclude yourself from the class action Charbonneau v. Apple Canada Inc. et al. (case number 500-06-000722-146). The date after which a Class Member can no longer request his exclusion from the class, unless specifically authorized by the Court, is December 29, 2017.  A Class Member who has not requested his exclusion is bound by any judgment that may be rendered in the class action to be instituted in the manner provided for by law. If you wish to be included in the class action, you have nothing to do. For further information about this class action, consult the information and documents posted on this page or contact our firm. ____________________________________________________________________________________________  

On November 24, 2016, the Superior Court of Quebec authorized the class action on behalf of all person in Quebec who purchased and/or own  a 15 or 17 inch 2011 MacBook Pro Laptop (equipped with an Advanced Micro Devices (AMD) graphics processing unit (GPU)) (hereinafter the “2011 MacBook Pro”) AND on behalf of all persons in Quebec who purchased such a 2011 Macbook Pro.

Please review the authorization judgment (available on this website) for the full details.

__________________________________________________________________________________________________________

LEX GROUP Inc. has launched and is pursuing a national class action against Apple Canada Inc. and Apple, Inc. (collectively “Apple”), concerning Apple’s 15 and 17 inch 2011 MacBook Pro Laptops equipped with an Advanced Micro Devices (AMD) graphics processing unit (GPU) (hereinafter the “MacBook Pro”). The class action alleges that the MacBook Pro was affected by a design/manufacturing defect and suffered from graphical issues, including severe screen distortion, pixilation, graphical artifacts, and ghosting, that often precipitated the system shutting down or failing completely. It is further alleged that Apple failed to reimburse owners for out of pocket repair costs incurred in an attempt to solve said graphical issues, including the cost to replace the MacBook Pro’s logic board (main circuit board). Accordingly, if you own or owned an Apple 15 inch or 17 inch 2011 MacBook Pro Laptop, you MAY be part of the proposed Canadian Class defined by the class action initiated by our office.  Should you be a member of the class defined in this Canadian Class Action, you may be entitled to compensation should the Court authorize the class action or should a settlement be reached (and approved by the Court). Please visit this website periodically, in order to be kept informed and determine if the proposed Canadian class action has been authorized, if a final judgment has been rendered by the Court, or if any settlement has been reached (which must be approved by the Court). Please fill out the form below in order 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 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.
Sep 2014

Lex Group has launched a national class action regarding prescription drugs Risperdal and Invega.  For more details, click here.

Sep 2014

BE ADVISED THAT ON JANUARY 7, 2015, THE SUPERIOR COURT OF QUEBEC ORDERED THE SUSPENSION OF THE PRESENT QUEBEC (RISPERDAL/INVEGA) CLASS ACTION FILE, WHILE A SIMILAR NATIONAL CLASS ACTION PROCEEDS IN THE PROVINCE OF ONTARIO.   Important Notices (December 21, 2017): The proposed class action proceeding in the Province of  Quebec (Canada) was amended in an important respect (a copy of the Corrected Amended Application for Authorization is posted on this page in PDF format). The action is now limited to individuals suffering from gynecomastia and hyperprolactinemia only.   Previously, the action included claims for other injuries such as weight gain and tardive dyskinesia.  This is no longer the case.  If you have a claim based on tardive dyskinesia or weight gain or anything else (other than gynecomastia or hyperprolactinemia) it is important that you commence your own legal action in a timely basis and before any applicable limitation period expires.  Almost all law suits must be commenced within a fixed period of time.  The commencement of a proposed class action suspended that time from running.  However, now that the proposed class action is no longer pursuing claims for the other damages, including tardive dyskinesia or weight gain, the time has begun to run again.  If this fixed time period expires before your action is commenced, your claim will expire and you will not be able to make the claim in the future.  We strongly recommend that you consult with independent counsel immediately with a view to commencing your action now. The second significant change is concerning the Ontario action: the Ontario Statement of Claim had previously sought to include users of generic risperidone but the Court in Ontario has ordered the Ontario Plaintiffs to remove all claims regarding generic risperidone.  A copy of the most recent Statement of Claim in the Ontario proceedings is posted on this page in PDF format. _________________________________________________________________________________________   Important Notice Regarding the Ontario Proceedings:  As of July 24, 2015, the proposed class action proceeding in the Province of Ontario (Canada) was amended in two important respects (a copy of the Ontario Order is posted on this page in PDF format). First, the action is now limited to individuals suffering from gynecomastia and hyperprolactinemia only.  Previously, the Ontarian action included claims for other injuries such as weight gain and tardive dyskinesia.  This is no longer the case.  If you have a claim based on tardive dyskinesia or weight gain or anything else (other than gynecomastia or hyperprolactinemia) it is important that you commence your own legal action in a timely basis and before any applicable limitation period expires.  Almost all law suits must be commenced within a fixed period of time.  The commencement of a proposed class action suspended that time from running.  However, now that the proposed Ontario class action is no longer pursuing claims for the other damages, including tardive dyskinesia or weight gain, the time has begun to run again.  If this fixed time period expires before your action is commenced, your claim will expire and you will not be able to make the claim in the future.  We strongly recommend that you consult with independent counsel immediately with a view to commencing your action now. The second significant change in the Ontario action is that the claim has been clarified to explicitly include users of generic risperidone, who like users of Risperdal, were not warned about the risks of developing gynecomastia and hyperprolactinemia.  Many individuals who thought they were taking Risperdal were, in fact, taking generic risperidone.  Some people may have been taking one or the other at different times without knowing it. The Ontario claim now alleges that the manufacturers of Risperdal should have warned users of generic risperidone about the risks of gynecomastia and hyperprolactinemia. __________________________________________________________________________________ Risperdal is an antipsychotic available in numerous forms, mainly used to treat schizophrenia, bipolar disorder, dementia, and/or other conditions.  Risperdal is made and marketed by Janssen.  It has been alleged that Janssen targeted children and adolescents for the use of Risperdal but did not adequately warn of the danger of developing gynecomastia (enlarged breasts in men) and other adverse effects. If you took Risperdal and you developed gynecomastia or another adverse effect detailed in the motion for authorization filed (copy available on this webpage), then you MAY be part of the proposed Class defined by the class action initiated by our office.  Should you be a member of the class defined in this Class Action, you may be entitled to compensation should the Court authorize and grant a favorable final judgment in the class action or should a settlement be reached (and approved by the Court). Please visit this website periodically, in order to be kept informed and determine if the proposed class action has been authorized, if a final judgment has been rendered by the Court, or if any settlement has been reached (which must be approved by the Court). Please fill out the form below in order 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 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.
Jul 2014

On June 1, 2016, the Superior Court of Quebec approved the settlement in this file.

A copy of the Settlement Approval Judgment is available on this page.

__________________________________________________________________________________________________________________________________________________________________

PLEASE READ THIS NOTICE ATTENTIVELY SINCE YOUR RIGHTS AND RECOURSES MAY BE AFFECTED BY A PROPOSED SETTLEMENT

Without any admission of wrongdoing or liability on the part of the respondent the Lachine Hospital, the parties have reached an agreement to settle this class action. The advantages conferred upon the class members and set out in the settlement agreement may be summarized as follows, subject to withholdings by the Fonds d’aide aux recours collectifs: – Each Class Member who underwent a Blood Test that did not diagnose any illness and who advised the Lachine Hospital of these results will receive $500. – Each Class Member who, because of the date of their surgery, had to undergo a second Blood Test that did not diagnose any illness and who advised the Lachine Hospital of these results, will receive an additional compensation of $250. – A Class Member who can establish that he or she underwent a Blood Test between April 1, and July 29, 2014 at a private clinic or at another medical facility that did not diagnose an illness and who did not advise the Lachine Hospital of these results will be entitled to $500. – A Class Member who can establish that because of the date of his or her surgery, he or she underwent a second Blood Test between June 1, 2014 and September 30, 2014 that did not diagnose an illness and who did not advise the Lachine Hospital of these results will receive an additional compensation of $250. The complete terms of the settlement agreement and of the notices to class members are available on this page. This settlement agreement will be submitted to the Honourable Justice Guylène Beaugé of the Superior Court of Québec on May 27, 2016, at 9:30 a.m., in Room 15.07 of the Montreal Courthouse, 1 Notre-Dame Street East, Montreal, Québec, for her approval. Justice Beaugé will also be asked to authorize the class action solely for the purpose of approving the settlement agreement. You have nothing to do if you wish to be bound by the settlement and the eventual judgment of the Court approving same. Objection Process If you wish to contest the approval of this settlement agreement, you must submit a signed objection notice on or before May 20, 2016 at the latest. Your notice must briefly state your name, contact information, the reasons behind your objection, whether you intend to be present at the court hearing on May 27, 2016, and if you intend to be represented by independent counsel (providing the name and contact information of said counsel if known). Opt-out Process If you wish to opt-out of the settlement of this class action, you must submit a signed opt-out notice (by mail, fax or e-mail) by July 6, 2016. This notice MUST include the following information:
  • Your full legal name; and
  • Your full home address; and
  • Your telephone number(s); and
  • Your e-mail address (optional); and
  • Specifically confirm that your wish to “opt-out from the Lachine Hospital Bariatric Surgery Class Action Settlement” (or other equivalent language).
If you opt-out from the settlement, you will not be eligible to receive the benefits mentioned above. If you opt-out, you should be aware that there are strictly enforced time limits within which you must take formal legal action to pursue your claim. By opting out, you will take full responsibility for taking all necessary legal steps to protect your claim. These notices must be sent to the attorney acting on behalf of the class, Mtre David Assor, at: Mtre David Assor Lex Group Inc. 4101 Sherbrooke Street West Westmount, QC, H3Z 1A7 Email: [email protected] Fax: (514) 875-8218

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  LEX GROUP Inc. has launched and is pursuing a class action on behalf of all persons who underwent a surgical procedure at the Lachine Hospital wherein one or many of the instruments used in the said procedure were not properly sterilized, and who were sent a letter from Lachine Hospital in or around April 2014 confirming that the cleaning process of said instrument(s) used during the surgical procedure was incomplete. In fact, a liver retractor which has multiple moving parts and/or sections, was improperly cleaned, leaving behind incrusted blood and/or other human tissue and fluid from previous patients. As a result, patients may have contracted diseases such as HIV and Hepatitis B or C, which could have been avoided had the Lachine Hospital properly completed the cleaning process of the instruments used during their surgeries. If you underwent a surgical procedure at the Lachine Hospital wherein one or many of the instruments used in the said procedure were not properly sterilized, you may be included in this class action, and you may be entitled to compensation should the case be successful in the future by way of final judgment or settlement 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 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.
Jul 2014
David Assor

The authors comment on a decision in which the Superior Court confirmed that a registered trade-mark in the English language, without a French version, used in public signs and commercial advertising, must not be accompanied by a descriptive generic term in French in order to respect the Charter of the French Language and the Regulation respecting the language of commerce and business.

Note: The article is written in French.

Apr 2014
David Assor

The author comments on a decision in which the Superior Court permitted the Plaintiff to attempt to prove the existence of a verbal contract with his former common law spouse, namely the existence of a prête-nom agreement, by way of his oral testimony alone, the whole based on Article 2861 of the Civil Code of Québec and notwithstanding the fact that the value in dispute exceeded $ 1,500.

Note: The article is written in French.