News

Nov 2013

Lex Group has launched a national class action regarding the Wacoal Anti-Cellulite iPant shapewear products.  For more details, click here.

Jul 2013

Lex Group is proud to announce the launch of its new website!

Jul 2013

Lex Group has launched a national class action regarding Bayer’s Mirena contraceptive device.  For more details, click here.

Jul 2013

BE ADVISED THAT ON SEPTEMBER 3, 2014, THE SUPERIOR COURT OF QUEBEC ORDERED THE SUSPENSION OF THE PRESENT QUEBEC (MIRENA) CLASS ACTION FILE, WHILE A SIMILAR NATIONAL CLASS ACTION PROCEEDS IN THE PROVINCE OF ALBERTA. LEX GROUP Inc. has launched and is pursuing a national class action on behalf of all Canadian residents who have used the intraunterine contraceptive device known as MIRENA, which device was manufactured, marketed and/or distributed by Bayer Inc. and/or other Bayer companies (hereinafter collectively “Bayer”). MIRENA is a T-shaped contraceptive device that is inserted inside a woman’s uterus.   The present Class Action is concerning migration of the Mirena device and not perforation or embedment of the device.  Migration involves the device leaving the uterus altogether.  Perforation relates to the device making a hole in or piercing the wall of the uterus.  Embedment refers to the device becoming stuck or lodged in the wall of the uterus.  The difference between migration and the other two is important, since we are pursuing claims relating to migration ONLY.  We are NOT pursuing other types of claims regarding the Mirena device.  If migration has occurred, MIRENA must be removed by a healthcare professional, sometimes by means of surgery. Accordingly, if you are using or have used the MIRENA device and may have experienced migration of the device, 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 2013

Lex Group has launched a national class action regarding certain Apple iPhone and iPod Touch models.  For more details, click here.

Jul 2013

The Danone Activia & Danactive National Class Action Settlement has been approved by the Superior Court of Quebec, on behalf of all Canadians. Click here for more details.

Apr 2013

The motion to authorize the class action in this matter was dismissed on October 14, 2015.     LEX GROUP Inc. has launched and is pursuing a national class action against Apple Canada Inc. and Apple, Inc. (hereinafter collectively “Apple”), concerning Apple’s Former Liquid Damage Policy, which was in effect on or before December 31, 2009 for the affected iPhone devices, and on or before June 30, 2010  for the iPod Touch Devices (hereinafter the “Relevant Time Period”). This class action is concerning the following devices: –        iPhone (4Gb, 8Gb, 16Gb); –        iPhone 3G (8Gb and 16Gb); –        iPhone 3Gs (16Gb and 32Gb); –        iPod touch (8Gb,16Gb, and 32Gb); –        iPod touch – 2nd Generation  (8Gb,16Gb, and 32Gb); –        iPod touch – 3rd Generation  (32Gb and 64Gb); (hereinafter the “Class Devices”) It is alleged that during the Relevant Time Period, the Class Devices had been tendered to Apple in Canada for repair or replacement, the whole during the standard one year limited warranty or the extended Apple Care Protection Plan (namely a two (2) year coverage provided by Apple at an additional cost).  It is further alleged that Apple denied to repair or replace said devices under its Former Liquid Damage Policy which provided that if the external Liquid Submersion Indicator located in the headphone jack in all class devices and in the dock-connector housing of the iPhone device had turned from white to either red or pink, Apple would consider this to be a device affected by liquid damage and therefore deny warranty coverage.  However, it is alleged in the proceedings that said external Liquid Submersion Indicators are subject to being triggered by humidity, temperature changes, and for other reasons that do not damage the class devices. Accordingly, if you own or owned one of the Class Devices mentioned above AND you submitted or tendered said device to Apple during the Relevant Time Period mentioned above AND your request for warranty coverage for the repair or replacement was denied due to a triggered external Liquid Submersion Indicator, 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 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).  We note in this regard that on or about April 10, 2013, a settlement was reached concerning similar class action proceedings in the United States of America (which settlement still requires Court approval by the U.S. Courts). 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 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.
Oct 2012
David Assor

The author summarizes the state of the law and principles applicable to a request for permission to examine the Petitioner of a Motion to Authorize the Bringing of a Class Action, before the authorization hearing. The author specifically examines the new jurisprudential trend that seems to have developed since the Judgment rendered by the Court of Appeal in the case of Allstate.

Note: This article is written in French.

Sep 2012

On June 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.

__________________________________________________________________________________________________________________________________________________________________

 

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 respondents, the Lakeshore General Hospital and Dr. Gilles Bourdon, the parties have reached an agreement to settle this class action. The settlement agreement definitively settles the class action in case number 500‑06-00623-120. If the Court approves it, it will have the effect of terminating any and all claims arising from the colonoscopies and its recall that you have or might have had against the respondents. 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:
  • Class members who had a cancer diagnosed during the recall colonoscopy will receive $20,000;
  • Class members who underwent a recall colonoscopy, which did not diagnose a cancer, will receive $500;
  • Patients outside the scope of the recall who, at their request, nevertheless underwent a colonoscopy arranged by the Lakeshore General Hospital during the recall period, which did not diagnose a cancer, will receive $500.
  • Patients who were sent a recall letter but did not undergo a colonoscopy will not receive any indemnity, unless they are able to prove that they underwent a colonoscopy at a private clinic or other medical facility between September 10, 2012 and December 31, 2012;
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 Robert Castiglio of the Superior Court of Québec on June 23, 2016, at 9:30 AM, in Room 15.07 of the Montreal Courthouse, 1 Notre-Dame Street East, Montreal, Québec, for his approval. Justice Robert Castiglio, S.C.J. 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 June 8, 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 June 23, 2016, and if you intend to be represented by independent counsel (providing the name and contact information of said counsel if known). This notice should 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 Telephone: (514) 451-5500 (ext. 321) The Lakeshore General Hospital is now part of the Montreal West Island Integrated University Health and Social Services Centre (IUHSSC). Info-IUHSSC: 514 630-2123.  

_______________________________________________________________

LEX GROUP Inc. has launched and is pursuing a class action on behalf of all persons who underwent a colonoscopy performed by Dr. Gilles Bourdon at the Lakeshore General Hospital (hereinafter the “LGH“) and who were not alerted at the time to any issues or conditions requiring further testing or treatment (excluded are those persons who, between the time of the said colonoscopy performed by Dr. Bourdon and the LGH’s September 12, 2012 news conference which announced the recall of all colonoscopy patients of Dr. Bourdon, underwent another colonoscopy performed by a different doctor who also did not alert the patient to any issues or conditions requiring further testing or treatment).

Indeed, it appears that many if not all of the colonoscopies conducted by Dr. Gilles Bourdon at the LGH  were conducted improperly and therefore, the doctor in question may have missed certain so-called flat lesions along the colon or other possible problems such as pre-cancerous or malignant lesions.

If you or someone you know underwent a colonoscopy at the Lakeshore General Hospital by Dr. Gilles Bourdon specifically, 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.

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 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.

Aug 2012

SETTLEMENT COMPLETE AND FILE CLOSED

NATIONAL BANK OF CANADA

Re: Settlement regarding the laptop computer stolen in 2008

A settlement agreement was concluded and approved by Madam Justice Guylène Beaugé of the Superior Court of Quebec on August 1, 2012 (the “Agreement“) regarding the following class action brought against the National Bank of Canada (hereinafter “NBC“) :

  • Larose and Paquette v. National Bank of Canada, 500-06-000452-082, Superior Court of Quebec, district of Montreal, 
on their own behalf and on behalf of the class defined as follows: The Class consists of all the persons (including their estates, executors, or personal representatives), consumers, corporations having no more than 50 persons under an employment contract, firms, businesses, and other organizations in all of Canada, whose personal information was saved or stored on the hard disk of a laptop computer stolen from the premises of NBC on or about September 19, 2008. The Class excludes i) NBC, ii) any entity in which NBC holds a majority interest, iii) NBC’s legal representatives, successors and assigns iv) and all Persons who have opted out of the Class in accordance with the Notice of Preapproval. SUMMARY: NBC agreed and set up a claims settlement process for a period of ninety (90) days (which has now expired). The following persons were eligible to benefit from the settlement:
  • anyone who, as of September 19, 2008, held or had held a mortgage with NBC; and
  • whose personal information was saved or stored on the hard disk of the laptop computer stolen on or about September 19, 2008; and
  • who suffered a documented monetary loss as a result of the unauthorized use of the said personal information.
As additional measures, NBC also agreed to make (and indeed made) the following donations: a)    $25,000 to the Fondation du Centre Jeunesse de Montréal; b)    $60,000 to the Jewish General Hospital Foundation of Montreal. NBC also paid the plaintiffs, Steve Larose and Jocelyne Paquette, the amount of $1,500 each as an indemnity for the costs incurred by them and their efforts on behalf of the Class Members as plaintiffs in the litigation. This file is now settled and closed.