News

Mar 2016

A SETTLEMENT has been reached in the Lachine Hospital /  Improperly Sterilized Instrument(s) Class Action. For more information about this case, the settlement, or the settlement approval hearing, and/or for copies of the relevant notices or documents, the settlement agreements, etc., click here.

Feb 2016

In March 2008, a Data Tape containing the personal information of all DaimlerChrysler Financial Services Canada Inc. (“Chrysler Financial”) vehicle lease customers across Canada was lost (approximately 239,277 customers).  The personal information on the lost or stolen Data Tape contained some or all of the following information: the customer’s name, address, phone number, social insurance number, date of birth, as well as other information related to the status and history of the customer’s credit file with Chrysler Financial. If, on or before March 12, 2008, you leased a vehicle from Chrysler Financial (including, without limitation: Chrysler, Dodge or Jeep vehicles), your personal information was likely included in the lost Data Tape. For more details and to sign-up with our firm, click here.

Nov 2015

Lex Group has launched a national class action on behalf of Canadians having purchased or leased a Porsche Cayenne Diesel, equipped with a 3.0 liter, and regarding the November 2, 2015 Notice of Violation issued by the United States Environmental Protection Agency (the “EPA”) indicating that Porsche had equipped the Porsche Cayenne Diesels with a  “defeat device” permitting the vehicle to trick mandatory emission tests, the whole without the knowledge or consent of its customers.  Accordingly, the actual amount of emissions/pollutants released into the environment by the Cayenne Diesel, when driving on actual roads, is apparently much higher than what Porsche had advertised and is apparently much higher than Canadian standards For more details, click here.

Nov 2015

NATIONAL SETTLEMENT APPROVED

The Québec and Ontario Courts have now both granted approval of the nationwide class settlement to resolve consumer claims in Canada regarding approximately 20,000 affected 3.0L diesel vehicles. The approved settlement provides for cash payments and other benefits to eligible owners and lessees of Porsche Cayenne diesel 3.0L vehicles. Settlement Class Members who own or lease Porsche Cayeen Diesel vehicles (model years 2013-2016) will receive a cash payment by completing the emissions repair to bring their vehicle into full compliance with originally certified emissions standards.

TO OBTAIN MORE INFORMATION OR TO SUBMIT A CLAIM, VISIT www.VWCanadaSettlement.ca or CALL 1-888-670-4773.

  ____________________________________________________________________________________________

A nationwide Settlement has been reached in Canada involving the 3.0-litre Porsche Cayenne Diesel vehicles, 2013-2016.

IF YOU OWNED OR LEASED ONE OF THESE VEHICLES ON NOVEMBER 2, 2015 OR IF YOU CURRENTLY OWN ONE OF THESE VEHICLES, THE SETTLEMENT MAY AFFECT YOUR LEGAL RIGHTS

IF YOU SELL YOUR VEHICLE ON OR AFTER JANUARY 17, 2018, YOU WILL LOSE ANY BENEFITS FOR WHICH YOU ARE ELIGIBLE

3.0L SETTLEMENT BENEFITS FOR PORSCHE CAYENNE DIESELS (2013-2016):

A repair has been approved by U.S regulators to bring all Porsche Cayenne Diesel (2013-2016) vehicles into compliance with the emissions standards to which they were originally certified. The repair is available through recall in Canada. If you are an eligible owner or lessee of such a vehicle, YOU MAY CLAIM:

•Emissions Compliant Repair with Extended Emissions Warranty + Cash if you continue to own or lease

•Even if you no longer own or lease your vehicle, you may be eligible for Cash

 

The 3.0L Settlement must be approved by Courts to become effective. The approval hearings will take place on:

•April 5, 2018 at 10:00 AM: Ontario Superior Court of Justice, 130 Queen Street West, Toronto, and

•April 3, 2018 at 9:30 AM: Superior Court of Québec, 1 Notre-Dame Street East, Montreal.

Courts will approve legal fees to class counsel. Those amounts will be paid separately and will not reduce the Settlement benefits.

YOU HAVE OPTIONS:

•Participate in the 3.0L Settlement, if approved by the Courts, and make a claim for eligible benefits; •Object to the 3.0L Settlement before the Courts consider whether to approve it and attend an approval hearing; •Exclude yourself from the 3.0L Settlement (opt out), in which case, you will not be eligible to receive any benefits.

You must take steps if you wish to exclude yourself and wish to preserve your legal rights against Volkswagen / Audi / Porsche.

To object to or opt out of the Settlement, submit a request so it is received by March 19, 2018. Go to www.VWCanadaSettlement.ca to obtain further information.

TO OBTAIN MORE INFORMATION, VISIT www.VWCanadaSettlement.ca or CALL 1-888-670-4773.

  _____________________________________________________________________ LEX GROUP Inc. has launched a national class action lawsuit against PORSCHE CARS CANADA, LTD., PORSCHE ENTERPRISES INCORPORATED, PORSCHE CARS NORTH AMERICA, INC. & PORSCHE AG (hereinafter collectively “Porsche”), on behalf of all Canadians who own or lease a Porsche Cayenne Diesel equipped with a 3.0 liter engine (hereinafter  the “Cayenne Diesel(s)”). Since late 2012 (with the introduction of the 2013 model), Porsche has boasted and advertised that its Porsche Cayenne Diesel was the “cleanest” Cayenne ever, as compared to the regular gas or hybrid models, regarding the levels of emissions released into the environment, and because of its low gas millage (i.e. reduced fuel costs).  Porsche charged substantial premiums for the Cayenne Diesel vehicles, as compared to the other Porsche Cayenne models. The class action alleges that Porsche has in fact leased and sold the Cayenne Diesels which were equipped with a “defeat device” permitting the vehicle to trick mandatory emission tests, the whole without the knowledge or consent of its customers.  Accordingly, the actual amount of emissions/pollutants released into the environment by the Cayenne Diesel, when driving on actual roads, is much higher than what Porsche had advertised and is much higher than Canadian standards. On November 2, 2015, the United States Environmental Protection Agency (the “EPA”) issued a Notice of Violation to Porsche in this regard, concerning the Porsche Cayenne Diesels.  The next day, Porsche announced that it would stop all North American sales of the Cayenne Diesel as a result of the EPA’s notice of violation. The owners or lessees of the Cayenne Diesel have and will suffer a significant decrease in value (and/or resell value) of their Cayenne Diesel in light of this discovery.  Furthermore, if and when Porsche recalls the Cayenne Diesels in order to render them in conformity with Canadian and/or U.S. emissions standards, the vehicles will no longer perform as advertised and this will also cost owners/lessees more in fuel for their now less efficient vehicles. In addition, the recalled vehicles will be worth less in the used (pre-owned) marketplace because of their decrease in performance and efficiency, which means owners/lessees will not be able to recoup the expected value of these vehicles in the future (which includes the over-inflated buy-back price set for lease holders in order to purchase their vehicle at the end of their lease). Accordingly, if you have purchased or leased a Porsche Cayenne Diesel in Canada, 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 class action regarding the Toronto-Dominion Bank’s recent decision to unilaterally modify the Cardholder Agreements governing its various TD Travel VISA Credit Cards (and the associated TD Travel Rewards Program) in order to reduce the value of the Cardholders’ TD Points earned and accumulated before August 16, 2015. The TD Travel Credit Cards in question are the following: 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”. For more details, click here.

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

2011 MACBOOK PRO LAPTOP (15″ OR 17″ SCREEN) MANUFACTURED BY APPLE QUEBEC CLASS ACTION SETTLEMENT NOTICE OF COURT ORDER APPROVING THE SETTLEMENT CHARBONNEAU V. APPLE CANADA INC. ET AL. CLASS ACTION (Court File N°: 500-06-000722-146)

This Notice concerns you: If you live in Quebec and purchased, own, or owned a 15″ or 17″ 2011 MacBook Pro Laptop (“Device(s)”), -or- If you live elsewhere but purchased such a Device in Quebec.

PLEASE READ THIS NOTICE CAREFULLY. THIS CLASS ACTION SETTLEMENT HAS BEEN APPROVED BY THE COURT.

 

WHAT IS THE ACTION ABOUT?

In December 2014, a class action was commenced in Quebec against Apple Canada Inc. and Apple Inc. (collectively, “Apple”) alleging that the 15″ and 17″ 2011 MacBook Pro Laptops manufactured by Apple (the “Device(s)”) suffer from a graphics issue (the “Class Action”). On October 5, 2018, the Honourable Justice Peacock of the Superior Court of Quebec issued a revised rectified judgment authorizing the Class Action and ascribing the status of representative to Mr. René Charbonneau on behalf of the following Class: 1. all persons in Quebec, who purchased and/or own a 2011 MacBook Pro Laptop with a 15 inch or 17 inch screen; and 2. all persons, who purchased in Quebec a 2011 MacBook Pro Laptop with a 15 inch or 17 inch screen; (“Class” or “Class Members”). This Class Action has now been settled, as will be described below. SETTLEMENT APPROVED The parties have negotiated a settlement of the Class Action (the “Settlement Agreement”), which has been approved by the Superior Court of Quebec on May 11, 2021 as fair, reasonable and in the best interests of the Class. The Defendants deny any liability and deny the truth of the allegations made against them. The settlement (as described below) is a compromise of disputed claims in order to achieve an early full and final resolution of the Class Action, without any admission or findings of liability or wrongdoing against Defendants. THE SETTLEMENT TERMS This Notice provides a summary of the settlement terms. Further details of the settlement, including a copy of the Settlement Agreement and other relevant Judgments, notices or proceedings may be found on the Settlement Website at www.laptopgraphicsclassaction.com. The Settlement Agreement provides that Defendants agree to pay $5,344,575.00 in settlement of the Class Action, as described below (the “Total Settlement Fund”). The Total Settlement Fund is inclusive of any and all Class Member claims, interest, all costs, including but not limited to settlement administration costs, class notice publication costs, distribution costs, third-party costs, out-of-pocket costs, and taxes, though it does not include Class Counsel Fees payable to the attorneys representing Class Members, which will be paid separately by Apple and do not affect the amount payable to Class Members. In return for the Total Settlement Fund, Defendants will receive a release from all Class Members and a declaration of settlement out of court of the Class Action. HOW TO RECEIVE YOUR SHARE OF THE SETTLEMENT FUNDS Direct Group The Direct Group is comprised of individuals associated with 15,936 Devices, which Apple has identified from its records as either having received service from Apple for a graphics issue (the Service Group), or about which Apple was contacted for an alleged graphics issue but for which no service was obtained (the Complaint Group). If you are a member of the Direct Group based on Apple’s records, you will receive a Short Form Notice by email confirming this. If this is the case, you will receive up to $175.00 per Device. This amount will be sent directly to you by cheque at the last known address that Apple has on record for you. (If Apple has your email address but no postal address, you will receive a different Short Form Notice explaining how you will receive your payment.) Note that your cheque will remain valid for 7 months from issuance, following which it will be considered stale-dated and will be cancelled by the Claims Administrator (and cannot be replaced thereafter). No further action will be required on your part to receive the payment unless (i) you wish to modify the mailing address for the cheque or (ii) you wish to receive the funds electronically. You may go onto the Direct Group online portal of the Claims Administrator’s Settlement Website at www.laptopgraphicsclassaction.com before October 01, 2021 in order to confirm your mailing address, modify your mailing address, or switch to electronic payment, using the individualised ID number and/or login credentials to access the Settlement Website enclosed with the Short Form Notice you receive. Within approximately 30 days following October 01, 2021, the Claims Administrator will distribute up to $175.00 to you. If there is more than one individual (Direct Group member) associated with a single Device, then the $175.00 payment will be divided evenly among them. Reimbursement Group You may also have a right to file a claim under the Reimbursement Group if you paid for repairs to your Device but did not receive a reimbursement from Apple, subject to the acceptance of your claim (“Reimbursement Claim”) by the Claims Administrator. In order to make a valid Reimbursement Claim, you must submit a valid and timely Reimbursement Claim Form to the Claims Administrator via the Settlement Website’s online claim portal at www.laptopgraphicsclassaction.com. In the Reimbursement Claim Form, you will have to include your full name and email address and attest that: o The graphics issue affected your Device before January 1, 2017; o You paid for a repair (including without limitation, changing or repairing the logic board or graphics chip of the Device, resoldering the chips or other Device components, bypassing a graphics chip); o The repair was due to a graphics issue affecting your Device; and o You were not reimbursed for the repair. You must attest to the above by checking the relevant box in the Reimbursement Claim Form. Failure to do so will render the Reimbursement Claim deficient. A receipt for the repair, in the form of an original receipt, an email receipt, or a photocopy of a receipt or other sufficient proof to be accepted by the Claims Administrator (at its discretion) (“Receipt for Repair”) must be provided to the Claims Administrator together with the Reimbursement Claim Form. The Receipt for Repair must be dated on or before December 31, 2017. The Reimbursement Claim Form must be submitted to the Claims Administrator online or postmarked on or before October 01, 2021 for the Claim to be valid. Within approximately 30 days following October 01, 2021, and if your claim is accepted by the Claims Administrator, you will receive up to the full reimbursement of the amount indicated on the submitted Receipt for Repair of the graphics issue. You will receive this amount either electronically or by mail, as specified in the Reimbursement Claim Form. In the event that the total amount of approved claims for the Reimbursement Group surpasses $750,000.00, the Reimbursement Group members will be paid on a pro rata basis, following the same distribution procedure described above. Remaining Group You may have a right to file a claim under the Remaining Group if you experienced a graphics issue with your Device prior to January 1, 2017, subject to the acceptance of your claim (“Remaining Claim”) by the Claims Administrator. To be in the Remaining Group, you must not already be in the Direct Group described above. In order to make a valid Remaining Claim, you must submit a valid and timely Remaining Claim Form to the Claims Administrator via the Settlement Website’s online claim portal at www.laptopgraphicsclassaction.com. In the Remaining Claim Form, you will have to include your full name and email address and attest to the following: o You owned a Device; o You experienced a graphics issue with your Device prior to January 1, 2017; o You are not part of the Direct Group (the Service Group nor the Complaint Group). You must attest to the above by checking the relevant box in the Remaining Claim Form. Failure to do so will render the Remaining Claim deficient. In the Remaining Claim Form, sufficient proof (which may include your current or past contact information) must be provided to the Claims Administrator in order to confirm or establish that you purchased or owned a Device. This information or proof will be verified by the Claims Administrator. The Remaining Claim Form must be submitted to the Claims Administrator online or postmarked on or before October 01, 2021 for the Claim to be deemed valid. Within approximately 30 days following October 01, 2021, if your claim is accepted by the Claims Administrator, you will receive a payment of up to $175.00. You will receive this amount either electronically or by mail, as specified in the Remaining Claim Form. In the event that more than one claim is made for a single Device in the Remaining Group, the $175.00 payment will be divided evenly among all claimants associated with that Device, following the same distribution procedure described above. NOTE: Class Members cannot be members of both the Direct Group and the Remaining Group for a single Device. However, any Class Member of one of these groups can also be a member of the Reimbursement Group. INTERPRETATION If there is a conflict between the provisions of this Notice and the Settlement Agreement, the terms of the Settlement Agreement will prevail. QUESTIONS ABOUT THE SETTLEMENT SHOULD BE DIRECTED TO THE CLAIMS ADMINISTRATOR RICEPOINT ADMINISTRATION INC. AS BELOW:

Laptop Graphics Class Action Administrator c/o RicePoint Administration Inc. P.O. Box 4454, Toronto Station A 25 The Esplanade Toronto, ON M5W 4B1 1-866-810-0904 www.laptopgraphicsclassaction.com

NOTE: any cheque issued under the settlement will remain valid for 7 months from issuance, following which it will be considered stale-dated and will be permanently cancelled by the Claims Administrator (and cannot be replaced thereafter).

THE PUBLICATION OF THIS NOTICE TO CLASS MEMBERS HAS BEEN APPROVED AND ORDERED BY THE SUPERIOR COURT OF QUEBEC.

_______________________________________________________________________________________  

2011 MACBOOK PRO LAPTOP (15” OR 17” SCREEN)

QUEBEC CLASS ACTION SETTLEMENT

SHORT FORM NOTICE OF HEARING FOR SETTLEMENT APPROVAL

CHARBONNEAU V. APPLE CANADA INC. ET AL. CLASS ACTION

(Court file N°: 500-06-000722-146)

 

 If you live in Quebec and purchased, own, or owned a 15” or 17” 2011 MacBook Pro Laptop (“Device(s)),

-or-

If you live elsewhere but purchased such a Device in Quebec,

 

this class action settlement notice affects your rights.

 

 GENERAL SUMMARY The proposed settlement, if approved by the Superior Court of Québec, requires Apple Canada Inc. and Apple Inc. (collectively “Apple”) to compensate affected clients (the “Class Members”). The settlement is not an admission of liability, wrongdoing or fault. If the proposed settlement is approved, Class Members will receive or may claim up to $175 per Device (if there are more than one individual associated with the same Device, the compensation amount will be split evenly among them). In addition, Class Members who paid for repairs relating to a graphics issue affecting their Device before January 1, 2017 may claim for a full reimbursement of the cost of such repairs, subject to certain conditions. For full details and conditions, please consult the Long Form Notice, available on this page and at: www.laptopgraphicsclassaction.com   SETTLEMENT APPROVAL HEARING A hearing before the Superior Court of Québec will be held on April 28, 2021 at 09:30 a.m., in room 17.09 of the Montreal courthouse located at 1, Notre-Dame East Street, Montreal, Quebec. The Microsoft Teams link required in order to access the hearing is [email protected]; Meeting ID: 1185631255 or (tel) 581.319.2194 or 833.450.1741 (toll free); Meeting ID: 991 211 186#. If you wish, you have the right to comment on or object to the settlement (certain Court-ordered requirements and deadlines apply and are detailed in the Long Form Notice, available here: www.laptopgraphicsclassaction.com. Class Members who do not oppose the proposed Settlement Agreement do not need to appear at any hearing or take any other action to indicate their desire to support the proposed Settlement Agreement. If the settlement is approved, another notice to Class Members will be sent explaining the method of distributing settlement funds. For more information about the proposed settlement or to read the Long Form Notice, the Settlement Agreement and/or the other relevant Judgments or proceedings (documents which are also available on this page), visit the Settlement Website at www.laptopgraphicsclassaction.com or contact the Claims Administrator:   Laptop Graphics Class Action Administrator c/o RicePoint Administration Inc. P.O. Box 4454, Toronto Station A 25 The Esplanade Toronto, ON M5W 4B1 1-866-810-0904 www.laptopgraphicsclassaction.com   THE PUBLICATION OF THIS NOTICE TO CLASS MEMBERS HAS BEEN APPROVED AND ORDERED BY THE SUPERIOR COURT OF QUEBEC.   _______________________________________________________________________________________________________________________________   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.