News

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.
May 2012

PRE-APPROVAL NOTICE TO CLASS MEMBERS

PROPOSED SETTLEMENT AGREEMENT

DAIMLERCHRYSLER FINANCIAL SERVICES CANADA INC. (ALSO KNOWN AS TD AUTO FINANCE SERVICES) LOST DATA TAPE CLASS ACTION 

500-06-000615-126

www.ChryslerFinancialLostDataTape.ca

  PROCEEDINGS On January 19, 2015, the Honourable Louis Lacoursière of the Superior Court of Québec authorized a class action brought by the Plaintiff Belley on behalf of “all persons in Canada whose personal information was stored or saved on a DaimlerChrysler Financial Services Canada Inc. Data Tape which was lost while in transit on or about March 12, 2008”. A Settlement Agreement was recently reached between the parties, which is subject to the approval of the Superior Court of Québec.   PROPOSED SETTLEMENT AGREEMENT The Settlement provides that Daimler Financial Services Canada Inc. now known as TD Auto Finance Services (“TD Auto”), without admission of liability, will pay a maximum capped amount of $175,000.00 CAD which will be used to pay those Class Members who suffered an actual and direct loss caused by the loss of the Data Tape. The Settlement further provides for the payment of an indemnity to Class Members for time spent dealing with any type of Substantiated Loss and who submit a verified and approved Substantiated Claim up to a maximum of two (2) hours of Lost Time, calculated at a rate of $20.00 CAD per hour, for each category of approved Substantiated Claim. In addition, TD Auto will pay: 1) the fees of the Claims Administrator up to a maximum total cap of $75,000.00 CAD; 2) the cost related to the notices sent to Class Members up to a maximum cap of $75,000.00 CAD; 3) Class Counsel’s fees, costs and expenses, in the amount of $150,000.00 CAD plus taxes, as well as 4) the Class Plaintiff’s claim in the amount of $5,000.00 CAD.  None of these amounts will affect or reduce the amount payable to Class Members for Substantiated Claims. A copy of the Settlement Agreement, the Pre-Approval Order, and other related documentation is available online this page and at www.ChryslerFinancialLostDataTape.ca.    AM I A CLASS MEMBER? You are a Class Member if you are a resident of Canada whose personal information was stored or saved on the Data Tape that was lost while in transit on or about March 12, 2008.  You may have been notified of this incident in writing on or about March 27, 2008, or in February of 2016.   WHAT ARE MY OPTIONS? If you are a Class Member, you have the following two (2) options:
  1. If you do not wish to contest the approval of the Settlement Agreement you have nothing to do for the time being. If the Settlement Agreement is approved by the Court, you will then have to submit a valid Claim Form before the expiry of the Claim Period in order to obtain compensation for your losses which will be verified by the Claims Administrator; or
 
  1. Contest or comment on the approval of the Settlement Agreement. To object to or comment on the Settlement Agreement, you must deliver a written objection explaining the reasons for your objection / your comments by no later than February 12, 2020.
  Explanations, deadlines and details regarding the process of objecting to the Settlement are set out in the Settlement Agreement and on the Settlement Website at www.ChryslerFinancialLostDataTape.ca.    SETTLEMENT AGREEMENT PRE-APPROVAL HEARING A hearing during which the Court will be called upon to approve the Settlement Agreement, has been set on February 27, 2020 at the Montreal Courthouse, 1 Notre-Dame Street East, Montréal, Québec, H2Y 1B6, in room 15.07 at 9:30 a.m. EST. At this hearing, the Court will hear any objection(s)/comments raised by Class Members with respect to the proposed Settlement Agreement, in accordance with the deadlines and procedure set forth in the Settlement Agreement. If you are a Class Member and do not object to the Settlement, you do NOT have to do anything and you do NOT have to attend the Settlement Approval Hearing.   HOW DO I SUBMIT A CLAIM? If the Settlement is approved, a further Notice will be issued which will identify and explain how Class Members can submit a claim.   HOW DO I OBTAIN MORE INFORMATION? For more information, please contact: Court appointed Claims Administrator Epiq Class Action Services Canada Inc. DaimlerChrysler Financial Lost Data Tape Class Action Settlement P.O. Box 507 STN B Ottawa ON K1P 5P6 1-833-414-8040 [email protected] www.ChryslerFinancialLostDataTape.ca Please note that in case of any discrepancy between the terms of this Notice and the Settlement Agreement, the terms of the Settlement Agreement shall prevail. Any term not defined in this Pre- Approval Notice shall have the meaning ascribed in the Settlement Agreement.   ________________________________________________________________________

CLASS ACTION NOTICE AUTHORIZATION OF A DATA BREACH CLASS ACTION CONCERNING THE LOSS OF THE PERSONAL INFORMATION OF CUSTOMERS WHO IN MARCH 2008 LEASED A CHRYSLER, DODGE OR JEEP VEHICLE FROM DAIMLERCHRYSLER FINANCIAL SERVICES CANADA INC. (NOW KNOWN AS TD AUTO FINANCE SERVICES INC.)

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. You may also have received a notification letter from Chrysler Financial in March or April 2008, informing you of the loss of your personal information. TAKE NOTICE that on January 19, 2015, the Honourable Mr. Justice Lacoursière of the Superior Court of Québec authorized the bringing of a class action against Defendant TD Auto Finance Services Inc., formerly DaimlerChrysler Financial Services Canada Inc. (“Chrysler Financial” or “Defendant”), and ascribed the status of representative to Mr. Maxime Belley (“Petitioner” or “Plaintiff”) to act on behalf of the following Group: All persons (including their estates, executors, or personal representatives), consumers, corporations, firms, businesses, and other organizations, in all of Canada, whose personal information was stored or saved on a data tape, which was lost by Respondent while in transit on or about March 12, 2008. This class action will be brought in the Province of Quebec, District of Montreal. If you wish to exclude yourself from the class action, you must notify the clerk of the Court no later than May 28, 2016, by registered or certified mail at the following address: Clerk Superior Court of Quebec 1 Notre-Dame Street East Montreal, Quebec, H2Y 1B6 You must state that you wish to exclude yourself from the class action of Maxime Belley v. TD Auto Finance Services Inc. (case number 500-06-000615-126). A Class Member who has not requested his exclusion by May 28, 2016 will be bound by any judgment rendered in the class action. If you wish to remain 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.

_______________________________________________________________________________________________________________________

LEX GROUP Inc. has launched and is pursuing a national class action on behalf of all Canadians whose personal information was stored or saved on a data tape, which was lost by Daimlerchrysler Financial Services Canada Inc. while in transit on or about March 12, 2008.

On November 1, 2011, Daimlerchrysler Financial Services Canada Inc. amalgamated with other entities to become TD Auto Finance Services Inc. The latter company is therefore the named Respondent being sued in this class action.

According to the information collected thus far, close to 240,000 Canadians who as at March 12, 2008 had a lease for an automobile or truck with Daimlerchrysler Financial Services Inc. had their personal information contained in the data tape which was lost.  The lost data tape was being sent using UPS (United Parcel Service) from Daimlerchrysler Financial Services Canad Inc.’s Michigan, USA office to a credit reporting agency in the province of Quebec.  Including in the personal information which was lost was the class members’ name, address, phone number, date of birth, and in certain cases their social insurance number, as well as other information related to the status history of the customer’s credit file with Daimlerchrysler Financial Services Inc.  A letter had been sent by Daimlerchrysler Financial Services Inc. in March or April of 2008 informing the class members in question of the loss of information in question, however, it cannot be ascertained if all the class the members indeed received said notification letter.

Based on the information collected, we are informed that the personal information stored on the lost data tape was not encrypted and that the data tape was never recovered.

If you or someone you know had a lease with Daimlerchrysler Financial Services Inc. (including but without limitation concerning a Chrysler, Dodge or Jeep vehicle) as at March 12, 2008, your personal information may have been compromised 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.

May 2012
David Assor

The author comments on a decision in which the Superior Court had to review and approve a proposed settlement in the context of a class action. It also had to determine if one of the signing parties to the agreement was entitled to contest the motion to approve the said settlement. Finally, the Court had to decide whether to approve the portion of the settlement which provided for the payment of an indemnity of $ 5000 to the Petitioner (representing the group).

Note: The article is written in French.

Apr 2012
David Assor

The author comments on a decision in which the Superior Court, following its prior judgment authorizing the class action “The Whole with Costs”, must review and approve the proposed notice to class members to be published in newspapers. The Court also determines which party will bear the costs related to the publication of said notice.

Note: Article is written in French.

Jun 2011

ROGERS COMMUNICATIONS & FIDO SOLUTIONS

Roger and Fido International MMS – Quebec Settlement

 

This notice concerns a class action authorized on January 22, 2015 by the Court of Appeal of Québec against Rogers Communications and Fido Solutions on behalf of a class of persons comprising the group described hereinbelow: “All Persons residing in Quebec who had a fixed term wireless services contract with Rogers Communications Inc. or Fido Solutions Inc. in effect as of August 15, 2011 and who received a notice concerning new fees applicable to international video and/or photo messaging (MMS) sent from Canada to an international destination.” The Settlement of the Class Action A settlement has been reached and approved by the Court on July 7, 2020  with respect to the class action mentioned above whereby Rogers and Fido have agreed without admission of fault to reimburse all the amounts of international MMS fees collected from Class Members who had either a Rogers or Fido fixed-term wireless services contract in effect as of August 15, 2011 and who paid for international MMS fees during the term of that fixed-term contract. Making a Claim for Compensation Under the Settlement If you wish to receive the financial benefits of the settlement and you are still a customer of Rogers or Fido, you do not have to take any action. You will be compensated automatically in the form of an automatic credit on a forthcoming invoice. If you are no longer a customer of Rogers or Fido, no direct compensation will be provided, but these class members will be compensated indirectly through charitable donations by the Defendants made 50% to la Fondation UQTR and 50% to le Fonds de développement ÉTS, which represents 100% of the settlement amount attributable to the claims of these members (former Rogers or Fido customers). The Settlement Agreement itself, the relevant proceedings and Judgments, including the Judgment approving the Settlement, are posted on this site.   _________________________________________________________________________________

LEX GROUP Inc. has launched a national class action on behalf of all Canadian wireless customers of ROGERS (Rogers Communications Inc. and Rogers Communication S.E.N.C.) and FIDO (Fido Solutions Inc.), concerning the unilateral increase to the rates payable for video and picture messages (also known as “MMS”) sent from Canada to an international destination.  More specifically, in June or July 2011, Rogers and Fido wireless customers were informed, by way of a notice included in their monthly statement, that as of August 15, 2011, the rates for international MMS’s sent from Canada to an international destination would be increased from FREE to $0.75 per MMS recipients for certain class members (which is case of the Petitioner in our case) or from $0.50 to $0.75 per MMS recipient for other members of the class.  These clients were not given the option of cancelling their closed-term contract without paying the applicable penalties.

By Judgment dated July 27, 2012, the Honorable Justice Benoît Emery of the Superior Court of Quebec authorized the Class Action only on behalf of Rogers clients residing in the province of Quebec, and on January 22, 2015, the Court of Appeal of Quebec included Fido clients residing in the province of Quebec as well, authorizing the class action on behalf of the following group:

« Tous les clients de téléphonie sans fil de Rogers Communications inc. et Rogers Communications s.e.n.c. ou de Fido résidant au Québec, ayant un contrat à durée déterminée en vigueur au moment où ils ont reçu l’avis concernant les nouveaux tarifs s’appliquant aux messages photo ou vidéo (MMS) envoyés du Canada et aux États-Unis ou vers une autre destination internationale, et qui était toujours en vigueur en date du 15 août 2011. »

If you or someone you know had a wireless closed-term contract with either Rogers or Fido on and after August 15, 2011, 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.

May 2011
David Assor

The author comments on a decision in which the Superior Court had to decide whether to suspend (stay) the motion to authorize the bringing of a class action on the grounds of lis pendens or abuse of procedure, similar class action claims having been filed in six other Canadian provinces.

Note: The article is written in French.

Mar 2011

LEX GROUP Inc. has launched a national class action against Sony Computer Entertainment America LLC (“SCEA”), Sony Network Entertainment International LLC (“SNEI”), Sony Online Entertainment LLC (“SOE”), Sony Corporation of America, Sony of Canada Ltd., and Sony Corporation (collectively, “Sony” or “the Sony Entities”).

If you had a PlayStation Network account, a Qriocity account, or a Sony Online Entertainment account at any time before May 15, 2011, you could get benefits from a class action settlement. A settlement has been reached with the Sony Entities in a class action lawsuit about the illegal and unauthorized attacks in April of 2011 on the computer network systems used to provide the PlayStation Network (“PSN”), Qriocity, and Sony Online Entertainment (“SOE”) services (the “Intrusions”). The settlement provides benefits to eligible Canadian consumers who file a valid claim. The Ontario Superior Court of Justice will have a hearing to decide whether to give final approval to the settlement, so that the benefits can be issued. The included consumers have legal rights and options, such as excluding themselves from the settlement, or alternatively, objecting to and/or submitting a claim for benefits from the settlement. The Sony Entities deny any claims of wrongdoing in this case, and the settlement does not mean that the Sony Entities violated any laws or did anything wrong. WHO’S INCLUDED? The Class includes everyone who resides in Canada who had a PSN account, a Qriocity account, or an SOE  account at any time prior to May 15, 2011. WHAT DOES THE SETTLEMENT PROVIDE? There are various benefits, depending in part on what type of account(s) you had: Inactive PlayStation Network Accountholders: If you used any of your PSN accounts any time from January 1, 2011 through May 14, 2011, but you did not use them after that through January 24, 2013 because of the Intrusions, you can get a payment equal to any balance of paid virtual currency in your account wallet if that balance is at least U.S. $2. Active PlayStation Network Accountholders: a)  If you paid other companies for certain media services that you could not access through the PSN during the PSN outage from April 20 through May 14, 2011, you can get 3 free PS3 themes or a 50% discount on PlayStation Plus for 3 months.  Up to U.S. $100,000 in total benefits will be available, on a first-come, first-served basis. b) If you participated in the PSN “Welcome Back” program that followed the April 2011 service outage, you can get either a free game for your PS3 or PSP, 3 free PS3 themes, or a 50% discount on PlayStation Plus for 3 months.  If you did not participate in the PSN “Welcome Back” program, you can submit a claim for two of the above benefits.  Up to U.S. $1 million in these benefits will be available, on a first-come, first-served basis; claimants who file claims thereafter can get a 50% discount on PlayStation Plus for one month. Qriocity Accountholders: If you were not a PSN accountholder but you had a Qriocity account at the time of the April 2011 service outage, you can get one free month of Music Unlimited. Inactive Sony Online Entertainment Accountholders: If you used any of your SOE accounts at any time from January 1 through May 14, 2011, but you did not use them after that through January 24, 2013 because of the Intrusions, you can get a payment equal to any balance of paid virtual currency in your account wallet if that balance is at least U.S. $2. Active Sony Online Entertainment Accountholders: You can get a deposit of U.S. $4.50 in “Station Cash” into that account, usable for SOE digital products and services. Deposits will be reduced proportionally if total deposits exceed U.S. $240,000 in benefits. Identity Theft Reimbursement Claims: If you incurred out-of-pocket charges due to actual identity theft and submit documentation proving by a preponderance of the evidence that the intrusion(s) directly and proximately caused the identity theft, you can submit a claim for reimbursement up to $2,500.  Reimbursements will be reduced proportionally if the amount payable on all valid claims exceeds U.S. $90,000. For more information, including limitations and conditions on all of these benefits, read the detailed notice at www.PSN-SOE-CanadaSettlement.com HOW DO YOU ASK FOR BENEFITS? Eligible Class Members can call 1-877-389-4482 or go to www.PSN-SOE-CanadaSettlement.com for a claim form, then fill it out, sign it, include the documentation it requires, and mail it to the address on the form.  Deadlines to make a claim for benefits will start 60 days after the settlement becomes effective. DO I HAVE A LAWYER IN THIS CASE? The Court has appointed Bryan C. McPhadden, McPhadden Samac Tuovi LLP of Toronto, Ontario; Stephen Osborne, Merchant Law Group LLP of St. Catharines, Ontario; Careen Hannouche, Lauzon Bélanger Lespérance Inc. of Montreal, Quebec; and David Assor, Lex Group Inc. of Montreal, Quebec as “Class Counsel” to represent you and other Class Members. You will not be charged for these lawyers. If you want to be represented by your own lawyer in this case, you may hire one at your own expense. YOUR OTHER OPTIONS. If you do not want to be legally bound by the settlement, you must opt out by May 20, 2013, or you will not be able to sue, or continue to sue, the Sony companies regarding the legal claims this settlement resolves, ever again. If you opt out, you cannot get any benefits from the settlement. If you do not opt out, you will be able to participate in the settlement if it is approved by the Court. If you do not opt out, you may also object to the settlement by May 20, 2013. The detailed notice explains how to exclude yourself or object. The Court will hold a hearing in this case, known as Maksimovic v. Sony of Canada Ltd. et al., Court File No. CV-11 425487-00CP, on June 10, 2013 at 10:00 a.m., to consider whether to approve the settlement, including Class Counsel fees, costs, taxes and disbursements of U.S. $265,000. You or your own lawyer may ask to appear and speak at the hearing at your own cost, but you do not have to. For more information, go to the website shown above, which has a copy of the detailed notice.

Please note that consulting the present website and/or providing your information to our firm 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).  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.

Oct 2009

SETTLEMENT APPROVAL NOTICE

Danone Activia® and DanActive® Settlement Program in Canada

NOTICE OF APPROVAL BY THE COURT OF A CLASS ACTION SETTLEMENT AGREEMENT

PLEASE READ THIS NOTICE CAREFULLY AS IT MAY AFFECT YOUR LEGAL RIGHTS

THE CLASS: The Settlement Agreement has been approved by the Superior Court of Quebec on May 27, 2013 with respect to the class action commenced against Danone Inc. and The Dannon Company, Inc., by Emmanuelle Sonego before the Superior Court of Quebec under docket number 500-06-000482-097 on behalf of the Class defined as: All Persons residing in Canada who have purchased in Canada between April 1, 2009 and November 6, 2012 Activia® yogurt products or DanActive® probiotic drink products. Excluded from the Class are all Persons who have timely and validly requested exclusion from the Class pursuant to the Pre-Approval Notice published on September 24, 2012. Any Class Members who have already submitted a claim or opted out further to the Pre-Approval Notice will be sent a specific notice detailing their options going forward. SUMMARY: Danone Inc. and The Dannon Company, Inc. have agreed to provide for three types of compensation, as follows: (a)        Direct compensation Danone Inc. will provide to each Class Member that qualifies Compensation in the following manner: a)         Class Members who sign and solemnly declare that they have purchased either Activia® or DanActive® products in Canada between April 1, 2009 and November 6, 2012: $ 30; b)         Class Members who sign and solemnly declare that they have purchased either Activia® or DanActive® products in Canada between April 1, 2009 and November 6, 2012 AND have proof of purchase will be entitled to receive between $ 30 and $ 100, depending on the amount of the purchases: –           If the proof or proofs of purchase show purchase(s) of less than $ 30, the Class Member is entitled to $ 30; –           If the proof or proofs of purchase show purchase(s) between $ 30 and $ 100, then the Class Member is entitled to the amount of purchase; –           If the proof or proofs of purchase show purchase(s) above $ 100, then the Class Member is entitled to $ 100. It is understood that the Fonds d’aide aux recours collectifs will be entitled to claim a percentage of 2% on each individual amount of Compensation paid to Class Members residing in the Province of Quebec only.  This means that Class Members residing in the Province of Quebec will actually receive 98% of the amount between $ 30 to $ 100 that is applicable to them. (b)       Indirect compensation Pursuant to the Approved Settlement, Danone Inc. has already made changes to its advertising and labelling in Canada, to describe with better precision the characteristics of its Activia® yogurt products or DanActive® probiotic drink products. (c)        Donation Over a period of two (2) years following the Effective Date, Danone shall donate Danone products up to a total wholesale value of $ 500,000 to be distributed to one or more charities that help feed the poor in Canada to be jointly chosen by the Settling Parties and approved by the Court.  This donation may include any commercially sold Danone dairy product in good, saleable condition and not out of code or past their sale expiration dates at the time they are distributed. (d)       Award for Representative Plaintiff Emmanuelle Sonego Danone will pay an award of $ 5,000 to Representative Plaintiff Emmanuelle Sonego in consideration for the time and efforts she has put into the Litigation. CLASS COUNSEL FEES: In addition, Danone Inc. has agreed to pay the legal fees and disbursements of class counsel (plus taxes) as more described in the Court’s May 27, 2013 Judgment.  This amount is paid over and above any compensation to Class Members and will not come out of or in any way reduce the settlement payments to Class Members under the approved settlement. IMPORTANT DATES – HOW TO MAKE A CLAIM To receive Compensation, you must make a claim in the following way.  To make a claim, you must complete and submit this Claim Form, along with any required documentation, in compliance with the instructions below, and under penalty of perjury.  To obtain Compensation: a)     you must: i)          complete and submit by mail the present Claim Form to the following address: Collectiva Services en recours collectifs inc. 285, Place D’Youville, bureau 9 Montréal (Québec) H2Y 2A4;   OR ii)         send by e-mail to [email protected] with the information requested in the present Claim Form with a signature and the solemn declaration as attachment; OR ii)         on the Claim Web Site www.collectiva.ca, complete the electronic Claim Form and attach a signature and the solemn declaration, b) in which you solemnly declare under penalty of perjury that you have purchased either Activia® or DanActive® products in Canada between April 1, 2009 and November 6, 2012; c) AND, if applicable, provide one or more proof(s) of purchase for this/these products. The Claim Form must be postmarked, sent by e-mail or completed on the Claim Web Site no later than August 27, 2013. FURTHER INFORMATION: A complete copy of the Court approved Settlement Agreement, and detailed information on how to obtain or file a Claim are available on the Claims Web Site: www.collectiva.ca. For any information about the Court approved Settlement or to submit a claim, you may contact the mandated Claims Administrator COLLECTIVA SERVICES EN RECOURS COLLECTIFS INC. at: Collectiva Services en recours collectifs Inc. 285, Place D’Youville, bureau 9 Montréal (Québec)  H2Y 2A4 Tel. : (514) 287-1000 Toll Free : 1-800-287-8587 Fax : (514) 287-1617 Email : [email protected] www.collectiva.ca The Class Counsel, or law firm representing the petitioner, is the following: Me David Assor Lex Group Inc. 4101 Sherbrooke Street West Westmount, Quebec H3Z 1A7 Phone 514-451-5500, extension 321 Fax 514-875-8218 [email protected] If there is a conflict between the provisions of this Notice and the Court approved Settlement Agreement (and any of its Schedules), the terms of the Court approved Settlement Agreement shall prevail.