News

Jul 2013

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

Jul 2013

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

Jul 2013

BE ADVISED THAT ON SEPTEMBER 3, 2014, THE SUPERIOR COURT OF QUEBEC ORDERED THE SUSPENSION OF THE PRESENT QUEBEC (MIRENA) CLASS ACTION FILE, WHILE A SIMILAR NATIONAL CLASS ACTION PROCEEDS IN THE PROVINCE OF ALBERTA. LEX GROUP Inc. has launched and is pursuing a national class action on behalf of all Canadian residents who have used the intraunterine contraceptive device known as MIRENA, which device was manufactured, marketed and/or distributed by Bayer Inc. and/or other Bayer companies (hereinafter collectively “Bayer”). MIRENA is a T-shaped contraceptive device that is inserted inside a woman’s uterus.   The present Class Action is concerning migration of the Mirena device and not perforation or embedment of the device.  Migration involves the device leaving the uterus altogether.  Perforation relates to the device making a hole in or piercing the wall of the uterus.  Embedment refers to the device becoming stuck or lodged in the wall of the uterus. The difference between migration and the other two is important, since we are pursuing claims relating to migration ONLY. We are NOT pursuing other types of claims regarding the Mirena device. If migration has occurred, MIRENA must be removed by a healthcare professional, sometimes by means of surgery. Accordingly, if you are using or have used the MIRENA device and may have experienced migration of the device, then you MAY be part of the proposed Class defined by the class action initiated by our office.  Should you be a member of the class defined in this Class Action, you may be entitled to compensation should the Court authorize and grant a favorable final judgment in the class action or should a settlement be reached (and approved by the Court). Please visit this website periodically, in order to be kept informed and determine if the proposed class action has been authorized, if a final judgment has been rendered by the Court, or if any settlement has been reached (which must be approved by the Court). Please fill out the form below in order to be kept informed of the progress of this case. If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.  Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.  By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members. Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication. Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the relevant documents from the Court record, including the initial motion to authorize the bringing of the class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.
Jul 2013

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

Jul 2013

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

Apr 2013

The motion to authorize the class action in this matter was dismissed on October 14, 2015.     LEX GROUP Inc. has launched and is pursuing a national class action against Apple Canada Inc. and Apple, Inc. (hereinafter collectively “Apple”), concerning Apple’s Former Liquid Damage Policy, which was in effect on or before December 31, 2009 for the affected iPhone devices, and on or before June 30, 2010  for the iPod Touch Devices (hereinafter the “Relevant Time Period”). This class action is concerning the following devices: –        iPhone (4Gb, 8Gb, 16Gb); –        iPhone 3G (8Gb and 16Gb); –        iPhone 3Gs (16Gb and 32Gb); –        iPod touch (8Gb,16Gb, and 32Gb); –        iPod touch – 2nd Generation  (8Gb,16Gb, and 32Gb); –        iPod touch – 3rd Generation  (32Gb and 64Gb); (hereinafter the “Class Devices”) It is alleged that during the Relevant Time Period, the Class Devices had been tendered to Apple in Canada for repair or replacement, the whole during the standard one year limited warranty or the extended Apple Care Protection Plan (namely a two (2) year coverage provided by Apple at an additional cost).  It is further alleged that Apple denied to repair or replace said devices under its Former Liquid Damage Policy which provided that if the external Liquid Submersion Indicator located in the headphone jack in all class devices and in the dock-connector housing of the iPhone device had turned from white to either red or pink, Apple would consider this to be a device affected by liquid damage and therefore deny warranty coverage.  However, it is alleged in the proceedings that said external Liquid Submersion Indicators are subject to being triggered by humidity, temperature changes, and for other reasons that do not damage the class devices. Accordingly, if you own or owned one of the Class Devices mentioned above AND you submitted or tendered said device to Apple during the Relevant Time Period mentioned above AND your request for warranty coverage for the repair or replacement was denied due to a triggered external Liquid Submersion Indicator, then you MAY be part of the proposed Class defined by the class action initiated by our office.  Should you be a member of the class defined in this Canadian Class Action, you may be entitled to compensation should the Court authorize the class action or should a settlement be reached (and approved by the Court).  We note in this regard that on or about April 10, 2013, a settlement was reached concerning similar class action proceedings in the United States of America (which settlement still requires Court approval by the U.S. Courts). Please visit this website periodically, in order to be kept informed and determine if the proposed Canadian class action has been authorized, if a final judgment has been rendered by the Court, or if any settlement has been reached (which must be approved by the Court). Please fill out the form below in order to be kept informed of the progress of this case. If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.  Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.  By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members. Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication. Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial motion to authorize the bringing of the class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.
Oct 2012
David Assor

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

Note: This article is written in French.

Sep 2012

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

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

__________________________________________________________________________________________________________________________________________________________________

 

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

Without any admission of wrongdoing or liability on the part of the respondents, the Lakeshore General Hospital and Dr. Gilles Bourdon, the parties have reached an agreement to settle this class action. The settlement agreement definitively settles the class action in case number 500‑06-00623-120. If the Court approves it, it will have the effect of terminating any and all claims arising from the colonoscopies and its recall that you have or might have had against the respondents. The advantages conferred upon the class members and set out in the settlement agreement may be summarized as follows, subject to withholdings by the Fonds d’aide aux recours collectifs:
  • Class members who had a cancer diagnosed during the recall colonoscopy will receive $20,000;
  • Class members who underwent a recall colonoscopy, which did not diagnose a cancer, will receive $500;
  • Patients outside the scope of the recall who, at their request, nevertheless underwent a colonoscopy arranged by the Lakeshore General Hospital during the recall period, which did not diagnose a cancer, will receive $500.
  • Patients who were sent a recall letter but did not undergo a colonoscopy will not receive any indemnity, unless they are able to prove that they underwent a colonoscopy at a private clinic or other medical facility between September 10, 2012 and December 31, 2012;
The complete terms of the settlement agreement and of the notices to class members are available on this page. This settlement agreement will be submitted to the Honourable Justice Robert Castiglio of the Superior Court of Québec on June 23, 2016, at 9:30 AM, in Room 15.07 of the Montreal Courthouse, 1 Notre-Dame Street East, Montreal, Québec, for his approval. Justice Robert Castiglio, S.C.J. will also be asked to authorize the class action solely for the purpose of approving the settlement agreement. You have nothing to do if you wish to be bound by the settlement and the eventual judgment of the Court approving same. Objection Process If you wish to contest the approval of this settlement agreement, you must submit a signed objection notice on or before June 8, 2016 at the latest. Your notice must briefly state your name, contact information, the reasons behind your objection, whether you intend to be present at the court hearing on June 23, 2016, and if you intend to be represented by independent counsel (providing the name and contact information of said counsel if known). This notice should be sent to the attorney acting on behalf of the class, Mtre David Assor, at: Mtre David Assor Lex Group Inc. 4101 Sherbrooke Street West Westmount, QC, H3Z 1A7 Email: [email protected] Fax: (514) 875-8218 Telephone: (514) 451-5500 (ext. 321) The Lakeshore General Hospital is now part of the Montreal West Island Integrated University Health and Social Services Centre (IUHSSC). Info-IUHSSC: 514 630-2123.  

_______________________________________________________________

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

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

If you or someone you know underwent a colonoscopy at the Lakeshore General Hospital by Dr. Gilles Bourdon specifically, you may be included in this class action, and you may be entitled to compensation should the case be successful in the future by way of final judgment or settlement approved by the Court.

Please fill out the form below in order to be kept informed of the progress of this case.

If you wish to be kept informed and/or receive notification of major judgments rendered or notices in this case, please complete the form below.  Please note that providing your information in the form below creates no financial obligation for you and it does not create a lawyer/client relationship between yourself and Lex Group Inc. (or any of its attorneys).  You will not be charged any fees or costs for signing up to this class action since our firm is only paid on a contingency basis from the potential compensation recovered in this file, if the class action is successful by way of final judgment or settlement approved by the Court.  Please be advised that the group definition of the people to be included in this class action may be changed or modified in the future by Court decision or by way of amendment filed by our firm.  We will not inform you or other members of the public if and when the group definition is changed.  It is therefore your sole responsibility to ensure that your own personal rights and recourses are being protected at all times during the course of these proceedings.  You may therefore wish to seek independent legal counsel in order to determine whether it would be in your best interest to pursue independent litigation in this matter (or any other matter), and to determine if you can potentially be included in this case if a final judgment is rendered or if a settlement is reached and approved by the Court.  By signing up to this class action, you are merely asking our firm to include you in our list of potential members in this class action but our firm is not agreeing to represent your personal interests.  If a final judgment is rendered in this case, or if a settlement is reached (and approved by the Court), an e-mail may be sent to you and the relevant information may be posted on this website.  The Court will determine the manner and extent of any future notifications to class members.

Be advised that the information you provide will be included in our list of potential class members for this case, which list may be shared with and disclosed to the Courts and/or other parties in this action (at our discretion).  Rest assured that any such disclosure will be done in such a manner as to protect your personal information and confidentiality from unauthorized use, disclosure or publication.

Finally, be advised that the above-description and summary of the case is being posted on this website for your convenience.  However, in case of conflict between the information on this website and the actual proceedings, documents, and/or judgments in the Court record of this case, the official Court record documents will prevail.  We have for your convenience posted on this webpage certain scanned copies of the several relevant documents from the Court record, including the initial motion to authorize the bringing of the class action which describes the case in much more detail.  You should therefore consult these documents as well as consult this website periodically in order to be kept informed.

Aug 2012

SETTLEMENT COMPLETE AND FILE CLOSED

NATIONAL BANK OF CANADA

Re: Settlement regarding the laptop computer stolen in 2008

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

  • Larose and Paquette v. National Bank of Canada, 500-06-000452-082, Superior Court of Quebec, district of Montreal, 
on their own behalf and on behalf of the class defined as follows: The Class consists of all the persons (including their estates, executors, or personal representatives), consumers, corporations having no more than 50 persons under an employment contract, firms, businesses, and other organizations in all of Canada, whose personal information was saved or stored on the hard disk of a laptop computer stolen from the premises of NBC on or about September 19, 2008. The Class excludes i) NBC, ii) any entity in which NBC holds a majority interest, iii) NBC’s legal representatives, successors and assigns iv) and all Persons who have opted out of the Class in accordance with the Notice of Preapproval. SUMMARY: NBC agreed and set up a claims settlement process for a period of ninety (90) days (which has now expired). The following persons were eligible to benefit from the settlement:
  • anyone who, as of September 19, 2008, held or had held a mortgage with NBC; and
  • whose personal information was saved or stored on the hard disk of the laptop computer stolen on or about September 19, 2008; and
  • who suffered a documented monetary loss as a result of the unauthorized use of the said personal information.
As additional measures, NBC also agreed to make (and indeed made) the following donations: a)    $25,000 to the Fondation du Centre Jeunesse de Montréal; b)    $60,000 to the Jewish General Hospital Foundation of Montreal. NBC also paid the plaintiffs, Steve Larose and Jocelyne Paquette, the amount of $1,500 each as an indemnity for the costs incurred by them and their efforts on behalf of the Class Members as plaintiffs in the litigation. This file is now settled and closed.
May 2012

SETTLEMENT APPROVAL NOTICE TO CLASS MEMBERS APPROVED SETTLEMENT AGREEMENT DAIMLERCHRYSLER FINANCIAL SERVICES CANADA INC. (NOW KNOWN AS TD AUTO FINANCE SERVICES) LOST DATA BREACH CLASS ACTION 500-06-000615-126

PROCEEDINGS On January 19, 2015, the Honourable Louis Lacoursière of the Superior Court of Quebec 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 has been reached and was approved by the Superior Court of Québec on March 4, 2020. SETTLEMENT AGREEMENT The Settlement provides that DaimlerChrysler 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 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 Settlement Approval Order, the Claim Form, and other related documentation is available on 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. HOW DO I SUBMIT A CLAIM? To submit a claim, you must, no later than January 8, 2021: • Complete a Claim Form online at www.ChryslerFinancialLostDataTape.ca; or • Obtain a Claim Form in paper format from the above website, the Claims Administrator or this page, complete it and send it by email or by mail to the Claims Administrator at the following address: 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   ________________________________________________________________________________________    

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.