News

Sep 2014

BE ADVISED THAT ON JANUARY 7, 2015, THE SUPERIOR COURT OF QUEBEC ORDERED THE SUSPENSION OF THE PRESENT QUEBEC (RISPERDAL/INVEGA) CLASS ACTION FILE, WHILE A SIMILAR NATIONAL CLASS ACTION PROCEEDS IN THE PROVINCE OF ONTARIO.

 

Important Notices (December 21, 2017):

The proposed class action proceeding in the Province of  Quebec (Canada) was amended in an important respect (a copy of the Corrected Amended Application for Authorization is posted on this page in PDF format).

The action is now limited to individuals suffering from gynecomastia and hyperprolactinemia only.  

Previously, the action included claims for other injuries such as weight gain and tardive dyskinesia.  This is no longer the case.  If you have a claim based on tardive dyskinesia or weight gain or anything else (other than gynecomastia or hyperprolactinemia) it is important that you commence your own legal action in a timely basis and before any applicable limitation period expires.  Almost all law suits must be commenced within a fixed period of time.  The commencement of a proposed class action suspended that time from running.  However, now that the proposed class action is no longer pursuing claims for the other damages, including tardive dyskinesia or weight gain, the time has begun to run again.  If this fixed time period expires before your action is commenced, your claim will expire and you will not be able to make the claim in the future.  We strongly recommend that you consult with independent counsel immediately with a view to commencing your action now.

The second significant change is concerning the Ontario action: the Ontario Statement of Claim had previously sought to include users of generic risperidone but the Court in Ontario has ordered the Ontario Plaintiffs to remove all claims regarding generic risperidone.  A copy of the most recent Statement of Claim in the Ontario proceedings is posted on this page in PDF format.

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Important Notice Regarding the Ontario Proceedings:  As of July 24, 2015, the proposed class action proceeding in the Province of Ontario (Canada) was amended in two important respects (a copy of the Ontario Order is posted on this page in PDF format).

First, the action is now limited to individuals suffering from gynecomastia and hyperprolactinemia only.  Previously, the Ontarian action included claims for other injuries such as weight gain and tardive dyskinesia.  This is no longer the case.  If you have a claim based on tardive dyskinesia or weight gain or anything else (other than gynecomastia or hyperprolactinemia) it is important that you commence your own legal action in a timely basis and before any applicable limitation period expires.  Almost all law suits must be commenced within a fixed period of time.  The commencement of a proposed class action suspended that time from running.  However, now that the proposed Ontario class action is no longer pursuing claims for the other damages, including tardive dyskinesia or weight gain, the time has begun to run again.  If this fixed time period expires before your action is commenced, your claim will expire and you will not be able to make the claim in the future.  We strongly recommend that you consult with independent counsel immediately with a view to commencing your action now.

The second significant change in the Ontario action is that the claim has been clarified to explicitly include users of generic risperidone, who like users of Risperdal, were not warned about the risks of developing gynecomastia and hyperprolactinemia.  Many individuals who thought they were taking Risperdal were, in fact, taking generic risperidone.  Some people may have been taking one or the other at different times without knowing it. The Ontario claim now alleges that the manufacturers of Risperdal should have warned users of generic risperidone about the risks of gynecomastia and hyperprolactinemia.

Jul 2014

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

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

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

Without any admission of wrongdoing or liability on the part of the respondent the Lachine Hospital, the parties have reached an agreement to settle this class action.

The advantages conferred upon the class members and set out in the settlement agreement may be summarized as follows, subject to withholdings by the Fonds d’aide aux recours collectifs:

– Each Class Member who underwent a Blood Test that did not diagnose any illness and who advised the Lachine Hospital of these results will receive $500.

– Each Class Member who, because of the date of their surgery, had to undergo a second Blood Test that did not diagnose any illness and who advised the Lachine Hospital of these results, will receive an additional compensation of $250.

– A Class Member who can establish that he or she underwent a Blood Test between April 1, and July 29, 2014 at a private clinic or at another medical facility that did not diagnose an illness and who did not advise the Lachine Hospital of these results will be entitled to $500.

– A Class Member who can establish that because of the date of his or her surgery, he or she underwent a second Blood Test between June 1, 2014 and September 30, 2014 that did not diagnose an illness and who did not advise the Lachine Hospital of these results will receive an additional compensation of $250.

The complete terms of the settlement agreement and of the notices to class members are available on this page.

This settlement agreement will be submitted to the Honourable Justice Guylène Beaugé of the Superior Court of Québec on May 27, 2016, at 9:30 a.m., in Room 15.07 of the Montreal Courthouse, 1 Notre-Dame Street East, Montreal, Québec, for her approval. Justice Beaugé will also be asked to authorize the class action solely for the purpose of approving the settlement agreement.

You have nothing to do if you wish to be bound by the settlement and the eventual judgment of the Court approving same.

Objection Process

If you wish to contest the approval of this settlement agreement, you must submit a signed objection notice on or before May 20, 2016 at the latest. Your notice must briefly state your name, contact information, the reasons behind your objection, whether you intend to be present at the court hearing on May 27, 2016, and if you intend to be represented by independent counsel (providing the name and contact information of said counsel if known).

Opt-out Process

If you wish to opt-out of the settlement of this class action, you must submit a signed opt-out notice (by mail, fax or e-mail) by July 6, 2016. This notice MUST include the following information:

  • Your full legal name; and
  • Your full home address; and
  • Your telephone number(s); and
  • Your e-mail address (optional); and
  • Specifically confirm that your wish to “opt-out from the Lachine Hospital Bariatric Surgery Class Action Settlement” (or other equivalent language).

If you opt-out from the settlement, you will not be eligible to receive the benefits mentioned above. If you opt-out, you should be aware that there are strictly enforced time limits within which you must take formal legal action to pursue your claim. By opting out, you will take full responsibility for taking all necessary legal steps to protect your claim.

These notices must be sent to the attorney acting on behalf of the class, Mtre David Assor, at:

Mtre David Assor

Lex Group Inc.

4101 Sherbrooke Street West

Westmount, QC, H3Z 1A7

Email: [email protected]

Fax: (514) 875-8218

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LEX GROUP Inc. has launched and is pursuing a class action on behalf of all persons who underwent a surgical procedure at the Lachine Hospital wherein one or many of the instruments used in the said procedure were not properly sterilized, and who were sent a letter from Lachine Hospital in or around April 2014 confirming that the cleaning process of said instrument(s) used during the surgical procedure was incomplete.

In fact, a liver retractor which has multiple moving parts and/or sections, was improperly cleaned, leaving behind incrusted blood and/or other human tissue and fluid from previous patients. As a result, patients may have contracted diseases such as HIV and Hepatitis B or C, which could have been avoided had the Lachine Hospital properly completed the cleaning process of the instruments used during their surgeries.

If you underwent a surgical procedure at the Lachine Hospital wherein one or many of the instruments used in the said procedure were not properly sterilized, you may be included in this class action, and you may be entitled to compensation should the case be successful in the future by way of final judgment or settlement approved by the Court.

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

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

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

Jul 2014
David Assor

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

Note: The article is written in French.

Apr 2014
David Assor

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

Note: The article is written in French.

Mar 2014

Lex Group has launched a national class action regarding the Target Corporation loss of personal information that occurred between at least November 27, 2013 and December 15, 2013.  For more details, click here.

Mar 2014

QUEBEC SETTLEMENT

On January 18, 2017, the Honourable Justice Hamilton of the Superior Court of Quebec authorized a class action brought by the Plaintiff on behalf of all Quebec residents whose payment card data and/or personal information was lost by and/or stolen from the Defendant Target Corporation (USA) as a result of a breach of its computer network by unknown hackers.  A Settlement Agreement was reached between the parties and has been approved by the Superior Court of Quebec.

The approved settlement provides that Target Corporation, without admission of liability, will pay an amount not exceeding $345,000 which will be used to pay an amount of up to $5,000 to each Class Member who provides documentary evidence of their losses and up to $50 to each Class Member without such evidence.

Target Corporation will separately pay: 1) the fees of the Claims Administrator; 2) the cost related to the notice program; 3) the Plaintiff’s lawyers’ fees in the amount of $150,000 plus taxes, and; 4) the Plaintiff’s claim in the amount of $4,999.99.

A copy of the settlement agreement, the detailed notice, the claim form, the Judgment, and other related documentation is available online this page and at www.targetdatabreachsettlementquebec.ca.

How to make a claim?

To make a claim, you must, no later than July 23, 2018:

– Complete a claim form online at www.targetdatabreachsettlementquebec.ca; or

– Obtain a claim form in paper format from the Claims Administrator or Class Counsel, complete it and send it by email or by mail to the Claims Administrator.

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LEX GROUP Inc. has launched and is pursuing a national class action on behalf of all Canadians whose personal and/or financial information was lost by and/or stolen from Target Corporation as a result of the data breach that occurred between at least November 27, 2013 and December 15, 2013 (hereinafter the “Target Data Breach”).

According to the information collected thus far, on or about November 17, 2013 and continuing until on or about December 15, 2013, the computer network that processes transactions for all Target stores in the U.S.A. was breached by unknown attackers. This Target Data Breach affected at least 40 million credit card and ATM accounts and the personal and financial information of at least 70 million individuals, including approximately 700,000 Canadians. The lost information included, without limitation, the names, phone numbers, home addresses, credit and debit card numbers, PIN numbers, expiration dates, magnetic strip information, and passwords.

During the month of January 2014, Target sent e-mails informing certain Canadian victims of the loss of information in question and providing them with a promotional code for one year credit monitoring with Equifax Canada. You must contact Target directly in order to activate said service, if you choose to activate it, within the specific deadlines determined by Target.  It cannot be ascertained if all of the Canadian victims indeed received such a notification e-mail (since Target did not have the e-mail address of all of the victims).

If you used a credit or debit card at a Target retail store in the U.S.A., or otherwise provided your personal information to Target Corporation in the U.S.A., your personal and/or financial 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.

Nov 2013

 

DISCONTINUANCE NOTICE

WACOAL ANTI-CELLULITE IPANT SHAPEWEAR

WACOAL CANADA CONSUMER SATISFACTION PROGRAM AND THE DISCONTINUANCE OF THE CLASS ACTION PROCEEDINGS

In 2013, LEX GROUP Inc. launched a national class action lawsuit against Wacoal Canada Inc. and Wacoal America, Inc., on behalf of individuals who have purchased a Wacoal Anti-Cellulite iPant shapewear product (hereinafter the “iPant Products”).

Through its Consumer Satisfaction Program, Wacoal Canada is offering/offered full refunds to any of its Canadian consumers dissatisfied with their purchase of iPant Products. The Consumer Satisfaction Program allows/allowed any Canadian consumer to return or provide a sales receipt of the iPant Products purchased in order to receive a refund of the suggested retail price. For more information about the program, including how and under which strict deadlines (September 22, 2015) you may claim a reimbursement, please visit the claims website www.wacoalcanadaconsumersatisfaction.com.  LEX GROUP Inc. is not involved in this Consumer Satisfaction Program so any inquiries must be directed to Wacoal Canada directly.

In light of this Customer Satisfaction Program, our firm decided not to pursue this proposed class action. The proposed litigation was discontinued with the approval of the Court on May 21, 2015.  No class actions or other litigation is being pursued by our firm on behalf of purchasers of the iPant Products made by Wacoal and distributed in Canada. Our law firm is not taking any further steps in regards to litigation regarding the Wacoal iPant Products sold in Canada. Please note that limitation periods (prescription) will apply to your ability to pursue an individual lawsuit.

Nothing in this general notice is intended to be legal advice or a legal opinion. This notice concludes our law firm’s intended communications regarding the class action regarding the Wacoal iPant Products sold in Canada.

 

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Prior:

LEX GROUP Inc. has launched a national class action lawsuit against Wacoal Canada Inc. and Wacoal America, Inc. (hereinafter collectively “Wacoal”), on behalf of individuals who have purchased a least one of the following Wacoal Anti-Cellulite iPant shapewear products:

  • iPant Anti-Cellulite Mid-Thigh Shaper;
  • iPant Anti-Cellulite Long Leg Shaper;
  • iPant Anti-Cellulite Hi-Waist Long Leg Shaper;
  • iPant Anti-Cellulite Capri Legging;
  • iPant Anti-Cellulite Shape Brief.

(hereinafter collectively the “iPant Products”).

Wacoal has marketed its iPant Products as being made with Novarel Slim® fabric which contains caffeine, retinol, vitamin E, fatty acids and aloe vera.  The class action proceedings allege that Wacoal engaged in deceptive, misleading, false, and unfair advertising when promoting their iPant Products as having the ability to reduce thigh measurement, eliminate cellulite, promote fat destruction and weight loss, and help skin feel better day after day. Moreover, the proceedings allege the use by Wacoal of deceptive and misleading clinical studies and statistical efficiency claims in its marketing of the iPant Products.

Accordingly, if you have purchased one of the iPant 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.

Nov 2013

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

Jul 2013

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

Jul 2013

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