News

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.