News

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.

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.

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.