Class action proceedings have now been certified or authorized by the courts of British Columbia, Ontario and Québec alleging that beginning in 1988, Microsoft engaged in anti-competitive conduct resulting in overcharges for the following Intel-compatible personal computer (“PC”) operating systems and Intel-compatible PC applications software: Word, Excel, Office, Works Suite, Home Essentials, MS-DOS, and Windows (“Microsoft Software”). See Reasons for Judgment of Mr. Justice Myers, March 15, 2010.
You are a class member in one of the class actions if you live in Canada at the time of this notice and, between December 23, 1998, and March 11, 2010 (inclusive) you purchased for your own use (not for resale) genuine Microsoft Software or a PC loaded with genuine Microsoft Software from someone other than Microsoft, and do not opt out of the appropriate class action (the “Class Members”).
If you do not want to be a Class Member who is legally bound by these class actions, you must exclude yourself by completing and sending the attached opt-out form by email no later than midnight on July 25, 2016 to email@example.com or regular mail postmarked on or before July 25, 2016 to:
CFM Lawyers 400-856 Homer Street,
Vancouver, BC V6B 2W5
Attn: Linnae Roach
The Courts have not yet made any decision on the merits of the claim or the defences in any of the three separate class actions.
To access the court documents, click on the links below:
The defendants appealed the decision certifying the class action and were successful at the BC Court of Appeal, however, the Supreme Court of Canada upheld the judgment of Mr. Justice Myers, finding that the proceeding met the requirements for certification under the Class Proceedings Act. The unanimous Reasons for Judgment issued by the Supreme Court of Canada on October 31, 2013, can be found at the link below.
MICROSOFT CLASS ACTION - View
MICROSOFT CLASS ACTION CERTIFIED NATIONALLY - View