Archives: Class Action Developments

The Canadian Transportation Accident Investigation and Safety Board appealed the order for production of the cockpit voice recorder by the Honourable Justice Duncan of the Supreme Court of Nova Scotia. The appeal was heard by the Nova Scotia Court of Appeal on December 7, 2020 and written reasons for judgment were published on April 16, 2021. The appeal was dismissed.

A settlement was reached in February 2020.

On February 4, 2021, Mr. Justice Mayer, the case management judge in this action, approved the Settlement Agreement, the Distribution Plan and appointed the defendant as the Administrator with respect to the Distribution Plan. You can access the oral reasons for judgement under Documents.

On February 09, 2022, Mr. Justice Mayer, the case management judge overseeing this class action, ordered that the Administrator shall pay Settlement Class Members’ Approved Claims in accordance with the Distribution Plan that was approved by this Court on February 04, 2021.

The Panasonic settlement agreement was approved by the Courts in 2021.

YOUR OLD SOFTWARE OWES YOU MONEY, Make a claim to get up to $250 cash for individual licenses or get up to $650 in vouchers for Volume Licenses without proof of purchase.

If you are a Canadian resident as of May 25, 2016 who, between December 23, 1998 and March 11, 2010 (inclusive), purchased a license for:

1. PC versions of Microsoft’s Word, Excel, Office, Work Suite, or Home Essentials applications software (including any full upgrade versions); OR
2. PC versions Microsoft’s MS-DOS or Windows operating systems software.

The claims process is now open. The deadline to make a claim is September 23, 2021. Please note that this includes purchases of computers with eligible software pre-loaded.

Claims can be submitted online at www.thatsuitemoney.ca . If you have any questions, please email [email protected] or please call 1-833-451-8815.

Please see the Notices in Documents to read more about the claims process:

• Long Form Notice (English)
• Long Form Notice (French)

On September 18, 2020: The Court dismissed the plaintiffs’ motion for certification on the basis that there was no evidence of consumer harm. The decision relates to all current and former Canadian owners and lessees of the affected vehicles, except Quebec residents whose claims are being prosecuted separately.

Click here to view News Release for more information:

https://www.newswire.ca/news-releases/google-faces-class-action-in-canada-alleging-it-turns-canadians-electronics-into-tracking-devices-without-their-consent-887865918.html

The New Settlements were approved by courts in British Columbia, Alberta, Saskatchewan, Ontario and Quebec. The Court’s decisions approving the settlements can be found in the section of this website. The settlement approval decisions have been appealed by Wal-Mart and Home Depot. Appeals (or applications for leave to appeal) brought by Wal-Mart and Home Depot were dismissed by the appellate courts in British Columbia, Ontario, Quebec and Saskatchewan.  A final appeal is pending before the Alberta Court of Appeal and is scheduled to be heard on October 8, 2020. If you have any questions about the appeals, please contact the class lawyers at [email protected].

A settlement has been reached in the litigation with Bank of Montreal, BMO Financial Corp., BMO Harris Bank N.A., and BMO Capital Markets Limited (“BMO”) for $250,000.

On April 14, 2020, the British Columbia class action was certified on behalf of the following class:

All British Columbia resident persons who, during the Class Period of February 1, 1997 to December 31, 2012, purchased Vehicle Carrier Services from a Defendant, or purchased or leased a new Vehicle in British Columbia that had been transported using Vehicle Carrier Services provided by a Defendant. The definition of Vehicle includes automobiles, trucks and high and heavy equipment such as buses, trucks, and agricultural and construction vehicles.

You can view a copy of the BC certification order under Documents.

The Ontario and Quebec Courts approved a method for disseminating the settlement funds achieved pursuant to previous settlements (the “Distribution Protocol”). The deadline to apply for settlement benefits expired on January 15, 2020. The Claims Administrator is currently processing claims.

Class Counsel propose to distribute the settlement funds pursuant to the Distribution Protocol. No further claims period is being contemplated.

The plaintiffs, along with the defendants Airbus, HIAA and Nav Canada brought a motion seeking an order from the Supreme Court of Nova Scotia for production of the cockpit voice recorder (CVR) by the Canadian Transportation Accident Investigation and Safety Board (TSB). This hearing was held on July 4, 2019. In written reasons released on November 20, 2019, Honourable Justice Duncan ordered the TSB to produce the CVR for flight AC 624.

Settlement Class Members who wish to apply for compensation under the settlements must apply no later than January 15, 2020. Claims that are not made within the deadline will not be eligible for compensation.

Quebec Action:

On April 30, 2019, Justice Corriveau of the Quebec Superior Court issued judgment authorizing the class action.

On April 1, 2019, the Superior Court, before the Judicial District of Montréal, authorized the class action on behalf of the following group:

Any person who purchased in Québec vehicle carrier services (RoRo) or who purchased or leased in Québec a new motor vehicle, new farm machinery or new construction equipment that was transported by RoRo vessels between February 1, 1997, and December 31, 2012

You can view a copy of the Québec authorization order under Documents.

On October 25, 2018, the Ontario Court approved a motion to certify the within action as against Deutsche Bank AG, Deutsche Bank Securities Limited, and Deutsche Bank Securities, Inc. (“Deutsche Bank”) for settlement purposes.

The Deutsche Bank settlement agreement (the “Deutsche Bank Agreement”) is subject to Court approvals in Ontario and Quebec. Hearings to approve the Deutsche Bank Agreement will be held as follows:

Ontario: at the Toronto courthouse on April 30, 2019

Quebec: at the Montreal courthouse on June 17, 2019

If you decide to exclude yourself (opt out), you must submit an Opt Out Form no later than April 12, 2019.

Copies of the Deutsche Bank Agreement, Short-Form and Long Form Notice (English and French) and opt-out form can be located under the Documents.

A national settlement, totaling $2,121,939.05 has been reached with Deutsche Bank AG, Deutsche Bank Securities Limited, and Deutsche Bank Securities, Inc. (collectively “Deutsche Bank”).  The Deutsche Bank settlement has been approved by the Ontario and Quebec courts.

A national settlement has been reached with Morgan Stanley for USD$2.3 million, subject to court approval in Ontario and Quebec.  At the approval hearings, the Ontario and Quebec courts will also be asked to approve the distribution protocol to pay out claims.

In order to receive a payment from the settlements, you must submit a claim form by August 19, 2019. Claims can be submitted online at the ForEx Class Action website.

The NMB settlement agreement was approved by the courts in 2019.

Class counsel will seek approval of a distribution plan at a future date.