Microsoft

LAUNCH OF THE EDUCATIONAL VOUCHER PHASE OF THE MICROSOFT SETTLEMENT DISTRIBUTION

The claims period for consumers and volume licensees has closed and approved claimants across Canada will soon be receiving funds. Now over $100 million of the remaining settlement funds is being used to give students at K-12 schools and post-secondary institutions across Canada access to new computer hardware, software and related training.

Settlement funds will be distributed to Canadian educational institutions in the form of vouchers for new hardware and software. Some of the funds will go towards new hardware for K-12 schools, with a priority on underserved schools that would benefit from increased student access to computer learning. The rest of the funds will go towards new software for both K-12 schools and post-secondary institutions, prioritizing those which would benefit most from increased access to software. Institutions can also use their vouchers for professional development services to help teachers take full advantage of the new technology in their classrooms.

Eligibility for the school voucher program is being determined by an oversight committee of educators which will also monitor and report on the impact of the program. To launch the program, a small number of educational institutions across Canada were selected by the oversight committee to receive vouchers for the upcoming school year (starting September 2022). Distribution of vouchers to these institutions is underway. The remainder of the settlement funds will be made available for hardware and software vouchers for educational institutions across Canada later in 2022-23.

For further information about the vouchers for educational institutions, please visit the settlement website at: https://www.thatsuitemoney.ca/

CLAIMS PROCESS FOR SETTLEMENT FUNDS

The claim period has ended and the deadline for the claims administrator to review all claims was May 16, 2022. The claims administrator is in the process of distributing funds to approved claimants. This process is expected to take until summer 2022.
Claimants who have moved since submitting their claim and wish to update their mailing address should do by contacting the claims administrator at [email protected].

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

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.

SETTLEMENT REACHED

A settlement agreement that is subject to court approval has been reached with the defendants Microsoft Corporation and Microsoft Canada Co./Microsoft Canada CIE (“Microsoft”). The settlement agreement obligates Microsoft to fund a claims process and class counsel fees to a maximum amount of $517,331,500 and to pay administration and notice costs in addition to that amount. The settlement represents a resolution of all disputed claims. Microsoft has not admitted any wrongdoing or liability.

The Microsoft settlement agreement is subject to court approval in British Columbia, Ontario, and Quebec. Hearings to approve the settlement agreement will be heard by the British Columbia Supreme Court in the City of Vancouver on September 21, 2018 at 9:00am, the Ontario Superior Court in the City of Toronto on October 18, 2018 at 10:00am, and the Quebec Superior Court in the Quebec City on October 25, 2018 at 9:00am.

For details of the settlement and settlement approval hearings, see the following documents:

• Fully Executed Settlement Agreement (English)
• Fully Executed Settlement Agreement (French)
• Long Form Notice (English)
• Long Form Notice (French)
• Short Form Notice (English)
• Short Form Notice (French)

British Columbia

BC Order re Notice of Settlement Hearing

Ontario

ON Order re Notice of Settlement Hearing

Quebec

QC Order re Notice of Settlement Hearing

Anyone wishing to object to this settlement must send their objection to class counsel listed in the Long Form Notices no later than September 18, 2018.

WHO IS INCLUDED IN THIS CLASS ACTION:

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”).

Court Documents

To access the court documents, click on the links below:

• Fifth Further Amended Statement of Claim, November 13, 2014
• Statement of Defence of Microsoft Corporation and Microsoft Canada Co./Microsoft Canada Cie, Nov. 19, 2014
• Reply of the Plaintiffs, Dec. 2, 2014
• Order Reducing Class Period, February 24, 2015
• Reasons for Judgment of Mr. Justice Tysoe, July 6, 2006
• Reasons for Judgment of Mr. Justice Tysoe, November 24, 2006
• Reasons for Judgment of Mr. Justice Myers, March 15, 2010

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.

• Reasons for Judgment – British Columbia Court of Appeal
• Reasons for Judgment – Supreme Court of Canada

For more information please contact Linnae Roach, Paralegal at 604-331-9523 or by email at [email protected].

Microsoft - Status Updates:

Microsoft – Launch of Educational Voucher Phase of the Settlement Distribution - View

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 - View

Microsoft Class Action - View

Microsoft Class Action Trial - View

MICROSOFT CLASS ACTION - View

MICROSOFT CLASS ACTION CERTIFIED NATIONALLY - View